To decertify a union in Ontario, employees must gather signatures from at least 40% of the bargaining unit demonstrating they no longer want union representation. This application can only be filed during a strict, narrow legal timeframe known as the “open period.” Crucially, the employer is legally forbidden from assisting, funding, or initiating this process in any way.
Understanding Union Decertification in Ontario
While trade unions play a vital role in negotiating fair wages and protecting workers, sometimes the relationship turns sour. Employees in Toronto, Mississauga, or London might feel their union is unresponsive, charges excessive dues without providing value, or no longer represents the changing culture of the workplace. When this happens, workers have the democratic right to remove the union.
In Ontario labour law, the process of removing a union is officially known as an “Application for a Declaration Terminating Bargaining Rights,” commonly called decertification. 📑 This process is strictly governed by the Ontario Labour Relations Act (OLRA) and overseen by the Ontario Labour Relations Board (OLRB). It is not as simple as handing management a petition; it is a highly regulated legal procedure that culminates in a government-supervised secret ballot vote.
For business owners and managers reading this, there is one absolute, non-negotiable rule: management must stay completely out of it. If an employer suggests decertification, helps employees print forms, allows them to gather signatures on company time, or pays for their independent lawyer, the OLRB will instantly dismiss the application for employer interference. Employees must drive this initiative 100% on their own time and with their own resources.
Step-by-Step Process to Decertify a Union
Decertifying a union is a massive undertaking that requires flawless timing and organization from the employees. Here is the strict legal process required by the OLRB.
Step 1: Determine the ‘Open Period’
You cannot simply file to remove a union whenever you are upset. 📅 You must wait for the “open period.” If your collective agreement is valid for three years or less, the open period is strictly the last two months (60 days) of the contract’s term. If your contract is longer than three years, the open period occurs during the 35th and 36th months, and again during the final two months. Missing this window by a single day means your application will be dismissed.
Step 2: Collect Evidence of Employee Support
An employee acting as the applicant must gather written evidence that the workforce wants the union gone. 🖊️ This is typically done through a petition or individual signature cards. The document must explicitly state: “We, the undersigned employees of [Company Name], no longer wish to be represented by [Union Name].” Signatures must be gathered completely off-duty (before work, after work, or on unpaid breaks) and without management present.
Step 3: Reach the 40% Threshold
To force a formal vote, you must secure valid signatures from at least 40% of the employees in the specific bargaining unit. The OLRB will compare these signatures against an employee list provided by the employer. If you submit 39%, the application is dead. It is highly recommended to aim for 60% or more to account for potential errors, turnover, or illegible signatures.
Step 4: File the Form A-6 Application
During the open period, the applicant employee must officially file a Form A-6 (Application for Termination of Bargaining Rights) along with the original signed petition to the OLRB. Simultaneously, exact copies of the application (excluding the confidential signatures) must be formally delivered to the union leadership and to the employer.
Step 5: The Secret Ballot Vote
If the OLRB verifies that the 40% threshold has been met and there is no evidence of employer interference, they will order a secret ballot vote. 🗣️ This usually happens within five to eight business days. A provincial returning officer will conduct the vote. To successfully decertify the union, more than 50% of the employees who actually cast a ballot must vote “No” to union representation.
How Much Does the Decertification Process Cost?
Employees leading a decertification drive are taking on a serious legal battle, usually against a well-funded union legal department. 💰 Financial planning is essential.
- OLRB Filing Fees: The Ontario Labour Relations Board does not charge a fee to file a Form A-6 Termination Application. It is $0 (Free).
- Independent Employee Lawyer: Because the union will heavily scrutinize the petition for errors or employer involvement, the applicant employees frequently hire their own labour law firm. Retainers usually range from $3,500 to $10,000+ CAD.
- Who Pays?: Employees must fund this themselves. They can pool their money, but they absolutely cannot accept a “bonus,” a loan, or a secret cheque from the employer to cover these legal fees.
The Open Period Timeline Matrix
| Length of Collective Agreement | When is the Open Period? |
|---|---|
| 1 to 3 Years | Only during the final two months (60 days) of the contract. |
| More than 3 Years | During the 35th and 36th months of the contract, and the final two months. |
| No Agreement Reached (First Contract) | One year after the union was originally certified by the OLRB. |
How Long Does the Vote Take?
The OLRB moves incredibly fast to prevent workplace disruption and union intimidation. Once a complete and valid Form A-6 application is filed during the open period, the board typically orders and conducts the secret ballot vote within 5 to 8 business days. If the vote is successful (50% + 1 vote against the union), the OLRB will issue a formal declaration terminating the bargaining rights shortly thereafter.
Frequently Asked Questions (FAQ)
Can an employer answer questions about decertification?
It is extremely risky. If an employee asks management how to remove the union, the only safe response is: “We cannot legally discuss this or assist you. You must contact the Ontario Labour Relations Board or seek independent legal advice.” Providing forms or guidance is considered unlawful interference.
Will the union know who signed the petition?
No. The OLRB treats the petition and the names of the supporters with the utmost confidentiality. The union leadership and the employer will see the total number of signatures submitted, but they are never permitted to see the actual names of the employees who signed.
What happens to our wages if the union is decertified?
Once the union is legally decertified, the collective agreement becomes void. Your employment terms revert to individual employment contracts. While employers rarely slash wages immediately to maintain morale, you lose the contractual protection of the union, and the employer can technically alter terms subject to standard common law notice.
Can the union fight the decertification application?
Yes, fiercely. The union will almost always file a response arguing that the signatures were obtained through employer intimidation, threats, or on company time. If the union provides credible evidence of interference, the OLRB will hold a full hearing and may throw out the entire application.
What if another union wants to take over?
This is called a “raid.” During the exact same open period, a different trade union can swoop in, collect signatures from the employees, and apply to the OLRB to “displace” the current union. This will trigger a vote where employees choose between Union A, Union B, or No Union.
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