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Get a Union!

If you and your co-workers aren’t happy about CLAC representing you, there is something you can do to get rid of CLAC and replace it with any of a number of unions that will represent you more effectively. You can also just get rid of CLAC.

How can you do it? Read on…

Open Periods

There are rules, set out by the Alberta Labour Relations Board, about when workers can switch the union representing them if they aren’t happy. The time when you can do this is called an “open period.” CLAC and CLAC employers are famous for doing everything they can to avoid open periods so that workers won’t be able to switch to a union or just get rid of CLAC. But you do have rights!

The first step is to find out when your next open period is. It can be confusing, so if you’re not sure, contact us and we may be able to help. Ask your shop steward or contact the CLAC office nearest you and ask for a copy of your collective agreement. It will have information about when the collective agreement runs.

The rules about open periods are:

When your collective agreement is for two years or less, the open period is the last two months of the agreement.

Example: If your collective agreement runs from January 1, 2004 to December 31 2006, your open period is November and December of 2006.

If your collective agreement runs for more than two years, the open period is the last two months of the agreement, as well as the 11th and 12th month of the second year and each year after that (unless these months are less than 10 months before the end of the agreement).

Example: If your collective agreement runs from January 1, 2004 to December 31 2009, your open periods are November and December of 2006, November and December of 2007, November and December of 2008 and November and December of 2009.

You can also switch unions at any time after a collective agreement has expired but before a new one has been ratified. The only exception to this is if CLAC has just been newly certified where you work, but hasn’t negotiated a collective agreement yet. You can’t get rid of CLAC or get a different union until 10 months after a union has been certified.

How to Get a Union

If you know you have an open period coming up, the easiest way to get another union instead of CLAC is to contact a union that represents workers in your area and ask them to help you make a certification application to the Labour Relations Board. This is often called a “raid,” and can only happen during open periods.

The raiding union you and your co-workers choose must present evidence to the Board that it has the support of at least 40 percent of the employees in the bargaining unit. This is done is by having employees sign a union membership card (or sometimes a petition) indicating the desire to be represented by that union. In Alberta, workers signing cards must also pay $2.00 as an application fee.

In practice very few unions would file for application with only 40 percent support. The goal is to talk to all employees in the bargaining unit and have as many employees as possible support the new union.

Once at least 40 percent of employees have signed cards indicating their support for a union, an application is made to the Labour Relations Board.

If the Board is satisfied the application meets the requirements, it usually holds an employee vote. If a majority of employees voting choose to be represented by the raiding union, the Board transfers the bargaining rights and collective agreement from the old union to the new one.

Then, you’ve got a union!

How to Get Rid of CLAC without Getting a New Union

We think that it is in the best interest of working people to belong to real unions. Unions give workers rights at work and a way to ensure they are treated fairly.

However, at the end of the day, it’s always up to the workers themselves to decide if they want a union. If you want to get rid of CLAC but don’t want to replace it with another union, you can do that too.

Filing an employee revocation entails the following steps:

  • at least 40 percent of the employees in the bargaining unit must sign a petition supporting the revocation of the union;
  • the petition and an application form is submitted to the Labour Relations Board during an open period;
  • the Board investigates the application and may hold hearings;
  • if the application meets the requirements of the Code, the Board holds a secret-ballot vote of the affected employees; and
  • if the majority of the employees voting vote in favour of the revocation, the Board normally revokes the union’s bargaining rights, terminating any existing collective agreement.

Some employers try to get rid of unions that are standing up for its members by using the rules to try and decertify the union. For this reason, there are rules in place about management not being involved in a decertification attempt.

For more information about getting rid of CLAC without getting a new union, visit the Alberta Labour Relations Board. [http://alrb.gov.ab.ca/bulletins/13bulletin.html]


Contact us if you want to try get rid of CLAC, and we can help you find out when your open period is and help you through the steps to get rid of CLAC and get a new union. It might take some time, but getting started is an important first step in getting rid of CLAC where you work.

Unions You Can Call

Here are some links to unions in Alberta that represent workers in some of the areas covered by CLAC contracts.

Retail, Wholesale, and Service Workers
United Food and Commercial Workers, Local 401
www.gounion.ca
Tel: 1-888-GO UNION (1-888-468-6466)

Health Care Workers
Canadian Union of Public Employees
www.cupealberta.ab.ca
Tel: 1-877-YES-CUPE (1-877-937-2873)

Building Trades Workers
Communications, Energy and Paperworkers Union
Tel: (604) 682-6501
Email: coles@shaw.ca

Building Trades Workers
Contact the Alberta Building Trades Council for the contract information of the union that represents your trade in your community.
www.albertabuildingtrades.com
Main Office (Edmonton)
Tel: (780) 421-9400
Calgary Office
Tel. (403) 279-9500

If you're not sure who to call, contact the Alberta Federation of Labour:
www.afl.org
Tel: 1-800-661-3995

How to Join a Union!

Your right to organize or join a union is protected by legislation. In Alberta, the Labour Relations Code defines how to form a union and lays out the rules for union certification, bargaining, etc. The act clearly states "an employee has the right to be a member of a trade union and to participate in its lawful activities, and to bargain collectively with the employee's employer through a bargaining unit."

Unfortunately, as with most labour law in Alberta, there is often a big difference between what employers are allowed to do and what they actually do. With this in mind, it is important to know your rights when it comes to organizing a union.

As a general rule, employers don't like unions and will try to stop them from being organized - so workers should always use caution when researching, communicating with or organizing a union at their workplace. Contacting the Alberta Federation of Labour or an affiliated union can help you through the process.

How to Form a Union

Unions represent a specific group of employees in negotiations with the employer and otherwise act on the employees' behalf. A trade union may be a local of a provincial, national or international union, or it may be an independent organization that represents the employees of only one plant or business.

Any group of workers can form their own union by drafting a constitution and bylaws, signing up members, electing officers and filing with the Labour Relations Board to become a union.

These days, however, most workers who wish to become unionized do so through an established union because it makes the process easier and gives workers the support of an organization that knows the process and has organizers to help with a union drive.

The actual process of forming a union in your workplace is not complicated. To be certified, a union must demonstrate that it has the support of the majority of employees in a workplace.

This is done is by having employees sign a union membership card (or sometimes a petition) indicating the desire to be represented by a particular union. In Alberta, workers signing cards must also pay $2.00 as an application fee. Cards are valid for 90 days from the date they are signed.

Once at least 40 percent of employees have signed cards indicating their support for a union, an application for certification is made to the Labour Relations Board. The application is made by completing and filing a form supplied by the Board and providing proof of support. In practice very few unions would file for application with only 40 percent support. The goal is to talk to all employees and have as many employees as possible support the union.

When the Board receives the application from the union, they check to make sure:

  • the union has at least 40 percent support
  • the union is properly set up
  • the group of employees which the union seeks to organize is a proper bargaining unit
  • the application for certification was filed in a timely fashion
  • there has not been any undue influence used by the union to get support.

Once the Board has determined that the union has fulfilled the above requirements, the Board will, as soon as possible, conduct a representation vote to determine if a majority of employees in the bargaining unit favours certification.

A notice of vote will be posted, setting out the type of employee eligible to vote. The vote is by secret ballot, and the majority of those employees who actually vote determine the outcome. If 50% plus 1 of the employees who vote support the union, it is certified as the exclusive bargaining agent for the employees.

The Board then issues a certificate which confirms that the union is the exclusive agent for every employee in the bargaining unit, regardless of whether or not they are a member of the union. Usually, the union and the employer then commence bargaining for a collective agreement. A collective agreement is a written contract that outlines the wages, benefits, and working conditions of employees.

The Code requires the parties to meet with each other and to bargain in good faith. They must make every reasonable effort to enter into a collective agreement. If one party feels the other is failing to meet or failing to bargain in good faith, that party may file a complaint with the Board. If the complaint cannot be settled, the Board may hold a hearing, make a finding and, if necessary, issue directives or impose conditions to ensure that good faith bargaining resumes.

What Employers and Unions Can Do

It is important to know that the process is totally confidential. Unions won't tell an employer who has signed cards, the Board is not allowed to release information on who has signed cards, and the vote is conducted in secret by the Board.

The choice to form a union is up to the workers alone. The Labour Relations Code also prohibits employers from doing certain things which will interfere with the rights of employees to freely choose whether to form a union. These actions are called unfair
labour practices.

Employers cannot:

  • make it a condition of employment that you do not join a union
  • fire you if you are a member of a union or trying to organize a union
  • contribute financial or other support to a union
  • participate in or interfere with the formation of a union, it is up to the employees to decide whether or not to form a union
  • use coercion, intimidation, threats, promises or undue influence to interfere with employees unionizing

Some examples of other things employers cannot do are:

  • promise employees a pay increase, better working conditions, additional benefits or special favours if they stay out of the union
  • threaten to fire or reduce the wages of people who support the union
  • threaten to close or move the company or drastically change operations if the union is voted in
  • spy on workers attending union meetings
  • tell employees that the company will refuse to bargain with a union if it is certified
  • intentionally assign the worst jobs to union supporters
  • threaten or discipline workers for talking to other employees or getting them to sign union cards during non-working times, including breaks
  • transfer employees who support the union to other worksites to disrupt the union drive
  • ask workers how they intend to vote in a union certification vote
  • ask employees about union meetings or who they know have signed union cards
  • urge loyal employees to persuade other employees not to support the union
  • allow the production of anti-union literature using company equipment

Likewise, there are rules governing what a union can and cannot do. A union cannot:

  • organize on the employer's premises during an employee's working hours without the consent of the employer
  • use coercion, intimidation, threats, promises or undue influence to encourage trade union membership
  • interfere with the performance of work because certain employees are not members of a particular trade union

In addition, once a union applies for certification, the conditions of employment are frozen. The Board does this because employers will often try to make conditions better at a workplace, by raising wages for example, in an attempt to convince employees to vote against forming a union.

An employer is prohibited from altering the rates of pay or any term or condition of employment or any right or privilege of any employee from the date of the application until 30 days after certification is granted. If the union serves notice to bargain within those 30 days, the employer may not alter working conditions for a further 60 days.

This rule does not apply to changes in the conditions of employment that are customary, such as a raise that is given to employees every year that happens to fall within this period.

Once you and your fellow employees have decided that a union can help you stand up for your rights as workers and improve your workplace, you've taken the first step in the process of forming a union.