Forming a union is an important, exciting step for any group of employees, but it can also be an intimidating one. That is why it is important to know and understand your rights throughout this process.
Forming a union
In Ontario, there is a straight-forward, two-step process for forming a union. You can learn more about that process here. Ideally, workers sign their union cards, the union files for certification, a secret-ballot vote is conducted, and then, immediately after the voting period concludes, both the workers and their union and the employer would discover the results.
However, sometimes employers will file a variety of different types of legal challenges in response to their staff’s decision to form a union—challenges to their staff’s ability to form a union, to dispute their own status as employer, or to dispute whose vote gets counted. This can create delays between when the votes are cast and when the ballots are counted and results are announced.
It is important to remember, though, that even before the ballots are counted, you have the protection of your union and rights as a worker.
Under the Ontario Labour Relations Act, the minute workers file an application to form a union, the terms and conditions of their employment are “frozen,” and these rights go into effect. These rights remain in place until all parties learn the outcome of the vote or until the first collective agreement is negotiated—however long that takes.
Read on to learn more about your rights.
Your rights in the workplace
You have the right to be free from retaliation by your employer.
This means your employer cannot punish you for forming a union by:
- Laying you off or terminating your employment
- Withholding salary increases or leave time that had been promised prior to union cards being signed
- Reorganizing departments
- Changing other conditions of your employment (i.e. work location, hours)
Your employer is also not allowed to threaten to do any of the above as retaliation for the union vote.
If you are concerned that your employer is either changing the conditions of your employment or threatening to do so, contact contact AMAPCEO Labour Relations Specialist Bushra Mir (mir@amapceo.on.ca) immediately. AMAPCEO can help protect you and ensure your employer is abiding by the law—but only if we know what is happening.
Improvements to your workplace
Some employers claim that the freeze on terms and conditions under the Act means they cannot increase your salary. This is not correct.
An employer can make changes to the terms and conditions of an employee’s employment if they seek and receive the permission of the union first.
Rest assured that AMAPCEO will approve any changes that benefit workers. In fact, we often proactively notify the employer that we welcome any improvements to workers’ compensation or benefits.
If your employer is claiming that they would improve your compensation, but the union is preventing them from doing so, contact AMAPCEO Labour Relations Specialist Bushra Mir (mir@amapceo.on.ca) immediately. We can rectify this misunderstanding and offer you advice.
If you have questions or need help
If you have any questions or need help or even if you are just not sure about an issue in the workplace, please contact AMAPCEO. We will never take action without your permission. We are here as a trusted resource to provide you with advice and guidance, and to advocate for you if you want and need it.
We also encourage you to sign up for email updates from us, so you can receive information on your right and the latest news about City Council staff's efforts to form your union.
Contact us
If you have any questions or need information or support, contact Bushra Mir, Labour Relations Specialist, Membership Services (Organizing), at mir@amapceo.on.ca.