Life after certification applications: Lawful outsourcing and scope of bargaining units

May 22, 2017 0 COMMENTS

by Karine Fournier and Valérie Gareau-Dalpé

Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention.

The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is a more appropriate unit than the one proposed by the union is not enough. To challenge the proposed unit, employers must show that the proposed unit is actually inappropriate in the specific context of the company. Employers also face potential unfair labor practice complaints for their conduct during union organization campaigns.

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