Employees’ Voting Rights Act Significantly Changes Federal Labour Relations

The Employees' Voting Rights Act (the "EVRA") significantly changes the way in which unions gain and lose bargaining rights in the federal sector in Canada. Federal labour relations law applies to a variety of sectors including the federal public sector, banking, inter-provincial and international transportation, broadcasting, telecommunications and aeronautics. The EVRA will become effective on June 16, 2015.

Traditionally, a trade union in Canada could become certified by a labour relations tribunal by providing written evidence that it represented a majority of employees in a bargaining unit (i.e. a group of employees found to be appropriate for collective bargaining). The written evidence often took the form of membership cards. In some jurisdictions, more than a bare majority was required. Secret ballot votes were required in certain cases where the union could not demonstrate sufficient support on the basis of membership evidence alone. Votes were relatively