PLEASE NOTE: New Federal legislation that was passed into law on December 16, 2014 came into force June 16, 2015. New procedures were issued on June 17, 2015. Our review of the new procedures has revealed that there are a number of errors in the CIRB instructions and the forms. We have contacted the CIRB to address these errors.
Decertification basically means getting rid of a Union. It happens when a majority of employees no longer support the Union or don't want the Union to represent them. If you can prove this you can decertify the Union. But, there are a few rules you need to follow.
Using our step-by-step instructions, you should be able to apply to the Canada Industrial Relations Board to decertify your Union. If you need help, go to our Contacts pages and get in touch with someone listed there. By the way, others may call decertification "revocation of bargaining rights" or "termination of bargaining rights."
Time Your Decertification
The open time periods are:
Where a collective agreement is in force
- If the Collective Agreement is for 3 years duration, or less: during the last 3 months of the collective agreementor any time after the date the collective agreement expired until a new collective agreement is signed.
- If the collective agreement is for greater than 3 years: during the last 3 months of the third year, during the last 3 months of each year thereafter, or during the last 3 months of the collective agreement.
- If the Employer voluntarily recognized the Union: at any time during the first year of the collective agreement. After the first year of the collective agreement, the timing rules set out in (a) and (b) above apply.
- If a collective agreement is for 3 years or less and if the collective agreement has expired and if a new collective agreement has not been negotiated, a decertification application may be filed.
Where a collective agreement is not in force
- If it has been 1 year since the Union was certified by the CIRB, and if the Board is satisfied that the Union has not made reasonable efforts to reach a collective agreement.
If an unsuccessful application has been made within the past 6 months
- If the Board dismisses an Application for Revocation, no new application may be made for a period of six months.
Get the Forms
You must make your application in writing and provide certain information. Because the Board does not provide a Form for employees to use to show that they do not support the Union, LabourWatch provides one for you to use.
In order to prove most of your coworkers don't support the Union, you need to collect their names and signatures. Use the Individual Decertification Form provided by LabourWatch. It accompanies these instructions as a link at the bottom of this page and as part of the PDF download.
Here is a list of all the forms from the Board that you will need:
- An Application for Revocation.
- A Vote Arrangements Form.
- A Certificate of Accuracy Form.
- A Declaration of Service.
- A Notice to Employer (Revocation).
- A bilingual Notice to Employees Form.
- A Certificate of Posting Form.
- A copy of the Board’s Rules of Procedure for Revocation.
This is the form from LabourWatch that you will need:
- Individual Decertification Form.
All of the forms that you need are in the links at the bottom of this page and also as a part of the PDF download.
The forms are also available at the CIRB website.
To succeed, you may have to show that your Employer wasn't involved in decertifying the Union. So, you should make sure that:
- It was not your Employer’s idea to start the application and that management was not involved with the application.
- No one from management offered anyone any reward or benefit for starting or continuing the application.
- No one from management threatened anyone, if they would not support the application.
- You have not been led to believe your application will be funded in whole or in part by your company.
Finally, if you can, try to get more signatures on Individual Decertification Forms than the minimum of 40%. Many things could happen to affect whether or not you have the right numbers. For example, there is always a possibility that someone resigns or is fired the day before your application goes in that you may not even know about. Finally, the more support you have on paper when applying the better chance you have of winning a vote, if you get to have one.
You will need to collect the names and signatures from the Unionized employees in the bargaining unit who support decertifying the Union. Employees should be signing off on the fact that they no longer want the Union to represent them and that they authorize you to bring an application for decertification on their behalf. You will have to collect signatures from employees totalling at least 40% of the bargaining unit. By the way, you may have to prove the signatures were given "freely" and "voluntarily."
When planning to gather signatures, you may want to consider a standard Union approach: gather first from fellow employees who you know or who you think want to decertify the Union, then ask employees who you think could go either way or you just don’t know. You may want to leave the Shop Stewards, Bargaining Committee members and other known Union supporters until last or not approach them at all if you can at least get a vote without talking to them. Union supporters and the Union will have time to campaign to keep the Union before any vote.
Make sure signatures are not being gathered during working hours; however, they can be collected when you and the person signing are on break or before or after work. Also, make sure everyone who is signing the document is given a chance to read it first.
The signatures you gather in support of your decertification application are only good for six months so if you do not get your application filed before then you may have to go back and get the Individual Decertification Forms re-signed.
Prepare the Forms
To properly complete your application form to become Union-free, you will need to collect or prepare the following information:
- The name, address, email address, fax number and phone number of the applicant, your contact person, the Union and the Union representative, and your Employer and your Employer’s representative.
- The date the Union was certified and the certificate number, if known (check with the CIRB).
- Approximate number of employees in your bargaining unit.
- A description of your bargaining unit (see your collective agreement).
- The start date and expiry date of your collective agreement.
- Information about any orders or decisions made by the CIRB relating to the decertification application.
You will complete the following forms:
- An Application for Revocation.
- An Applicant Vote Arrangements.
- A Certificate of Accuracy.
- A Declaration of Service.
Deliver the Forms
To the Union and the Employer
Both the Union and the Employer receive a copy of the Application Form and what is called “A Revocation Package”. It consists of the following documents and must be assembled in the sequence shown below. Note that some of the forms are sent to the Union and Employer as blank forms:
1. A copy of the completed Application for Revocation (4 pages)
2. A Notice to Employer (Revocation) (2 pages)
3. A blank bilingual Notice to Employees form (2 pages; 1 page in English and 1 page in French)
4. A copy of the Applicant’s completed Vote Arrangements form (1 page)
5. A blank Vote Arrangements form and instructions (1 page form, 2 pages of instructions)
6. A blank Certificate of Posting form (1 page)
7. A copy of the Board’s Rules of Procedure called “No 2 - Applications for Revocation” (5 pages)
To the Board
You can send your decertification documents (your application and Individual Decertification Forms) by hand-delivery or courier. You MUST send originals of your application and other forms, and your Individual Decertification Forms to the Regional Office of the Canada Industrial Relations Board (CIRB) that looks after your part of Canada. You may also want to call the Board to ask what office to submit to.
1. The completed Application for Revocation (4 pages)
2. A completed Vote Arrangements form (1 page)
3. A completed Certificate of Accuracy form (1 page)
4. A completed Declaration of Service form (1 page)
The rules state that the delivery of the packages to the Union, the Employer and the CIRB should all happen on the same day. In conversation with the CIRB we have been informed that the CIRB recognizes that this might not always be possible. It is not critical to your Application if it is not all on the same day, however, it is desirable to follow the rules as closely as you can.
1. Deliver the package to the Union. Can be by fax, by hand delivery, or by courier.
2. Deliver the package to the Employer. Can be by fax, by hand delivery, or by courier.
3. Complete the Declaration of Service with the date and time of delivery to the Union and Employer.
4. Deliver the package to the CIRB office, including the Declaration of Service.
Once the CIRB gets your application, it will contact the Union and your Employer to inform them about your application. If the Union or the Employer have any concerns, they can send them to the Board. Unions quite often write the Board to say that there is or might be Employer involvement. In the end they will have to provide some evidence or try to get the Board to hold a hearing and ask employee and Employer witnesses questions under oath.
The Board will review your application. The Board almost always looks at the "voluntariness" of applications. It'll look to see if your Employer was involved in any way. If the Board has concerns, your spokesperson will have to address them at a hearing.
If no objections are received, the hearing can be canceled. But, if there is hearing the Board will contact you to find out how many witnesses you'll call and about how long they will each talk.
If the Board agrees your application was voluntary, it was made at the right time and enough employees support it, the Board will call a secret ballot vote of all employees. If a majority of employees vote for decertification, your application will be successful and the Union will be decertified.