Case Study 2: A USWA Organizing Drive at Canada Metals, Winnipeg

To help you understand how the law works to provide an orderly process of union recognition, we have constructed a representative case based on the Manitoba law. The steps in a typical organizing campaign between the United Steelworkers of America and Canada Metals are set out below:

1. Employees of Canada Metals contact USWA. 2. An committee is established and an organizing drive to sign cards in the union begins. 3. An application is made to the labour board, and signed cards are submitted. 4. (i) If the union has more than 40 percent of the bargaining unit but less than 65 percent of the employees signed up, there will be a vote; if a vote is ordered, the union must win 50 percent plus one of the ballots cast. (ii) If the union has more than 65 percent of the cards signed, there is automatic certification without a vote. (iii) If the union is certified, the company and union must bargain in good faith and conclude a collective agreement.

Using the HR thought cycle as a guide, we are able to consistently analyze the case study.

Stage	Analysis
Identification of the case issues:	Employees have the right to unionize in Canada. Provinces may have different requirements for each of the steps that provide an orderly process for union recognition.
Hypothesis:	All of the parties (employees, employer, union representatives) must understand the steps and requirements for union recognition based on provincial requirements.
Identification of legislative issues:	Provincial labour relations acts Canada Labour Code
Risk identification:	If the steps are not followed correctly, charges of unfair labour practices could be filed. Automatic certification of unions in certain sectors Bad faith allegations could be filed. The union recognition process could be unsuccessful, resulting in damaged employment relationships.
Action:	Ensure that all parties understand the steps that must be followed. Determine who will communicate with employees and with the employer to follow the proper steps. Legal counsel involvement is needed to advise the employer appropriately, so as not to incur unfair labour practice charges.
Issue resolution:	Employees make the choice, freely and voluntarily, without coercion or unfair pressure from any parties, to be represented or not to be represented by a union.
HR impact:	HR represents the employer at all times. HR must be diligent in ensuring legitimate rights are followed. HR cannot interfere in any union organizing drive.
Further considerations:	Employees may feel that their interests are not served by existing management/employer practice.
Proactive response:	Union recognition may be an ongoing issue as a result. Employer must revisit its practices and policies for proactive employee engagement.

How would the procedure differ if the province were Ontario, British Columbia, or your province?