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Appendix 1 —The Employment Relationshipin a Unionized EnvironmentUnion OrganizationThe unionization of a workplace begins with a union conducting an organizing drive to get employeesto sign union cards or otherwise indicate support for joining the union. If enough cards are signed, theunion will apply to the Labour Board to be certified as the bargaining agent for a group of employees.Depending on the province, the employees may be given an opportunity to vote by way of secret balloton whether or not they want to be represented by the union. If the majority of employees who votechoose to be represented by the union, all the employees in the designated bargaining unit will beunionized.During a union organizing drive, the employer is not allowed to make any changes to the terms andconditions of employment outside changes in the normal course. There are very strict rules aroundwhat an employer can and cannot do or say during a union organizing campaign. In some provinces,if an employer breaches those rules, the Labour Board may order that a union be certified as the bargainingagent for the employees even if the union was unable to demonstrate the required level ofemployee support.Bargaining & Good FaithOnce the union is certified, the union will be the exclusive bargaining agent for the employees, and theunion and employer will enter into negotiation of a collective agreement setting out the terms and conditionsof employment. The parties have a duty to bargain in good faith with the union. The employeris required to meet with the union and make every effort to conclude a collective agreement. If anemployer and a union cannot agree to the terms of a collective agreement after a certain period oftime, the union is legally entitled to stage a strike and an arbitrator will be appointed to either help theparties reach agreement, or impose an agreement on them.Grievances and ArbitrationsOnce the collective agreement is in place, any negotiation about changes to terms and conditions ofemployment will be with the union. If a unionized employee disagrees with discipline that has beenimposed by the employer, the employee can complain to the union, which will take it up with theemployer. An employer cannot terminate a unionized employee without just cause by simply payingnotice. If the parties cannot reach a resolution, the matter will proceed to a grievance hearing before athird party. This is in the nature of a mini-hearing with evidence and legal argument. Alternatively, theunion and employer may disagree about the interpretation of a provision in a collective agreement andhow it should be applied. In these situations, if the parties cannot resolve the matter between them, thedispute will be argued and decided at an arbitration hearing. These types of proceedings can be costlyand time consuming.An organization that does not have experience and expertise in dealing with union matters shouldalways consult the appropriate legal advice before taking any steps with regard to the employmentrelationship with its unionized employees.20
20 Questions Directors of Not-For-Profit OrganizationsShould Ask about Human ResourcesWhere to find more informationCICA Publications on GovernanceThe Not-for-Profit Director SeriesNPO 20 Questions Series20 Questions Directors of Not-for-Profit Organizations Should Askabout Board Recruitment, Development and Assessment20 Questions Directors of Not-for-Profit Organizations Should Ask about Fiduciary Duty20 Questions Directors of Not-for-Profit Organizations Should Ask about Governance20 Questions Directors of Not-for-Profit Organizations Should Ask about Risk20 Questions Directors of Not-for-Profit Organizations Should Ask about Strategy and PlanningLiability Indemnification and Insurance for Directors of Not-for-Profit OrganizationsNPO Director AlertsPandemic Preparation and Response — questions for directors to askIncreasing Public Scrutiny of Not-for-Profit Organizations — questions for directors to askNew rules for charities’ fundraising expenses and program spending — questions for directors to askOther PublicationsAccountants on Board — A guide to becoming a director of a not-for-profit organizationThe Director SeriesThe 20 Questions Series20 Questions Directors and Audit Committees Should Ask about IFRS Conversions (Revised ed)20 Questions Directors Should Ask about Building a Board20 Questions Directors Should Ask about CEO Succession20 Questions Directors Should Ask about Codes of Conduct (2 nd ed)20 Questions Directors Should Ask about Crisis Management20 Questions Directors Should Ask about Crown Corporation Governance20 Questions Directors Should Ask about Director Compensation20 Questions Directors Should Ask about Directors’ and Officers’ Liability Indemnification and Insurance20 Questions Directors Should Ask about Executive Compensation20 Questions Directors Should Ask about Governance Assessments20 Questions Directors Should Ask about Governance Committees20 Questions Directors Should Ask about Internal Audit (2 nd ed)20 Questions Directors Should Ask about IT20 Questions Directors Should Ask about Management’s Discussion and Analysis (2 nd ed)20 Questions Directors Should Ask about Responding to Allegations of Corporate Wrongdoing21
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