In This Section
The Basics
Last year, more than 4,600 workers in British Columbia joined a union by organizing their workplaces. The information provided in this section of our site is aimed at answering many of the questions that come up when workers want to form a union at their workplace. We've also included some more general information about the Federation's role in helping workers form unions.
What is a union?
You are the union - you and a majority of your co-workers in the workplace. The basic idea of a union is that by joining together with co-workers you will have a greater ability to be more effective in collectively improving conditions at the workplace. These workplace improvements are achieved through the process of collective bargaining, which concludes with a legally-binding collective agreement, signed between the union and the employer.
What are the benefits of a union?
The union's goals in a workplace are its members' goals:
- Job Security
- Health and Safety in the Workplace
- Pay Equity
- Hours of work
- Employment Equity
- Fair Wages and Benefits
- Family Responsibility Leave
- Dignity and Respect (union security)
- Democratization of the work place
You Have the Right to Organize a Union
Working men and women have the legal right to union representation. This right also includes those employed in telework and homeworkers. The BC Labour Relations Code and the Canada Labour Code ensures and protects that right.
These laws state:
Part 2 - BC Labour Relations Code (Provincial)
Rights of employers and employees
4. (1) Every employee is free to be a member of a trade union and to participate in its lawful activities.
6. (3) An employer or a person acting on behalf of an employer shall not
(a) discharge, suspend, transfer, lay off or otherwise discipline an employee, refuse to employ or continue to employ a person or discriminate against a person in regard to employment or a condition of employment because the person
(i) is or proposes to become or seeks to induce another person to become a member or officer of a trade union or
(ii) participates in the promotion, formation or administration of a trade union.
Part I Canada Labour Code - (Federal)
Basic Freedoms
(i) Every employee is free to join the trade union of his/her choice and to participate in its lawful activities.
Prohibitions Relating to Employers
(i) No employer or person acting on behalf of an employer shall:
(a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person because the person...
(i) is or proposes to become, or seek to induce any other person to become, a member, officer or representative of a trade union or participate in the promotion, formation or administration of a trade union.
Is it hard to organize a union?
No. There are some detailed and formal legal steps to follow but the union organizer will assist you with those requirements.
The basic steps in organizing a union aren’t difficult:
(i) You and a majority of your co-workers (excluding management) sign a membership card indicating your desire to become unionized.
(ii) The union will file an Application for Certification as the bargaining agent for your workplace before the appropriate Labour Relations Board, depending on what jurisdiction you are employed in.
(ii) The union will file an Application for Certification as the bargaining agent for your workplace before the appropriate Labour Relations Board, depending on what jurisdiction you are employed in.
In BC, you must sign up at least 45% of the employees in order to apply for certification.
In a federally regulated workplace, you must haveat least 35% employee support to apply
(iii) The Labour Relations Board will review all membership cards received and determine whether to conduct a supervised vote at the workplace. If the majority votes in favour, the union is certified.
The Federal Labour Code also allows a union to be certified based solely on the membership cards (with no vote) if there is 51% employee support for the union.
How do you know just what union to choose?
The B.C. Federation of Labour has more than 1,100 affiliated union locals. These unions are provincial, national and international in scope and represent members in the private and public sector and trades.
It is in the interest of each group of unorganized workers to join a union with experience and proven effectiveness in representing compatible workers in the same industry, service (public or private) or trade. We can advise you of these unions if you are unsure which organizations represent workers in your type of work.
How do you know just what union to choose?
How do you contact a union?
Contact numbers for unions in your area can usually be found in the Yellow Pages phone directory under "Labour Organizations". You can also access the BC Union Label Committee's Labour Directory of unions in BC and their office phone numbers, or you can e-mail the BCFL Director of Organizing.
Will my exploratory call be confidential?
Yes. The B.C. Federation of Labour will handle all contacts in the strictest confidence and the appropriate union will also assure you of the same confidentiality.
If you want to get more information about joining a union, contact the B.C. Federation of Labour office by emailing us at organize@bcfed.ca or calling 604-430-1421
Dealing with Employer Interference
Labour law prohibits employers from doing certain things to deter employees from joining a union.
Labour law prohibits the following "Unfair Labour Parctises":
- Management threats about job loss, layoffs, loss of benefits because of union.
- Friendly manager's offer of assistance to help workers join the union.
- Leaflets from anti-union employees if they have been copied on machines at work.
- Anti-union employees holding meetings at work.
- Reassigning union supporters to less desirable shift/work area without cause or reasonable business justification.
- Laying off Union supporters without business justification.
- Transferring or firing Union supporters without cause or proper justification.
- Management calling union supporters in for interviews.
- Management intimidating workers by saying she/he knows who's signed cards.
- Anti-union "revocation" cards circulating during work time.
- Management posting or circulating threatening, intimidating or coercive letter or leaflet.
If unfair labour practises occur during an organizing campaign at your workplace, contact your union's representatives as soon as possible.
What An Employer is Permitted to Do
(For more information about this topic, contact organize@bcfed.ca)
- Employers are permitted by law to do the following when employees want to form a union:
- Employers (and that means all management people including supervisors) can tell employees what they think about a union so long as they don't use threats or undue influence.
- Employers can make a pitch for the company or organization and say how good the working conditions are.
- Employers can guess the questions about the union that might be bothering people and give their answers. But they're not supposed to put pressure on workers.
- Employers can give everyone a raise or increase benefits during an organizing drive and some do. (There are restrictions on what an employer can do once the union has applied for a union certificate and also once the union gives notice to bargain the first collective agreement. The rules vary by jurisdiction. Generally the union has to agree to changes, including wage increases.)
- Employers can start to hold monthly, weekly or daily meetings to solve problems.
- Employers can set up a suggestion box.
- Employers can set up a complaint process.
- Employers can provide free coffee and doughnuts for employees.
- Employers can send letters to their employees' homes.
