Should the Union Be Certified

I find the arguments of the union the most convincing because it has demonstrated employee support on two separate and integral occasions. In the fall of 1995, the union submitted 738 membership cards out of the estimated bargaining unit of 840 persons. (Textbook, pg. 433) Although the City disputes the size of the active bargaining unit, based on the available information, 840 people were currently employed as casual employees at the time the application was filed to the best of the unions’ knowledge. The City’s filing identified approximately 369 employees that were actively at work on October 10, 1995, the date in which the application was made, (Textbook, pg. 433) 201 membership cards were submitted, which represents 54% of the employees. On December 8, 1995 a representation vote was taken, and despite a low turnout, the union clearly “won” the vote. (Textbook, pg. 436) It appears to me, that despite the City’s disputes, evidence of employee support is clearly noted.

In the event that the representation vote is not allowed to stand, I, as the arbitrator would still find in favor of the union. Even though employee concern is expected to be low due to casual and seasonal work, without any obligation of returning, in the fall of 1995 the union was able to gain an additional 344 membership cards from persons no longer employed by the City. The fact that the City employs 2400-2500 casual/ seasonal employees per calendar year is irrelevant, when on the date of October 10, 1995 the union was able to gain membership cards from 54% of the current bargaining unit.

Even though there is considerable debate in the IR literature as to whether certification votes should be decided by a majority of bargaining unit members or a majority of those voting, I believe that true democracy gives people a choice as to whether or not they wish to vote. The governments of Canada are voted in by a majority of those voting, and I believe this is fair as when people have strong...