The process
In Ontario, the process of forming a union is a straightforward, two-step process. Read on to learn more about this process, or jump to what’s next for Office of the Auditor General of Ontario employees.
Step one: Card signing
The law requires that at least 40% of eligible employees in a workplace sign union membership cards to signify their support for the union to represent them. However, AMAPCEO never requests to move to a vote until there is a significant majority who have signed cards.
Your employer does not know who has signed a card.
This step has already occurred—see the update from May 27 for more details.
Step two: Secret ballot vote
Once these cards are signed, they are confidentially submitted to the independent Ontario Labour Relations Board (OLRB) as evidence that there is sufficient support for unionization and as an official application to form a union. This triggers the OLRB to conduct a secret-ballot certification vote for your workplace—a vote that requires the approval of a majority of those voting. The ballots are counted securely by the OLRB and the employer never has access to them.
The vote has been scheduled—see the update from June 1 for details.
The only way your employer would learn about how you voted is if you chose to make that information public.
Both card signing and certification votes happen online or over the phone, making the whole process safe and secure.
Once an application for union certification is filed with the OLRB (Step one above), there is a "freeze" on your current terms and conditions of employment that lasts throughout the time it takes to negotiate a first collective agreement—in other words, during the certification/bargaining process, your employer cannot unilaterally change your working conditions to retaliate against you for unionizing.
This has already occurred with the filing of the application on May 27—see the update for more details.
If the secret ballot vote is successful (Step two), you are officially unionized! It is important to note, though, that you do not pay membership dues until you and your coworkers have negotiated your first collective agreement. There are no retroactive dues for this time period and no initiation fees
Where we are now
On Friday, May 27, employees at the Office of the Auditor General of Ontario filed an application with the Ontario Labour Relations Board (OLRB) for union representation with AMAPCEO.
The OLRB conducted the secret ballot vote from Monday, June 6 at noon ET to Tuesday, June 7 at noon ET. The results of that vote were 39 votes in favour of unionization and 54 against.
What’s next: the fight continues
The behaviour of the employer throughout this campaign was inappropriate, unjust, and unlawful. AMAPCEO is actively in conversation with its legal counsel about the unfair labour practices OAGO employees were subject to throughout the past ten days, and the impact of those practices on the results of the vote.
Additionally, the results of the votes cast by the employees in positions whose inclusion in the bargaining unit were contested by the employer remain uncounted, as the Ontario Labour Relations Board has yet to make its ruling on the inclusion of these employees. AMAPCEO will keep OAGO employees informed of these developments as soon as they happen.
What can I do?
AMAPCEO has reiterated that they remain committed to a better workplace for OAGO employees, and will do everything in their power to ensure accountability, fairness, and due process for all.
Stay signed up to the OAGO union mailing list for updates on the outcome of these processes.
If you have any questions or even concerns about forming a union with AMAPCEO, or if you just need more information, contact us at amapceo@amapceo.on.ca.