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Decertification - General rules for Ontario

Here's where you go if you want to know the process for how to decertify a union in your province, or in the US.
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Decertification - General rules for Ontario

Postby NC » Thu Nov 28, 2013 9:21 pm

Ontario is the most confusing jurisdiction in Canada to apply for decertification. Theis actually not terribly complicated it just has onerous procedures. They are actually pretty good if you make small mistakes and will accommodate errors. That said, they will not tell you how to fill out the forms or answer questions about a specific issue.

The most important thing you need to know is that your employer cannot, in any way, assist you with your application for decertification. The definition of "assist" is very, very broad. If your employer doesn't stop you from using the company photocopier or fax machine the union will allege that your employer supported your application and so committed what is called an unfair labour practice. If your employer commits, or can be proven to have committed an unfair labour practice during your decertification drive the Ontario Labour Relations board will "throw out" your application.

If you have your fellow employees signing your petition in support of the decertification while they are working, or being paid to work, the union will say that your employer was supporting your application by turning a blind eye to the signing efforts in the workplace. Do not sign support evidence while you are working. Before or after work, during a break or on lunch are all okay.

Go back to Decertification – General rules about the process.


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Re: Decertification - Getting the right forms for Ontario

Postby NC » Thu Nov 28, 2013 9:54 pm

THIS IS A WORK IN PROGRESS I have to work on the "Window" Info now.

You can get your forms from either the Ontario Labour Relations Board or right here on LabourTalk. The advantage to getting your forms from the labour board is that you know you have the most up-to-date form because they change every now and again. So, if you are relatively proficient with the computer we recommend you go to the Ontario Labour Relations board website and download the forms. If you would rather have all of the forms in one place you can download them here.

To be clear, the Ontario Labour Relations board does not have petition forms of any type so we have provided them in the package on our site here. If you are going to get the forms from the Ontario Labour Relations Board website then you can download just the petitions from the site here and make your decision about which one you're going to use later.

But, you can't get instructions on how to actually complete the forms… until now…

In Ontario, if you have been reading, you have to choose between construction and non-construction. Right now in Ontario you cannot decertify a construction union and "Right now" is fall of 2013. Unfortunately for anyone working in construction in Ontario the "window" is not open until spring of 2016. There are some very rare cases where you can, but you should call us or do some research if you think you are in your window. It’s complicated but you can figure it out. I certainly hope we have the instructions for decertification in the construction industry up on our website before the construction window opens.

So, you want to decertify your union in Ontario, you don't work in construction, and you know from the thread about "When is my window open?" that you are in an open window for decertification. If you don't know whether your window is open or closed go back and read that section, I put a link in this paragraph.

There are 12 different forms that you need. You can click on each one here and download the PDF directly from the OLRB website, or as mentioned grab the whole lot from our site here or get them one at a time from the Labour Board site:
  • A-06 - Application for Termination of Bargaining Rights under Section 63 of the Act
    A-07 - Response to Application for Termination of Bargaining Rights under Section 63 of the Act
    A-08 - Intervention in Application for Termination of Bargaining Rights under Section 63 of the Act
    A-09 - Declaration Verifying Evidence of Employee Wishes
    A-10 -Confirmation of Posting - Application for Termination of Bargaining Rights under Section 63 of the Act
    C-03 - Notice to Union of Application for Termination of Bargaining Rights under Section 63 of the Act
    C-04 - Notice to Employer of Application for Termination of Bargaining Rights under Section 63 of the Act
    C-05 - Notice to Employees of Application for Termination of Bargaining Rights under Section 63 of the Act
    Information Bulletin #02 -Termination of Bargaining Rights Under Section 63 of the Labour Relations Act
    Information Bulletin #03 -Vote Arrangements
    Information Bulletin #05 - Status Disputes in Termination Applications (Non-Construction)
    Schedule C - Termination (Industrial)
These last two are NOT OLRB Forms, they are LabourTalk forms After you have replenished the paper and you have all the forms on your printer, put everything in their appropriate piles. Most of the stuff has page numbers so it should be fairly easy to end up with 14 piles.

Four of the items are only one page so you can put them in one pile, the A-09, Schedule C Decertification Petition, and Individual Decertification Letter.

So now you should have 11 piles, with the four items above in one pile.

Grab the A-06, A-09, C-03 & the C-4 and go to the next step: “How to fill out the forms”.


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Re: Decertification - General rules for Ontario

Postby NC » Mon Jan 06, 2014 8:57 am

I started this process and just don't have the time to do it all here. We have started working with another website called Take Back Your Union and you can go there and get all of this info.


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