How to apply for decertification of a union - from BC Labour Relations Board new website

To apply for decertification:

Only the Board will see who has signed the Form 33As. The Board will keep the names of the employees who have signed those forms confidential. The Board will also keep the name or names of the applicant confidential. On documents you will be called Certain Employees. This information is not shared with the union and employer. The applicant by name only becomes known if there is a Board hearing.

GENERAL LABOUR BOARD NOTES FROM PAST BCLRB POSTINGS:

Applications, submissions or other documents received by the Board after 4:00 p.m. will be treated as if received at 8:00 a.m. the next business day, unless special arrangements have been made in advance with the Registrar, Deputy Registrar or Case Administrator.

Where the Board is closed on a statutory holiday and on weekends. Any new applications filed on such days will be treated as received at 8:00am the next business day. If a Code time limit for filing an application, or a deadline for submissions, falls on a weekend or statutory holiday, the application or submission must be filed with the Board on the next business day.

The Labour Relations Board now accepts applications by email. Attach your application form and decertification cards signed by employees to an e-mail. If submissions are ever required after you apply they can also be done via e-mail. Place the appropriate word "Application" or "Submission" in the subject line of the e-mail, along with any relevant case numbers (if known for submissions) so it can easily be identified. Once the e-mail is received at the Labour Relations Board an auto-reply will automatically be sent back to the user acknowledging receipt of the correspondence. If you don't receive the auto-reply acknowledgement within a few minutes you must follow up with a phone call to the Labour Relations Board Reception at 604 660-1300. Explain the situation and you will be connected with the Registry Mail Clerk for follow up. Emails will be accepted at registrar@lrb.bc.ca.

Introduction

Decertification means getting rid of a union. If a majority of employees no longer wish to be represented by a union, they can apply for a cancellation of the union's certification. However, you must carefully follow the rules of the BC Labour Relations Code and of the British Columbia Labour Relations Board - the "Labour Board".

Using our step by step instructions, you should be able to make an application that satisfies the rules. If you need help, go to our "Contacts" pages and get in touch with someone listed there.

In British Columbia, decertification is often called "cancellation of certification" or "revocation of bargaining rights". There are two types of decertification, with different forms and rules, Partial Decertification, and Full Decertification. Use this package if you are trying to decertify your entire bargaining unit - all of your unionized workplace or workplaces if your Collective Agreement covers more than one workplace. Use our Partial Decertification package in our Download section if you are only decertifying part of your bargaining unit or some but not all of your unionized workplace(s)

Time your "Full" Decertification

You cannot apply for Full Decertification until 12 months after the union first unionized your workplace(s).

If a previous Decertification was refused by the Labour Board because you and/or your employer committed an unfair labour practice, you probably also have to wait another 12 months.

Get the Forms

You must make an application for decertification in writing so you must use two Labour Board forms: one "Form 33" and a number of "Form 33A" forms.

Each employee who supports your application must fill out a Form 33A and sign it, as proof that they support the application. Make sure that each form is dated and uses the correct, full name of the union and your employer.

You must collect a 33A from at least 45 per cent of the employees in the group that you want to decertify.

The organizer for your application completes a Form 33 and sends it to the Labour Board along with all the original 33A forms. Keep copies of each though, for your records.

You must determine how many employees are in the bargaining unit that you wish to decertify. It is a good idea to have as many forms as possible, since there can often be a dispute about how many employees are included in the group, for example, an employee on maternity leave, or sick leave, or layoff usually counts. So, try to collect more than 45% in case there are issues with someone's employment status or 33A - this way you reduce the risk of the application being rejected because you had less than 45% because some were rejected.

You can get these forms from our decertification download or from the LRB web site under "Forms".

Remember to keep a copy of everything that you submit to the Labour Board for your records.

Avoiding Mistakes

The forms for decertification must be filled out fully and accurately.

• You must use the full, correct name of the union.
.
• You must have each employee date the 33A at the same time as it is signed.
• The application will fail if it is determined by the Board that it was unlawfully promoted or assisted by the employer. Unions sometimes claim the employer was involved at first even if they have no evidence – hoping to get some when required of the union by the Board – IF they want to challenge your application. But they have to have a certain level of proof to get a Hearing.
• It is better if you do not approach employees to sign on employer premises during working hours-but lunch or breaks are okay and of course, before or after work.
• It is better if you do not use an employer computer photocopier and it is best not to use the employer e-mail system.
• Things like the above help unions claim that the employer supported your application.
• The employer is not allowed to make promises or offer rewards if a decertification is successful.
• The employer cannot offer to pay legal fees on your behalf.
• You should avoid discussing your application with management and do it on your own.

If you need help, consult our web site or ask for advice from someone who does not work for your employer. You can ask a lawyer for legal advice, if necessary, but the lawyer should be aware that there is a Labour Board case law that suggests employer funding may not be lawful and has led to the Board throwing out some past applications. Hopefully, the instructions on this web site are all that you will require.

Build Support

You should not use threats or promises or unlawful pressure to get fellow employees to sign a Form 33A. You should think of one or two good reasons why you believe the union should be decertified. A businesslike and friendly approach works best. Remember, once more than 45% of your group sign a 33A and you file your Application, there will hopefully be a secret ballot vote, supervised by the Labour Board, where every unionized employee may vote in private. Not everyone who signs a 33A will necessarily vote for decertification, but some who are reluctant to sign a form33A may vote for decertification in the secret ballot vote.

Check your collective agreement and read the section or definition about "bargaining unit." This is often called the "Recognition" or “Scope” clause and is usually located near the beginning of the collective agreement. You will need to collect a Form 33A from at least 45% of the group mentioned in that definition.

You should also remember that it is possible that you may have to prove the signatures on the 33A's were given "freely" and "voluntarily”.

As mentioned above, people who support your application should not sign a 33A when they are working - they must be on a break during work or do it before or after work. The reason is that you are supposed to be working. If the employer knows it is happening on working time and does nothing, the union might accuse the employer of supporting the decertification by "turning a blind eye" to your efforts during work time suggesting that the employer wants everyone to know they support the decertification campaign.

Check the dates on the Form 33A for every person as they sign because the Labour Board will check the dates. An undated or incorrectly dated form 33A will not count.

Prepare the Forms

As mentioned above, each Form 33A must be signed and dated by the employee who supports the application. You must use the full, correct name and local number of the union. You can use the name on the collective agreement, or on the official Labour Board Certificate (if there is one you can get). If in doubt, phone the Labour Board and ask for the correct name from their records if the union was certified by the Board. If the union was voluntarily agreed to by the employer – the Board may not know that and there will not be a certificate.

After you have collected your signed form 33A's, you will fill out the form 33. The first thing you will be asked is to name yourself (or another supporter) as the "representative" for the employees seeking decertification. You can tick off a box if you want your name to remain confidential.

The form then asks you for:

• The name, address and contact information for your employer and the union.
• The number of employees who have signed a 33A.
• The number of employees in the bargaining unit that you are applying to decertify.
• Our download includes an additional page that asks for an electronic vote. In addition, there is a blank text box on the Form 33 Additional Page that is for anything else you may want to convey to the Board with your Application.

You have to pay the Labour Board fee of $100 by phone. Your employer cannot pay this for you.

The Form 33 asks for information about your bargaining unit. If you need help, you can ask the Labour Board for a copy of your collective agreement or your certification. It saves time if you partially complete the "blank" 33A's with ONLY the full, correct union name and local along with your employer's full and correct name before making copies and having them signed. This also makes sure that no one makes a mistake when they are completing their 33A because the union and employer name are already on the copies you made. Do NOT fill out the date beforehand, this could lead to the form 33A being rejected and reducing your ability to achieve 45% support.

Deliver the Forms

Current procedure since email is implemented as a means to submit an Application:

Former procedure before email was implemented as a means to submit an Application:

Once you have gathered form 33As from more than 45 per cent of your group, and you have filled out the form 33, you must take all the originals, and a copy of your collective agreement (if the union and the employer have negotiated one) to:

British Columbia Labour Relations Board
Suite 600, Oceanic Plaza
1066 West Hastings Street
Vancouver, British Columbia
V6E 3X1

It is better to do this in person, although you can use regular mail or a courier. The advantage of going in person is that a Labour Board official may go over your form and you can correct any errors.

Conclusion

Once the Labour Board gets your application, it will check for mistakes. If everything is okay, they will accept your application and send a notice to the union and your employer, notifying them that a group of "Certain Employees" has applied for decertification. The union and the employer will be given time to make a written submission either opposing or supporting the application.

The notice from the Labour Board will schedule a hearing at the Board office. The Labour Board will also schedule a secret ballot vote of all employees, also to be held within 5 business days.

It is important that you, or a representative of your group, attends any Labour Board hearing which this Board sometimes may do by phone conference call or video call. If you cannot attend, you must phone the Labour Board and give a good reason why you cannot be there or try to find someone who knows your situation to attend for you. If there is no opposition to your application at the hearing, the Labour Board will order the vote to proceed as scheduled, and to be counted.

If there is opposition to your application (for example, if the union complains that your employer improperly supported your application) then the Board will order that the vote proceed, but the ballot box will be sealed until the dispute is resolved or dropped. The Labour Board will ask the union, the employer, and you for written submissions and may even hold another hearing so that witnesses can be called, and arguments can be made. The Labour Board will then review the objections - if it upholds the objections, your application will likely be dismissed; if the objections are overruled, then the vote will be counted. If the majority of employees who vote are in favour of decertification, the certification of the union will be "varied" under section 33 of the Labour Relations Code. If the majority vote to keep the union, or if there is a tie, the certification will not be changed.

One last important point: you must carefully read the "question" on the secret ballot and inform your supporters accordingly. The ballot does NOT ask if you are in favour of decertification. Rather, it asks if you wish the union to remain as your certified bargaining agent. So the answer, if you are in favour of decertification, is "NO".

You can download the entire decertification package including all forms, and these instructions from our downloads section. If you only need one specific form you will find them below.

How to apply for decertification of a union - from BC Labour Relations Board new website

To apply for decertification:

Only the Board will see who has signed the Form 142As. The Board will keep the names of the employees who have signed those forms confidential. The Board will also keep the name or names of the applicant confidential. On documents you will be called Certain Employees. This information is not shared with the union and employer. The applicant by name only becomes known if there is a Board hearing.

GENERAL LABOUR BOARD NOTES FROM PAST BCLRB POSTINGS:

Applications, submissions or other documents received by the Board after 4:00 p.m. will be treated as if received at 8:00 a.m. the next business day, unless special arrangements have been made in advance with the Registrar, Deputy Registrar or Case Administrator.

Where the Board is closed on a statutory holiday and on weekends. Any new applications filed on such days will be treated as received at 8:00am the next business day. If a Code time limit for filing an application, or a deadline for submissions, falls on a weekend or statutory holiday, the application or submission must be filed with the Board on the next business day.

The Labour Relations Board now accepts applications by email. Attach your application form and decertification cards signed by employees to an e-mail. If submissions are ever required after you apply they can also be done via e-mail. Place the appropriate word "Application" or "Submission" in the subject line of the e-mail, along with any relevant case numbers (if known for submissions) so it can easily be identified. Once the e-mail is received at the Labour Relations Board an auto-reply will automatically be sent back to the user acknowledging receipt of the correspondence. If you don't receive the auto-reply acknowledgement within a few minutes you must follow up with a phone call to the Labour Relations Board Reception at 604 660-1300. Explain the situation and you will be connected with the Registry Mail Clerk for follow up. Emails will be accepted at registrar@lrb.bc.ca.

Introduction

Decertification means getting rid of a union. If a majority of employees no longer wish to be represented by a union, they can apply for a cancellation of the union's certification. However, you must carefully follow the rules of the BC Labour Relations Code and of the British Columbia Labour Relations Board - the "Labour Board".

Using our step by step instructions, you should be able to make an application that satisfies the rules. If you need help, go to our "Contacts" pages and get in touch with someone listed there.

In British Columbia, decertification is often called "cancellation of certification" or "revocation of bargaining rights". There are two types of decertification, with different forms and rules, Partial Decertification, and Full Decertification. Use this package if you are trying to decertify your entire bargaining unit - all of your unionized workplace or workplaces if your Collective Agreement covers more than one workplace. Use our Partial Decertification package in our Download section if you are only decertifying part of your bargaining unit or some but not all of your unionized workplace(s)

There are two types of Partial Decertification.

1 - The First, if your bargaining unit includes employees at several geographic locations, you may be able to decertify the union at only one location (or a number of locations but less than the whole bargaining unit).

You have a better chance of Partial Decertification if your location is independent of the other locations, particularly if the union "added" your group into an existing larger bargaining unit by what is called a "variance" of the certification. If that is the case, you are asking for a "variance" to get out, just like the union applied for a "variance" to get your group included.

2 - The Second, if your bargaining unit is at one geographic location, but includes different groups, for example office and sales employees are included in the same bargaining unit as the warehouse or plant employees. It is very difficult to obtain "partial decertification" in this situation.

For example, if the sales employees wanted to decertify from the rest of the group, they would have to prove that they are a separate and distinct group from the other employees and that there is no "functional integration" with those other employees.

There are very few cases like this and you would probably have to get expert legal advice before attempting this kind of "partial decertification." It may be easier to persuade a majority of the whole bargaining unit to apply for a "full decertification."

If you want to decertify the whole bargaining unit, use our Full Decertification in the Download section.

Timing your "Partial" Decertification

You cannot apply for Partial Decertification until 12 months after the union months after the union first unionized your workplace(s).

You cannot apply for Partial Decertification if the union has given "notice to bargain" to your employer or during the time that the union and the employer are in bargaining.

If a previous Decertification was refused by the Labour Board because you and/or your employer committed an unfair labour practice, you probably also have to wait another 12 months.

Get the Forms

You must make an application for decertification in writing so you must use two Labour Board forms: one "Form 142" and a number of "Form 142A" forms.

Each employee who supports your application must fill out a Form 142A and sign it, as proof that they support the application. Make sure that each form is dated and uses the correct, full name of the union and your employer.

You must collect a 142A from at least 45 per cent of the employees in the group that you want to decertify.

The organizer for your application completes a Form 142 and sends it to the Labour Board along with all the original 142A forms. Keep copies of each though, for your records.

You must determine how many employees are in the bargaining unit that you wish to decertify. It is a good idea to have as many forms as possible, since there can often be a dispute about how many employees are included in the group, for example, an employee on maternity leave, or sick leave, or layoff usually counts. So, try to collect more than 45% in case there are issues with someone's employment status or 142A - this way you reduce the risk of the application being rejected because you had less than 45% because some were rejected.

You can get these forms from our decertification download or from the LRB web site under "Forms".

Remember to keep a copy of everything that you submit to the Labour Board for your records.

Avoiding Mistakes

The forms for decertification must be filled out fully and accurately.

• You must use the full, correct name of the union.
.
• You must have each employee date the 142A at the same time as it is signed.
• The application will fail if it is determined by the Board that it was unlawfully promoted or assisted by the employer. Unions sometimes claim the employer was involved at first even if they have no evidence – hoping to get some when required of the union by the Board – IF they want to challenge your application. But they have to have a certain level of proof to get a Hearing.
• It is better if you do not approach employees to sign on employer premises during working hours-but lunch or breaks are okay and of course, before or after work.
• It is better if you do not use an employer computer photocopier and it is best not to use the employer e-mail system.
• Things like the above help unions claim that the employer supported your application.
• The employer is not allowed to make promises or offer rewards if a decertification is successful.
• The employer cannot offer to pay legal fees on your behalf.
• You should avoid discussing your application with management and do it on your own.

If you need help, consult our web site or ask for advice from someone who does not work for your employer. You can ask a lawyer for legal advice, if necessary, but the lawyer should be aware that there is a Labour Board case law that suggests employer funding may not be lawful and has led to the Board throwing out some past applications. Hopefully, the instructions on this web site are all that you will require.

Build Support

You should not use threats or promises or unlawful pressure to get fellow employees to sign a Form 142A. You should think of one or two good reasons why you believe the union should be decertified. A businesslike and friendly approach works best. Remember, once more than 45% of your group sign a 142A and you file your Application, there will hopefully be a secret ballot vote, supervised by the Labour Board, where every unionized employee may vote in private. Not everyone who signs a 142A will necessarily vote for decertification, but some who are reluctant to sign a form142A may vote for decertification in the secret ballot vote.

Check your collective agreement and read the section or definition about "bargaining unit." This is often called the "Recognition" or “Scope” clause and is usually located near the beginning of the collective agreement. You will need to collect a Form 142A from at least 45% of the group mentioned in that definition.

You should also remember that it is possible that you may have to prove the signatures on the 142A's were given "freely" and "voluntarily”.

As mentioned above, people who support your application should not sign a 142A when they are working - they must be on a break during work or do it before or after work. The reason is that you are supposed to be working. If the employer knows it is happening on working time and does nothing, the union might accuse the employer of supporting the decertification by "turning a blind eye" to your efforts during work time suggesting that the employer wants everyone to know they support the decertification campaign.

Check the dates on the Form 142A for every person as they sign because the Labour Board will check the dates. An undated or incorrectly dated form 142A will not count.

Prepare the Forms

As mentioned above, each Form 142A must be signed and dated by the employee who supports the application. You must use the full, correct name and local number of the union. You can use the name on the collective agreement, or on the official Labour Board Certificate (if there is one you can get). If in doubt, phone the Labour Board and ask for the correct name from their records if the union was certified by the Board. If the union was voluntarily agreed to by the employer – the Board may not know that and there will not be a certificate.

After you have collected your signed form 142A's, you will fill out the form 142. The first thing you will be asked is to name yourself (or another supporter) as the "representative" for the employees seeking decertification. You can tick off a box if you want your name to remain confidential.

The form then asks you for:

• The name, address and contact information for your employer and the union.
• The number of employees who have signed a 142A.
• The number of employees in the bargaining unit that you are applying to decertify.
• Our download includes an additional page that asks for an electronic vote. In addition, there is a blank text box on the Form 142 Additional Page that is for anything else you may want to convey to the Board with your Application.

You have to pay the Labour Board fee of $100 by phone. Your employer cannot pay this for you.

The Form 142 asks for information about your bargaining unit. If you need help, you can ask the Labour Board for a copy of your collective agreement or your certification. It saves time if you partially complete the "blank" 142A's with ONLY the full, correct union name and local along with your employer's full and correct name before making copies and having them signed. This also makes sure that no one makes a mistake when they are completing their 142A because the union and employer name are already on the copies you made. Do NOT fill out the date beforehand, this could lead to the form 142A being rejected and reducing your ability to achieve 45% support.

Deliver the Forms

Current procedure since email is implemented as a means to submit an Application:

Former procedure before email was implemented as a means to submit an Application:

Once you have gathered form 142As from more than 45 per cent of your group, and you have filled out the form 142, you must take all the originals, and a copy of your collective agreement (if the union and the employer have negotiated one) to:

British Columbia Labour Relations Board
Suite 600, Oceanic Plaza
1066 West Hastings Street
Vancouver, British Columbia
V6E 3X1

It is better to do this in person, although you can use regular mail or a courier. The advantage of going in person is that a Labour Board official may go over your form and you can correct any errors.

Conclusion

Once the Labour Board gets your application, it will check for mistakes. If everything is okay, they will accept your application and send a notice to the union and your employer, notifying them that a group of "Certain Employees" has applied for decertification. The union and the employer will be given time to make a written submission either opposing or supporting the application.

The notice from the Labour Board will schedule a hearing at the Board office. The Labour Board will also schedule a secret ballot vote of all employees, also to be held within 5 business days.

It is important that you, or a representative of your group, attends any Labour Board hearing which this Board sometimes may do by phone conference call or video call. If you cannot attend, you must phone the Labour Board and give a good reason why you cannot be there or try to find someone who knows your situation to attend for you. If there is no opposition to your application at the hearing, the Labour Board will order the vote to proceed as scheduled, and to be counted.

If there is opposition to your application (for example, if the union complains that your employer improperly supported your application) then the Board will order that the vote proceed, but the ballot box will be sealed until the dispute is resolved or dropped. The Labour Board will ask the union, the employer, and you for written submissions and may even hold another hearing so that witnesses can be called, and arguments can be made. The Labour Board will then review the objections - if it upholds the objections, your application will likely be dismissed; if the objections are overruled, then the vote will be counted. If the majority of employees who vote are in favour of decertification, the certification of the union will be "varied" under section 142 of the Labour Relations Code. If the majority vote to keep the union, or if there is a tie, the certification will not be changed.

One last important point: you must carefully read the "question" on the secret ballot and inform your supporters accordingly. The ballot does NOT ask if you are in favour of decertification. Rather, it asks if you wish the union to remain as your certified bargaining agent. So the answer, if you are in favour of decertification, is "NO".

You can download the entire decertification package including all forms, and these instructions from our downloads section. If you only need one specific form you will find them below.