Last spring, the federal government caused quite a stir within trade unions with the adoption of Bill C-525, that tightened the rules for the accreditation of a union while facilitating the revocation of certification. The Bill came into force on June 16, 2015.
In April, RSS had issued a bulletin on this amendment.
The new government elected in October is promptly living up to its intention to eradicate certain initiatives of its predecessor. For instance, on January 28, the Honourable MaryAnn Mihychuk, Minister of Employment, Workforce Development and Labour, introduced Bill C-4, that would eliminate the effect of the aforementioned Bill. It would also abolish the impact of Bill C-377, that imposed certain financial disclosure requirements on unions.
What is the impact of this Bill on employers?
Should Bill C-4 be adopted, the impact on employers can be summed up briefly:
- A trade union can again be certified on the spot merely by presenting membership cards: a vote will no longer be required, unless ordered by the Canada Industrial Relations Board;
- The threshold for revocation of a certification is raised from 40% to a majority of employees in the bargaining unit.
Therefore, your position could change if you are an employer under federal jurisdiction. The situation could be particularly delicate if certification or revocation proceedings have been launched after June 16, 2015 and before the coming into force of Bill C-4.