Union certification is the procedure by which a union gains the
right to exclusively represent a group of employees in negotiations
with an employer. The Labour Relations Act, 1995, S.O.
1995, c.1, Sched. A ("LRA") governs the union
certification process in Ontario.
In most industries, after a union submits signed union cards
showing that 40% of employees in a proposed bargaining unit support
unionization, the Ontario Labour Relations Board (the
"Board") will order a secret ballot vote. If a majority
(50% plus one vote) of ballots cast are in favour of unionization,
the Board will certify the union as the employees' exclusive
bargaining agent.
In Ontario's construction industry, however, union
certification may occur without a vote taking place. Instead,
unionization can be achieved by way of "card-check
certification"; if a union is able to show that more than 55%
of the employees in the bargaining unit have signed union cards in
support of unionization, the
