2 + year CA in force: application can be made within 11th or 12th month of the second or subsequent year BUT more than 10 months before the end within 2 months immediately prior to the end of the term (regardless of how long the CA is) Additional Timeliness Considerations Refusal or Withdraw 57 for 90 days after: board refusal OR withdraw of application Can’t reapply to prevent repetitive certification applications that have little chance of success protects both employers and unions, in context of “raid” Revocation 54(2)(c) If certification has been revoked through decertification vote THAT Union cannot apply for certification over same or substantially same unit with same employer until at least 6 months have passed Repeat applications 1988 AB LRBR Steelworkers v. Handleman United Steelworkers (Local 6034) applied for certification and the Board refused to certify it. One month later, a second local (Local 7226) applied for certification of same group of employees Employer argued that consent was necessary under s. 57 as 90-day period Board’s had not yet expired since first unsuccessful application Held: for union Locals were separate legal entities (Fulowka separate legal entity) – Time limit on certification applications applies to applications by the same union applications by different locals of same union not subject to Absent “mischief” day prohibition 3. Appropriate Bargaining Unit A bargaining unit: group of e/ees who can be grouped together for collective bargaining does not appropriate or bargaining unit mean “the most” “the ideal” The Officer determines whether the unit is appropriate Officer considers: what makes labour relations sense? Board determines who are/are not e/ee AND if they fall under unit Goals of determining appropriate bargaining unit: Encourage collective bargaining and industry stability Create viable, harmonious bargaining relationships
2 + year CA in force: application can be made within 11th or 12th month of the second or subsequent year BUT more than 10 months before the end within 2 months immediately prior to the end of the term (regardless of how long the CA is) Additional Timeliness Considerations Refusal or Withdraw 57 Can’t reapply for 90 days after: board refusal OR withdraw of application to prevent repetitive certification applications that have little chance of success protects both employers and unions, in context of “raid” Revocation 54(2)(c) If certification has been revoked through decertification vote THAT Union cannot apply for certification over same or substantially same unit with same employer until at least 6 months have passed Repeat applications Steelworkers v. Handleman 1988 AB LRBR United Steelworkers (Local 6034) applied for certification and the Board refused to certify it. One month later, a second local (Local 7226) applied for certification of same group of employees Employer argued that Board’s consent was necessary under s. 57 as 90-day period had not yet expired since first unsuccessful application Held: for union Locals were separate legal entities (Fulowka – separate legal entity) Time limit on certification applications applies to applications by the same union Absent “mischief” applications by different locals of same union not subject to prohibition 3. Appropriate Bargaining Unit A bargaining unit: group of e/ees who can be grouped together for collective bargaining does not mean “the most” appropriate or “the ideal” bargaining unit The Officer determines whether the unit is appropriate Officer considers: what makes labour relations sense? Board determines who are/are not e/ee AND if they fall under unit Goals of determining appropriate bargaining unit: Encourage collective bargaining and industry stability Create viable, harmonious bargaining relationships day