New Trade Union Act General Regulations

Government has created Trade Union Act General Regulations within the construction sector that will require certification applications to be made Monday to Friday, when a more representative number of employees tend to be on a worksite.

The Labour Board will no longer consider a Saturday, Sunday or holiday as the date of application for purposes of certification.

“Employees have a right to fair workplaces where they can have their voices heard,” said Energy and Mines Minister Derek Mombourquette, on behalf of Labour and Advanced Education Minister Labi Kousoulis. “This change is about striking the right balance and increasing the likelihood that the majority of the workforce is represented.”

Currently in the construction sector, when more than 50 per cent of employees working on the date of the certification application demonstrate support, a workforce can become unionized without a vote. Weekend work is a prime example of when a smaller group of employees can trigger the unionization of a larger workforce.

These changes follow consultation with stakeholders representing non-union construction contractors, unionized contractors and trade unions in the construction industry.

These changes, which apply to the construction sector only, are effective immediately.