Unionization, Certification, and Decertification for Employers
Unionization drives and certification or decertification applications can create significant challenges for employers. In Ontario and British Columbia, these processes are overseen by provincial labour boards, and employers must follow strict rules to avoid unfair labour practice complaints, grievances, or reputational harm.
With the right guidance, employers can respond strategically to unionization efforts, navigate certification or decertification proceedings, and protect their workplace from costly disputes.
Managing unionization efforts, responding to union certification applications, or pursuing decertification are complex challenges that can shape the future of your workplace. Employers must follow strict legal requirements while balancing workplace relationships, operational needs, and long-term business goals.
In Ontario, these matters fall under the Labour Relations Act and the jurisdiction of the Ontario Labour Relations Board (OLRB). In British Columbia, they are governed by the Labour Relations Code and overseen by the BC Labour Relations Board (BCLRB).
At Achkar Law, we help employers across Ontario and BC understand their rights and obligations under labour and employment law. Our labour lawyers provide clear, practical advice to help you manage unionization campaigns, certification applications, decertification efforts, and union grievances efficiently and lawfully.
Speak to a Labour Lawyer
If your organization is facing a unionization campaign, responding to a union certification application, or considering decertification, Achkar Law can help.
We provide employers in Ontario and British Columbia with clear, practical labour and employment law advice. Our labour lawyers guide you through interactions with the Ontario Labour Relations Board (OLRB) or the BC Labour Relations Board (BCLRB), helping you manage union-related issues, protect your business, and avoid costly disputes.
Call Toll-free: 1-800-771-7882
Employer Rights During Unionization
Employers often underestimate their rights during a union campaign.
While the law restricts certain actions, such as threatening or coercing employees, employers still have the ability to:
- Share factual information about unionization and its impact
- Communicate the organization’s position lawfully
- Respond to certification applications and present objections
- Participate in Labour Board proceedings
- Challenge improper union activity or unfair practices
Understanding the limits of what you can do versus what you cannot do is essential to staying compliant and protecting your workplace.
Certification and Decertification: What Employers Should Know
- Certification occurs when a union is granted the legal right to represent employees, either through a card-based process or a vote. Employers must then negotiate a collective agreement in good faith.
- Decertification happens when employees seek to remove a union’s representation. Employers cannot initiate this process, but may need to respond if employees apply for decertification.
Both processes are highly regulated, and employer missteps can lead to unfair labour practice complaints, union grievances, or Labour Board penalties.
“When workers start organizing, every move matters. A labour lawyer helps employers respond lawfully, reduce risks, and maintain control during the unionization process.“
— Christopher Achkar, Labour Lawyer
How Achkar Law Helps Employers
At Achkar Law, we assist employers in Ontario and BC with:
- Advising on lawful employer communications during union campaigns
- Responding to union certification applications and objections
- Supporting employers through decertification proceedings
- Representing employers before the OLRB and BCLRB
- Assisting with collective bargaining if certification is granted
- Defending against unfair labour practice complaints
Our goal is to help employers remain compliant with labour laws while protecting management rights and business objectives.
Unionization FAQs for Employers
What is union certification?
Union certification is the legal process where a union applies to the Ontario Labour Relations Board to be recognized as the official bargaining agent for a group of employees.
If successful, the workplace becomes unionized, and the employer must negotiate a collective agreement with the union.
Can employers oppose unionization?
Employers have the right to express their views on unionization, but they must do so carefully and lawfully. Certain actions, such as threats, promises, or retaliation, are strictly prohibited under Ontario labour law.
Legal advice from a labour lawyer can help employers understand what is—and isn’t—permitted.
What is decertification?
Decertification is the legal process by which employees can apply to remove a union as their bargaining agent.
Employers cannot initiate decertification, but they must respond appropriately if employees seek it.
Legal guidance helps employers address this process without breaching their legal obligations.
Protect Your Business During Unionization
Unionization, certification, and decertification can have lasting consequences for your workplace. With the right legal advice, employers can respond strategically, reduce risk, and maintain stability.
Contact Achkar Law today for clear, practical guidance on managing unionization campaigns, certification, or decertification in Ontario and British Columbia.
Call Toll-free at 1-800-771-7882 | Email: [email protected]
Contact us today to schedule a consultation with our Experienced Employment and Labour Lawyers
Contact us by phone toll-free at 1-866-471-5098 or email us at [email protected], and we will be happy to assist.