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employment privilege. The freezeremains in effect until the union’sapplication is either dismissed orcertified and notice to bargain isgiven. If the latter occurs a second,virtually identical, statutory freezecommences.Strike/Lockout: strike action isprohibited during the term of anexisting collective agreement.Decertification: decertification is theprocess by which union membersmay apply to revoke a union’srepresentational rights.Decertification may take place whenthe board is satisfied that the unionhas lost the support of the majorityof the employees in a unit. Thetimelines and conditions for adecertification vary.Successorship: when an employersells, leases or otherwise disposesof a business, the union’s rightsfollow the business. An employerthat purchases all or part of abusiness is bound by the collectiveagreement as if it is a party to it andinherits any incumbent unions’bargaining rights.Unfair Labour Practices: legislationin the various jurisdictions prohibitsemployer interference in theformation of trade unions, orinterference in an employee’s choiceto become a member of a tradeunion. It also prohibits penalizingemployees for becoming a unionmember or exercising other rightsunder labour relations legislationgenerally. Examples of unfair labourpractices generally include:o Refusing to employ orcontinue to employ anooooindividual because of his orher union activities;Imposing conditions in anindividual’s contract ofemployment restricting unionannouncements;Threatening dismissal,imposing a penalty, orintimidation by any othermeans due to union activity;Illegal strikes and lockouts orthreat of same; and,Employer participation in orinterference with theformation or administration ofa trade union.Consequences associated with unfair labourpractices vary by jurisdiction. For instance,in New Brunswick and Nova Scotia, thelegislation provides for certification at thediscretion of the Labour Board (NovaScotia) or the Labour and EmploymentBoard (New Brunswick), where the boarddetermines that employee rights have beenviolated to such an extent that it is unlikelythat the employee’s true wishes regardingcertification can be ascertained. The PEILabour Relations Board has the authority tomake any order it considers just in thecircumstances.Certification in the construction industryIn each of the Atlantic provinces, thecertification process in the constructionindustry is significantly different fromcertification in other industries. Theconstruction industry is subject to specificregulation and authorities. Given thedifferences in each province and thecomplexities involved, our clients generallyprefer to work closely with a local lawyerEmployment and Labour Law 96