Revocation of Bargaining Rights
If employees are dissatisfied with the trade union that represents them, whether the union's bargaining rights arise from certification or from voluntary recognition by the employer, they can apply to have that union's bargaining rights revoked. They may then bargain individually with the employer or select a different union.
A revocation application must be the employees' choice, freely made without any interference from the employer.
The employees submit a petition to the Board expressing their wishes and giving the name of the employer and of the trade union, and the names and signatures of those employees who want to have the union's bargaining rights revoked. The Board keeps the identity of the petitioning employees confidential.
A Board officer will do an investigation and report to the Labour Relations Board whether the petition appears to be voluntary. Before a vote can be held, the Board must also be satis fied that 40 per cent of employees in the bargaining unit support the application to make the change.
An application for revocation, like an application for certification, can be made only during those periods when the union's bargaining rights are not protected (that is, during the window periods as described in the previous section on certification). The Board's consent is needed to make an application during a strike or lockout (Section 52(1)). If the employee petition is in order, the Board will conduct a representation vote. A majority of those voting must vote for the change before the Board will revoke the bargaining rights of the trade union (Section 58(1)).
If the Board grants revocation, any collective agreement that had been in force is no longer binding on any of the parties. The employer and the individual employees are then left to negotiate or amend terms of employment with each other directly. The union affected by the revocation may not apply to be recertified or enter into a collective agreement for that bargaining unit for six months from the date of revocation (Section 54(2)).
You guys have to get this started now. Go to your work place and find someone who is willing to do this. Also you need to get a lawyer but can not use Telus resources to do it. Everyone should donate to a fund, a lawyer fund of some kind. Once the union is out and another is in, or the employees can use the lawyer to negotiate thier own contract, if they choose. The time is now. Once people hear that this is happening. They will get in contact to sign. I am recieving emails from TWU Democracy and they would like to get a petition started. They are on the line and not happy about it.
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