MAKING A NEW CERTIFICATION APPLICATION: The Union can apply at anytime.

According to the Labour Board rules, the Union can apply for certification anytime. If the Union has at least 45% of employees in a unit signed up as members, the board will allow for a vote. However, if the Union has at least 55% of employees in a unit, the labour board will certify the Union to commence collective bargaining immediately.

The Labour Board Process

The board must review certification applications, verify their validity, specify required evidence, examine employee list information, and provide submission instructions for granting successful union certifications.

Determination of appropriate unit

The board has two responsibilities when a trade union seeks certification as the bargaining agent for drivers and warehousemen. Firstly, they must assess if the unit is suitable for collective bargaining. Secondly, the Labour Board has the discretion to add or remove employees from the employees list before certification.

PUMPING-UP THE EMPLOYEE LIST

During organizing campaigns, some employers use a tactic known as “pumping up the employee list.” This involves artificially inflating the number of employees in the drivers and warehouse group to sway the outcome of efforts to form a union or collective bargaining unit. The aim is to manipulate the certification process or create the impression that there is less support for unionization than there really is.

Employers add more names to the employee list to weaken pro-union voters and make it harder for the union to achieve collective bargaining rights. It may cause confusion among employees about who truly supports the union.

Unions challenge and remove non-associated individuals on employee lists during certification applications. Regulators and labor boards ensure fairness and determine the true employee list.