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ARTICLE · 27 NOVEMBER 2019

Temporary Workers And Union Certification In Ontario's Construction Industry

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Given the significant impact imposed upon a business' bottom line and ability to manage the workplace, non-union construction industry employers must remain vigilant ...

CanadaEmployment and HR
Damien Buntsma
Damien Buntsma
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Given the significant impact imposed upon a business' bottom line and ability to manage the workplace, non-union construction industry employers must remain vigilant to the threat of union certification. This is especially true when employers make use of temporary workers on a day-to-day basis, as this may increase the risk of union certification.

Union Certification Background

As previously discussed in Breaking Ground, in the construction industry, after a union submits signed union cards showing that 40% of employees in a proposed bargaining unit support the union, the Ontario Labour Relations Board ("OLRB") will order a secret ballot vote. If a majority (50% plus one vote) of ballots cast are in favour of unionization, then the Board will certify the union as the employees' exclusive bargaining agent.

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