Trade Union Formation Lawyer in Vancouver

Providing High Quality Legal Advice For Clients

One of the most vital aspects of employment and labour law in Canada is the ability to form a union. Unions are a valuable resource for workers as their organizations help to protect members’ job security, fight for better wages and working conditions, and work to maintain the economy.

In general, with the protections that unions afford workers, their members help build and strengthen their communities due to their increased wages and economic power.

If you are considering forming a new union, specific legal steps must be followed to ensure you adhere to all provincial and federal legislation. Due to recent changes in the law, forming a union is now easier than it was previously. However, failure to follow procedures could result in many legal issues that could delay or prevent your union from being certified.

Contact Labour Rights Law of Vancouver and ask to schedule a consultation to learn more about trade union formation and how we can provide legal assistance. A qualified legal team member will gladly sit down and answer your questions and determine what steps need to be taken next.

How Does the Labour Relations Code Define Trade Unions?

The Labour Relations Code has specific criteria defining a trade union in British Columbia. The Labour Relations Code states that one of the following factors must be present for an organization to be considered a trade union:

  • It must be either a local BC organization or association of employees or
  • A local or BC branch of an international or national organization or association of employees.

In addition, the following factors must also apply:

  • The organization must employ collective bargaining as one of its procedures to manage relations between its members and their employers in BC.
  • The organization may not be influenced or regulated by an employer.

Suppose your organization wishes to form a new trade union. In that case, it is best to speak with an experienced trade union formation lawyer who can provide guidance on the legal requirements and help your group get started. Labour Rights Law of Vancouver has extensive experience helping organizations obtain certification and would be honoured to assist you.

What is Single Step Certification?

Under a new law that went into effect, single-step certification of unions is now permitted when the organization can demonstrate they have at least 55% support of the bargaining unit. Single-step certification is ideal for organizations who wish to form new trade unions as it allows for a more straightforward, more streamlined process to become certified.

If at least 55% of the employees in the workplace sign union membership cards demonstrating their intent to unionize, then the union will be certified, and no further action is required. However, second-step verification is required if only 45 to 55% of the workplace employees sign union membership cards. The second step of the verification process requires a secret ballot vote, with the majority voting in favor of unionizing.

Additionally, the organization must present valid membership evidence, which includes:

  • Within 6 months of the application for union certification.
  • Membership cards that are signed and dated by the employee at the time of the signature.

Although single-step certification has made the process of union certification more efficient, several legal aspects must be observed. Therefore, it is in your best interest to consult an experienced trade union formation lawyer who can advise you on starting the single-step certification process.

Why is it Critical to Have Qualified Legal Representation When Starting a Trade Union?

A trade union is a valuable resource that can assist members in obtaining better wages, benefits, and job security. However, unions and employers must submit to provincial and federal laws to ensure the legality of collective bargaining agreements and other policies.

A trade union formation lawyer has comprehensive knowledge of the rules and regulations surrounding forming a new trade union. Having a skilled legal representative on your side can ensure that your organization can be successful in its mission to protect members and their families.

Forming a new trade union can be an exciting process. However, ensuring that your organization complies with all legal standards must be a top priority for your organization to ensure its overall success and stability. Labour Rights Law has a proven record of achieving favorable client results in all aspects of trade union formation and labour law.

Allow our highly skilled staff to assist you with your legal needs by contacting Labour Rights Law and scheduling an initial consultation with our trade union formation lawyer.

What Type of Results Can I Expect From Your Law Firm?

Labour Rights Law proudly serves the citizens of Vancouver and the surrounding areas. Over the years, our legal team has developed a reputation for excellence by demonstrating our commitment to our client’s needs.

Suppose your organization wants to create a new trade union. In that case, our professionals will stand by your side throughout the entire process, starting with developing an application for certification, drafting a constitution, helping to create bylaws, and all other legal details that need to be addressed.

One of the most significant aspects that sets us apart from other law firms is our years of experience in BC. Our law firm was one of the first in the area to handle employment and labour law issues. As a result, we have a greater understanding of what it takes to help new trade unions obtain certification so they can advocate for their members.

The sooner we begin assisting you, the quicker your future union members can gain better pay, benefits, and job security.

Contact Labour Rights Law of Vancouver at 604-245-3169 and ask to schedule a consultation immediately.