Card-Based Certification And Unionization In The Construction Industry

The Ontario Labour Relations Board's recent decision in Carpenters', United Brotherhood of Carpenters and Joiners of America v Regional Municipality of Waterloo demonstrates the unique nature of union certification in the construction industry.   The case shows how two individuals who were asked to work on a Saturday, building a small utility shed on municipal property, were successful in certifying the Carpenters' union as the bargaining agent for all carpentry work done by the Region of Waterloo.  

Unlike the organizing campaigns and votes most employers are familiar with, construction unions are provided with the additional option of bringing what is known as a "card-based" application.  A union will become automatically certified if the membership evidence filed in support of the application for certification demonstrates that the union has signed up 55% or more of the bargaining unit employees who were at work on the date of application.  Card based automatic