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So you want to join the IBEW, local 2038....

There are a couple of ways you can do that:

 1)      You can apply at our office at 1920 McAra Street in Regina.

 OR

 2)      You can organize a Union in the shop you are currently working in.

 Have you taken the time to visit "jointhebrotherhoodsk.com" yet?

Your right to organize in enshrined in law. We'll have a look at the steps in this section and some things to be aware of as well. The excerpts included are directly from Bill 85 - the Saskatchewan Employment Act.

 

DIVISION 2

Rights, Duties, Obligations and Prohibitions

Right to form and join a union and to be a member of a union

6-4(1) Employees have the right to organize in and to form, join or assist unions and to engage in collective bargaining through a union of their own choosing.

 

So there you have it. The law says it’s your legal right to join or organize a Union.

Next we'll have a look at what is allowed to happen and, more specifically what's NOT allowed to happen once you've decided to form or join a Union.

Coercion and intimidation prohibited

6-5 No person shall use coercion or intimidation of any kind that could reasonably have the effect of compelling or inducing a person to become or to refrain from becoming or to continue to be or to cease to be a member of a union.

 

That means that no one - not the employer or his agent, nor the Union or their agent.

Let's have a look at what employer intimidation or coercion might look like in the eyes of the law.

 Certain actions against employees prohibited

6-6(1) No person shall do any of the things mentioned in subsection (2) against another person:

(a) because of a belief that the other person may testify in a proceeding pursuant to this Part;

(b) because the person has made or is about to make a disclosure that may be required of the

person in a proceeding pursuant to this Part;

(c) because the person has made an application, filed a complaint or otherwise exercised a right

conferred pursuant to this Part; or

(d) because the person has participated or is about to participate in a proceeding pursuant to this

Part.

(2) In the circumstances mentioned in subsection (1), no person shall do any of the following:

(a) refuse to employ or refuse to continue to employ a person;

(b) threaten termination of employment or otherwise threaten a person;

(c) discriminate against or threaten to discriminate against a person with respect to employment

or a term or condition of employment or membership in a union;

(d) intimidate or coerce or impose a pecuniary or other penalty on a person.

 

In a nutshell, that means that no one can threaten to fire you, discipline you, or shutdown the company if a Union is certified in your workplace. They can't move you to a different crew or make you work alone in an attempt to silence you. Under the legislation, the onus is on the employer to prove that you are fired or disciplined for cause when an organizing campaign is under way.

When organizing the IBEW in your workplace, workers are asked to sign 'support cards'. Cards that give permission to the IBEW to represent the workers. The names of those who have signed support cards are ALWAYS confidential. The employer is never given the list. They cannot compel anyone to give them the list. It is COMPLETELY CONFIDENTIAL. Once enough support cards have been signed, at least 45% of journeyman electricians and electrical apprentices, a vote will be called. Electricians and electrical apprentices doesn't include the owner, even if they are journeyman electrician.

Normally at least 45% or all employees must be shown to be in support of Union representation before a secret ballot vote is held. The next section of the Saskatchewan Employment Act says that if intimidation or coercion by the employer was committed, the Labour Relations Board could allow for a lower threshold.

 

Representation vote

6-12(1) Before issuing a certification order on an application made in accordance with section 6-9 or amending an existing certification order on an application made in accordance with section 6-10, the board shall direct a vote of all employees eligible to vote to determine whether the union should be certified as the bargaining agent for the proposed bargaining unit.

(2) Notwithstanding that a union has not established the level of support required by subsection 6 9(2) or 6-10(2), the board shall make an order directing a vote to be taken to determine whether a certification order should be issued or amended if:

(a) the board finds that the employer or a person acting on behalf of the employer has committed

an unfair labour practice or has otherwise contravened this Part;

(b) there is insufficient evidence before the board to establish that 45% or more of the

employees in the proposed bargaining unit support the application; and

(c) the board finds that sufficient evidence of support mentioned in clause (b) would have been

obtained but for the unfair labour practice or contravention of this Part.

(3) Notwithstanding subsection (1), the board may refuse to direct the vote if the board has, within the 12 months preceding the date of the application, directed a vote of employees in the same unit or a substantially similar unit on the application of the same union.

 

Next let's have a look at the voting process.

 

DIVISION 5

Votes

Votes by secret ballot

6-22(1) All votes required pursuant to this Part or directed to be taken by the board must be by secret

ballot.

(2) A vote by secret ballot is not required among employees in a bargaining unit consisting of two

employees or fewer.

(3) An employee who has voted at a vote taken pursuant to this Part is not competent or compellable to

give evidence before the board or in any court proceedings as to how the vote was cast.

(4) The results of the vote mentioned in subsection (1), including the number of ballots cast and the votes for, against or spoiled, must be made available to the employees who were entitled to vote.

 

The votes are secret. Only you will ever know how you voted.

If a majority of votes are cast in favour of Union representation, you will get it. The current Saskatchewan Provincial Electrical Agreement comes into effect at your workplace.

You can view a copy of our current agreement here:

Collective Bargaining Agreement - IBEW Local 2038 and 529

If you have any questions about this process or how you can start please feel free to contact Jeff Sweet at any time (306) 527-3030 or jeff2038@sasktel.net

Copyright © 2012 All rights reserved. Reproduction in whole or in part without permission is prohibited.