Forming a Union at your workplace
Achieving union certification involves a number of steps. While each campaign to unionize will be unique, there are common elements in the process. The following list will inform you of the process, the role of the workers and the PSAC, the challenges, and how to achieve success.
The catalyst to act…
When a worker or group of workers at a workplace are frustrated by action(s) of their employer, there is often one final act that results in the workers picking up the phone to find out if unionizing will help them in dealing with their employer. Such things as not granting leave, not paying overtime, giving “favourites” the good shifts, aggressive supervisors, etc., compel workers to take action.
Making the call…
Workers who are disgruntled for reasons such as those indicated above will often contact PSAC to ask if unionization will help to make their working lives better. The PSAC representative will ask them to explain the situation, describe the workforce and a bit of its history. This can all be very confidential with no names of individuals or employers ever being shared.
Once the PSAC representative has sufficient information, s/he will provide input and suggestions, which often includes advising the worker to get a few people together who are interested the idea of exploring unionization and arranging to meet with them.
Meeting the PSAC…
The PSAC representative, usually an Organizer, will meet with the group in person to further discuss their issues. An overview of the unionization process will be provided as well as some advice as to how the workers should proceed.
The Organizer will normally have these individuals sign their PSAC membership cards at that point as it demonstrates to both parties that a serious commitment is being made to proceed.
Moving the campaign forward…
The first thing in a successful unionizing campaign is having a plan. The plan should be developed with the key group of people who have agreed to take on the campaign – the Organizing Committee – and the PSAC Organizer.
The plan should take into consideration the following things:
- Training – the Organizing committee will be provided with information about the requirements for signing up their colleagues. Such things as: not recruiting on employer time; keeping the names of those who have signed confidential; making sure PSAC membership cards are properly completed; keeping records of who they’ve spoken with, who has signed, what their position is with respect to the union, etc.; handing PSAC membership cards over to the Organizer; and Labour Board requirements such as knowing the duration of validity of cards, the application process for union certification, the legal right of workers to unionize and the employer’s role when a union campaign is underway, etc.
- Compiling a list of workers at the worksite, including their names, addresses, contact information, work location, job title, employment status, etc.
- Assigning tasks to individuals so that all the necessary aspects of building towards majority support are addressed. Such things as: staffing phone banks, making housecalls, developing campaign literature, coordinating meetings, managing the list of employees, recruiting others to the Organizing Committee, etc.
- As the campaign unfolds, the Organizing Committee and the PSAC Organizer will constantly monitor the progress and adapt their plans as necessary. It is important that the planning includes anticipating the employer’s response to the campaign and proactively addressing it. This is often done by communicating to the employees what the anticipated response might be and assuring them of their legal rights to unionize.
- Targets and timelines are also important elements in an organizing campaign.
Achieving majority support…
Once a majority of the workforce has signed membership application cards, the application for union certification will be submitted to the Labour Board. Depending on the jurisdiction, the Board may grant a certificate if a clear majority has demonstrated their support for unionization, or a secret ballot representation vote may be ordered
Certification…
Barring any challenges by the employer, if it is determined that a majority of the workers said “yes” to unionization, the Board will issue a union certificate. If there is a challenge by the employer, the issues raised will be resolved to the Board’s satisfaction before union certification is granted.
On the way to collective bargaining…
Once a union certificate is issued, PSAC will advise the employer of its intention to commence collective bargaining. Members from the unit will be asked to submit their bargaining demands; a bargaining team will be chosen and a PSAC Negotiator will lead the group through negotiating its first contract. Upon arriving at a tentative collective agreement, the members of the union will vote on its acceptance or rejection. Acceptance means the contact will become valid once signed by both parties…rejection means the workers may invoke their right to strike or the employer may invoke its right to lockout the workers. Negotiations would resume when both parties agree to return to the bargaining table. Labour disruptions happen in less than 5% of contract negotiations.
A new contract for the workers…
Once signed, the collective agreement comes into force. The employer, the employees and their elected union representatives will enjoy the rights and responsibilities contained within the collective agreement.
If you would like additional information about unionizing, contact one of PSAC’s Organizers. 
