Background. The OLRB can certify a union without a vote if the employer has contravened the LRA in a way that makes it unlikely that the true wishes of the employees can be ascertained.

The certification of a union as the exclusive bargaining agent for employees marks a fundamental change in the employer-employee relationship. As a unionized employer you are no longer at liberty to negotiate individually with your employees concerning the terms and conditions of employment. These terms and conditions will be enshrined in a collective agreement, which operates as a binding contract between the employer and the union, on behalf of the employees.

Common questions posed by both employers and employees are, "What support does a union need in order to file a successful application for certification?" and "How does the union demonstrate that support?"

In short, if a union can demonstrate that at least 45 per cent of the employees in a proposed bargaining unit are in favour of being represented by that union, then it may apply to the Labour Relations Board (LRB) to be certified to represent that bargaining unit. The union will record this support by asking employees to sign membership cards. But this is just the first step.

The board will order that a secret ballot vote be conducted only if membership cards show support of at least 45 per cent of the unit. This vote must be conducted within 5 business days of the application for certification. The board may order that another representation vote be conducted if fewer than 55 per cent of employees in a unit cast votes in the initial ballot.

The application will proceed to a hearing before the board very quickly, usually within seven days of the application for certification.

Decisions are usually made promptly. The decision will be either to dismiss the application, or order that the vote be counted. During the hearing, which is normally brief and very straightforward, the board will pose three questions:

• Is the applicant a trade union as defined in the Labour Relations Code?
• Is the group of employees an appropriate unit for collective bargaining?
• Does the applicant trade union have the necessary membership support for a vote to be held?

If the answer to each of these three questions is yes, the board will order that the secret ballot representation vote be counted. If the majority of valid votes cast are in favour of the union, then the board will certify the union as the exclusive bargaining agent for employees in the unit.

question: what do you think of the auto certification power of the Board?