Frequently Asked Questions

• Employees under employment of the employer, discuss amongst themselves that a union representing their common and best interest is in the employees favour Employees begin signing the membership application to the given union and pay the membership fee.
• Once the majority of employees (51% or more) have decided their workplace is to be represented by the union named on the application form, the union brings their application forward to the CIRB.
• The employer will then post a notice and have it visible 15 days to notify the employees that will be affected.
• The CIRB will then investigate the application and work with both the employer and union to answer any concerns and questions both parties may have.
• Once the union has been certified, negotiations of a collective bargaining agreement between the union and the employer begin.

• • The canadian labour code outlines the minimum standards a federally regulated workplace must follow, including but not limited to
    • Scheduling – cited from Canadian Labour Code Part 3, Division 1
      • 173.01 (1) The employer shall provide an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule.
    • Vacation – cited from Canadian Labour Code Part 3, Division 4

• Annual vacation with pay

184 Except as otherwise provided by or under this Division, in respect of every year of employment by an employer, every employee is entitled to and shall be granted a vacation with vacation pay of

• (a) at least two weeks if they have completed at least one year of employment;
• (b) at least three weeks if they have completed at least five consecutive years of employment with the same employer; and
• (c) at least four weeks if they have completed at least 10 consecutive years of employment with the same employer.

• R.S., 1985, c. L-2, s. 184
• 2018, c. 27, s. 454

Previous Version

Marginal note:

• Calculation of vacation pay

184.01 An employee is entitled to vacation pay equal to:

• (a) 4% of their wages during the year of employment in respect of which they are entitled to the vacation;
• (b) 6% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least five consecutive years of employment with the same employer; and
• (c) 8% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least 10 consecutive years of employment with the same employer.

• 2018, c. 27, s. 454

Marginal note:

• Entitlement to vacation in one or more periods

184.1 A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period.

• 2017, c. 33, s. 200

Marginal note:

• Granting vacation with pay

185 The employer of an employee who under this Division has become entitled to a vacation with vacation pay

• (a) shall grant to the employee the vacation to which the employee is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and
• (b) shall, at any time that is prescribed by the regulations, pay to the employee
  • (i) if the vacation is taken in one period, the vacation pay to which the employee is entitled in respect of that vacation, or
  • (ii) if the vacation is taken in more than one period, for each period, the proportion of the vacation pay that the vacation taken is of the annual vacation to which the employee is entitled.

• Breaks – cited from Canadian Labour Code Part 3, Division 1
  • 169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes during every period of five consecutive hours of work. If the employer requires the employee to be at their disposal during the break period, the employee must be paid for the break.

Marginal note:

Exception
(2) An employer may postpone or cancel the break set out in subsection (1) if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

• (a) threat to the life, health or safety of any person;
• (b) threat of damage to or loss of property; or
• (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

• Rest between shifts – cited from Canadian Labour Code Part 3, Division 1
  • 169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours between work periods or shifts.

Marginal note:

Exception
(2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts which would result in them having a rest period of fewer than eight consecutive hours between their work periods or shifts if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

• (a) threat to the life, health or safety of any person;
• (b) threat of damage to or loss of property; or
• (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

 

• Discipline and termination

Application

229.1 This Division does not apply to an employee whose termination of employment is by way of dismissal for just cause.

• 2018, c. 27, s. 483

Marginal note:

Employer’s duty

• 230 (1) An employer who terminates the employment of an employee must give the employee
  • (a) notice in writing of the employer’s intention to terminate their employment on a date specified in the notice, at least the applicable number of weeks set out in subsection (1.1) before that date;
  • (b) wages in lieu of notice, at their regular rate of wages for their regular hours of work, for at least the applicable number of weeks set out in subsection (1.1); or
  • (c) any combination of notice and amounts of wages in lieu of notice so that the total of the number of weeks of notice in writing and the number of weeks for which wages are paid in lieu of notice is equivalent to at least the applicable number of weeks set out in subsection (1.1).

Marginal note:

Clarification
(1.01) The employer’s obligation to give and the employee’s right to receive notice or wages in lieu of notice under subsection (1) apply whether or not the employee has a right to avail themselves of any procedure for redress under this Part, including under subsection 240(1), with respect to the termination of their employment.

Marginal note:

Notice period
(1.1) The applicable number of weeks for the purposes of subsections (1) and (2) is

• (a) two weeks, if the employee has completed at least three consecutive months of continuous employment with the employer;
• (b) three weeks, if the employee has completed at least three consecutive years of continuous employment with the employer;
• (c) four weeks, if the employee has completed at least four consecutive years of continuous employment with the employer;
• (d) five weeks, if the employee has completed at least five consecutive years of continuous employment with the employer;
• (e) six weeks, if the employee has completed at least six consecutive years of continuous employment with the employer;
• (f) seven weeks, if the employee has completed at least seven consecutive years of continuous employment with the employer; and
• (g) eight weeks, if the employee has completed at least eight consecutive years of continuous employment with the employer.

 

• Without a CBA, the company is fully within their right to use these standards in their workplace.
• A CBA can raise up the standards of the items listed and many more to rise above the minimum standards set out in the code.

Discipline and termination work in a 3 or 5 step process. Depending on the severity of the discipline needed, the company can make a case to start at any of the steps, including step 5 – termination. Any conversations between the company and an individual have a union representative present to ensure fair and proper representation.

The length of the CBA is determined by mutual agreement between the employer and the union during negotiations, and is typically around 3-5 years.

AMFA current dues are two times your base rate of pay, excluding differentials and premiums. For example if your base pay is $20 per hour, your monthly dues are $40.

This is required under federal labour law to show your commitment to unionization.