New Bill to Require Representation Vote Prior to Certification in All Cases

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On May 1st, 2013, Bill 62, the Defending Employees’ Rights Act (Certification of Trade Unions), 2013 passed its first reading. The Bill would amend Ontario’s Labour Relations Act, 1995 to prohibit the Ontario Labour Relations Board from certifying a union as a bargaining agent for employees unless a representation vote has been held among the participating employees. Currently, the Board may certify a union without a vote if:

  • it finds that the employer contravened the Act during the certification process and no other remedy would be sufficient; and
  • in the construction industry, if more than 55 percent of employees are union members.

We will keep readers apprised of the progress of this proposed legislation.