Introduction

Decertification basically means getting rid of a union. It happens when a majority of employees no longer want to remain unionized. If you can prove this the Labour Board, you may be able to Decertify (get rid of) the union. But, there are rules you need to follow and Forms you need to use.

If the union was “certified” by the Labour Board, then the official name for Decertification is an "Application for Cancellation of Certification."

Sometimes unions are voluntarily recognized by employers. Then, the official name is an "Application for Termination of Bargaining Rights." For both of the above, the timing, requirements and effect are the same so we will refer to "Decertification". By the way, others may call Decertification "revocation of bargaining rights" or "termination of bargaining rights".

Using our step-by-step instructions, you can apply to Decertify the union. If you need help, go to our Contacts pages.

Until further notice, the Board’s method of electronic filing is to email the Application to MLBRegistrar@gov.mb.ca with the subject line to include the word “Application”.

After you have emailed your application to the Board, phone the board to ensure that they have received it because they do not have an autoresponder to confirm that they have your application.

Manitoba Labour Board UPDATED RESPONSE TO THE COVID-19 PANDEMIC: JUNE 22, 2020

Effective June 21, 2020, in accordance with the Province of Manitoba’s Restoring Services, Phases 2 and 3, the Board is resuming some of its in-person activities, as outlined below. Throughout the pandemic, the Board has continued to operate, process applications, and conduct votes, hearings, mediations, case conferences, with modifications to allow for virtual proceedings, mail-in ballots, and with all our staff working from home. The current plan has been developed carefully, with the input of the labour relations community, to ensure our workplace and our public spaces are as safe as possible. The revised practices and procedures discussed in this notice will remain in effect until August 31, 2020 or such other date as the Board determines is appropriate.

Until further notice, the Board’s offices remain closed to the public for inquiries. Individuals may submit their questions by contacting us by telephone at (204) 945-2089 or in writing to MLBRegistrar@gov.mb.ca. The mailbox will be monitored by staff daily and all inquiries will be responded to as soon as reasonably practicable.

The Board will continue to receive applications through electronic filing only, including applications for decertification. The Board continues to temporarily waive the requirement for a signed statutory declaration with those filings. In lieu of a statutory declaration, parties may file an unsworn statement containing the same information and documents that would otherwise have been required in a sworn statutory declaration. Parties may be required to file a properly executed statutory declaration at a future date, as directed by the Board.

When filing documentation with the Board, please place the appropriate word "Application" in the subject line of the e-mail, along with any relevant case numbers (if known for submissions) so it can easily be identified. Please note that, in the circumstances, processing will likely be delayed.

Representation votes will be conducted using mail-in ballots or, where appropriate and feasible, using electronic/phone voting.

The Board continues to actively monitor the COVID-19 pandemic and continues to work on contingency planning during this rapidly evolving situation.

Mail-in Ballot and Voting Process

The Labour Board will be conducting votes by mail-in ballots. There are instructions on the ballot, and here they are:

• 1. This is a SECRET ballot. DO NOT SIGN YOUR NAME.
• 2. Make your choice by marking "X" IN THE MIDDLE OF THE SQUARE IN ONE (1) BOX ONLY.
• 3. If you spoil your ballot, contact the Manitoba Labour Board immediately and we will mail you another ballot.
• 4. Fold your ballot into the small white envelope.
• 5. Place the small white envelope in the larger brown envelope which has your name on it.
• 6. Mail the envelope in the self addressed envelope provided.

We have created a diagram to show this process and it is included in our download.

Open Periods for Decertification

You can only apply to Decertify the union during an Open Period. It is very important to find out the Start Date (also known as the Effective Date) and the Stop Date (also known as the Expiry Date) of the Collective Agreement to find out when the Decertification Open Period starts and ends. This Open Period can be different based on:

• When you were unionized.
• If you have a Collective Agreement or not.
• If you are in a Strike or Lock Out.
• And a number of other variables.

It is very important to find out:

• The Start Date - when the Collective Agreement begins (also known as the Effective Date).
• The Stop Date - when the Collective Agreement ends (also known as the Expiry Date).
• The time when the Collective Agreement is in effect (also known as the Duration of the Collective Agreement). It begins at the Start Date and ends at the Stop Date.

The Start Date and the Stop Date of the Collective Agreement are used to find out when the Decertification Open Period begins and ends.

Look at the headings below. If you still have questions, call us to speak with one of our Employee Advisors.

Get the Forms

In Manitoba there are 5 things to be completed.

1. Form "A" General Information Form. You must make your Application in writing with this Form. Only one of these is needed for the overall Application to decertify the Union. It must be sworn or affirmed by a Commissioner of Oaths or Notary Public. Also know that all Lawyers are all also Notaries who can do this for you if they are willing.
2. Either a Form VIII or a Form IX. Find out if the union was Certified by the Labour Board (sometimes such Collective Agreements include the Certificate Number. It is most likely that you will need a Form VIII (Cancellation of Certificate) for a Certified union. There is also the less frequent "Voluntary Recognition" unionization which requires the use of a Form IX (Termination of Bargaining Rights) instead. If the union was voluntarily recognized, use the Form IX. Call the Labour Board if you are unsure of which applies to you – they have records of who was Certified or not, thus a Voluntary Recognition.
3. A Petition. This is used because you need to prove that 50% or more of your coworkers don't support the Union. To do this, you need to collect their names and signatures. We have included an Individual Decertification Form with our Decertification Download. We recommend Individual Decertification Forms over multi-person Petitions. We only have the Individual Decertification Form in our Decertification Download because the union may allege that someone was improperly influenced by seeing another person's name on a group Petition Form. We don't agree with that, but you are better off to avoid arguments that might delay the Decertification process for you. Once submitted to the Labour Board, the Individual Decertification Forms become part of the Application. The Board serves the Application on both the Employer and the union for you.
4. Applicant's List of Employees For Manitoba Labour Board (MLB) ONLY. This is used by the Manitoba Labour Board only. It is not to be sent to the union or Employer.
5. Applicant's List of Employees For Employer And Union Only. This is forwarded by the MLB to the Employer and the union.

Many Applications for Decertification have failed because they don't include necessary information on the Petition Form(s), even with majority support. We strongly recommend that you use the Form in our Download. If you make up your own Form, it should include the same information as in the Petition Form in our Download.

You must name the specific person who will be filing the Application and include it on the Petitions.

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 sign 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. REMEMBER THAT YOU NEED A MAJORITY OF EMPLOYEES IN THE BARGAINING UNIT TO SIGN THE PETITION FORM SUPPORTING YOUR APPLICATION.

The organizer for your Application then completes Form "A" (on Form IX if applicable) and takes it to the Labour Board along with the completed Petitions and lists of employees who have signed.

You can get these forms from our Decertification Download (they are listed at the bottom of this page) or from the Manitoba Labour Board web site under "Forms".

Avoiding Mistakes

• The Forms for Decertification must be filled out fully and accurately.
• You must use the full, correct name of the union and their local number if they have one.
• You must have each employee date the Petition Form(s) at the same date and time as it is signed.
• Each employee signature must be witnessed and signed off by the person who is asking the employee to sign.
• If you are going to be the Applicant, ask another employee to witness your signature on your Petition Form(s).
• The Application will fail if it is unlawfully promoted or assisted by the employer.
• You should not approach fellow employees during working time. Meal or coffee breaks are okay and of course, before or after work.
• You must not use an employer board room or employer photocopier and it is best not to use the employer e-mail system.
• The employer is not allowed to make promises or offer rewards if a Decertification is successful.
• The employer cannot offer to pay legal fees for you.
• Avoid discussing your Application with management and do it on your own.

Other Suggestions

• It is better if only one person witnesses the signatures on Petition Form(s). The number of employees or shifts may make this impractical. It is still better to limit the number of witnesses to signatures.
• • We recommend that you get Petitions signed off the worksite, to avoid allegations that the employer participated in the Decertification. There is a space on the Petition for you to indicate the location of where you were when you collected and witnessed each employee’s signature.
• Avoid discussing your Application with management and do it on your own.
• While it is not unlawful to tell your employer about the Decertification, it is best to limit such discussions or not have them at all.

If you need help, consult our website or ask for advice from someone who does not work for your employer. You can ask a lawyer for legal advice, if necessary, but hopefully, the instructions on this web site are all that you need.

Build Support

You should not use unlawful pressure, threats or promises to get fellow employees to sign the Petition Form(s). 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 you have 50 percent or more of your group sign a Petition, and you file your Application, there should be a secret ballot vote, supervised by the Labour Board, where every employee in the group can vote in private. Not everyone who signs will necessarily vote for Decertification, but by the same token, some employees who did not sign may vote for Decertification. The outcome of the vote is determined by those who vote, whether or not they signed a Petition Form(s).

The union and fellow employees who support the union may use pressure tactics to oppose your efforts. However, the same rules apply to them - they cannot use threats or promises either. They will look for evidence that the employer is helping you with your Application as you gather support, so play by the rules!

Prepare the Forms

Deliver the Forms

To ensure that your documents get to the Labour Board (especially if you have a deadline for the Open Period) we recommend that you deliver them to the Board or have them delivered. The Board date-stamps Applications on the date received.

The Board requires that any Application must be filed in triplicate - 3 copies, including the originals. Don't forget to keep a copy of everything for yourself too.

Manitoba Labour Board
500-175 Hargrave Street
Winnipeg, Manitoba, Canada
R3C 3R8
Phone: (204) 945-3783
Facsimile: (204) 945-1296

Conclusion

Once the Labour Board gets your Application, they will reply to you with a case number and they will contact the union and your employer to inform them about the Application. If the union or the employer have any concerns, they can send them to the Board. The Board will require your employer to post a ‘Notice to Employees’ in the workplace and/or to be emailed to all employees about the Application.

Next, the Board will review your Application. The Board almost always looks at the "voluntariness" of Applications. It'll look to see if your employer was involved in any way. If the Board has concerns, your spokesperson will have to address them at a hearing.

If the Board agrees your Application was voluntary, it was made at the right time and 50% or more of the employees support it the Board will call a vote of all employees. If a majority of employees (50% + 1), who actually vote, vote for Decertification your Application will be successful and the union will be decertified.