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Human Capital Law & Policy >>

Federal Liberals Reverse Conservative Labour Legislation –
Does the Certification Model Have an Effect on Union Density?

This edition of Human Capital Law and Policy was guest authored by Thomas A. Roper, Q.C., Chair, Roper Greyell LLP.



  • The federal government has introduced legislation that will revert federally regulated industries back to a card-check system for determining majority support for union certification and decertification.
  • The mandatory secret ballot vote requirement was introduced by the Conservative government and was in place for less than a year.  The new Liberal legislation will return the federal certification/decertification process back to the historical status quo, but runs counter to a shift towards secret ballot voting in provincial jurisdictions. 
  • The federal government is also repealing a controversial piece of Conservative legislation that required labour organizations to publicly disclose details of transactions over $5,000 and employee compensation in excess of $100,000.
  • The evidence indicates unions file more applications for certification and succeed in a greater percentage of such applications under a card-check certification system than under a mandatory vote system

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