You’re right to pause here—once unionization papers have been filed, the employer’s rights and obligations are quite specific under Canadian labour law. Here’s a structured breakdown for you:

What Happens Once Papers Are Filed

When a union files for certification with the labour board, the employer enters a “statutory freeze” period. This means you cannot change wages, benefits, policies, or working conditions without labour board approval.

The labour board will review the application and either:

Certify the union (if they already have majority support, typically 55%+ of employees signed cards), or

Order a secret-ballot vote if support is in the 45–55% range (thresholds vary slightly by province).

Employer Rights

Employers retain certain rights during this process:

Freedom of expression: You may share factual information with employees about what unionization means (e.g., the collective bargaining process, dues, possible outcomes).

Business as usual: You may continue running the business as you normally would, as long as you don’t change terms of employment in response to the organizing drive.

Legal counsel: You have the right to consult with labour lawyers to ensure compliance and prepare for bargaining if certification goes through.

Representation: You may participate in the labour board’s process (e.g., challenging the scope of the bargaining unit if you believe certain employees should be excluded).

What You Cannot Do (Risk of “Unfair Labour Practices”)

This is where many well-meaning employers get into trouble. You cannot:

Threaten employees with negative consequences if they unionize (e.g., job loss, reduced hours, closure).

Promise new benefits, pay increases, or other inducements if they reject the union.

Spy on organizing activity or interrogate employees about their union support.

Negotiate directly with employees outside the union once certification papers are filed—this is considered “bypassing” the union and is unlawful.

Even informal “let’s work it out ourselves” meetings after certification papers are filed can be seen as coercive, since employees are legally exercising their right to representation through the union.

Practical Next Steps

Stay neutral but informative: If a vote is ordered, you can communicate with staff about the facts of unionization, but keep it objective and non-threatening.

Document everything: Keep records of communications in case of unfair labour practice complaints.

Prepare for bargaining: If the union is certified, you’ll need to negotiate in good faith. Start thinking about your priorities and constraints.

Train managers: Make sure supervisors understand what they can and cannot say—most unfair labour practice cases come from frontline managers saying too much.

Bottom Line: Once unionization papers have been served, you cannot prevent the process from moving forward by negotiating directly with employees. Your role shifts to compliance, communication, and preparation. Trying to cut a side deal outside of the union would likely be seen as interference and could expose your organization to legal challenges.

I hope this helps!
-HRInsider Staff

Yes of course! Sorry, I should have broken down the original response by jurisdiction.

Labour relations are regulated provincially (except in federally regulated sectors like airlines, banking, telecom, interprovincial transport, etc.).

Since your organization is a registered charity/non-profit operating in BC, Alberta, and Ontario (and not federally regulated), each province’s Labour Relations Code applies separately.

This means:

Certification in BC only applies to the employees in BC who are part of the bargaining unit defined in the certification order.

Employees in Alberta and Ontario are not automatically covered by the BC union certification.

How Certification Spreads (or Doesn’t)

A union can only represent workers in another province if it applies for certification separately in that province, and employees there support the application.

Sometimes, the same union will organize multiple provinces and create a “local” structure (e.g., Local 123 in BC, Local 456 in Alberta). But each certification is legally independent.

If your head office is in BC, and the bargaining unit is defined as “all employees at the BC location”, that certification does not automatically extend to Alberta or Ontario staff.

Practical Implications for Your Organization

BC unit only: If the certification goes forward, you would need to bargain a collective agreement only for those BC employees.

Multi-province exposure: Union organizers may use momentum in BC to approach staff in Alberta or Ontario—but they would need to file separate applications under those provinces’ labour codes.

Consistency vs. legal requirement: While legally you only bargain in BC, operationally you may want to consider how differences in pay, benefits, or policies between unionized and non-unionized provinces will be perceived by staff.

Differences by Province

Each province has slightly different rules:

BC: “Card check” system — if more than 55% of employees sign cards, the union can be certified without a vote.

Alberta: Mandatory vote if 40–65% sign cards; automatic certification only if more than 65% sign.

Ontario: For most sectors, mandatory vote if 40%+ sign cards; automatic certification in some sectors (e.g., construction).

So, what happens in BC doesn’t bind Alberta or Ontario, but you should expect the union may test interest in those provinces next.

Certification in BC applies only to BC employees. Alberta and Ontario staff are unaffected unless the union separately applies for certification there. However, the BC outcome may influence how employees in other provinces think about organizing.

That’s another great question. Unionization applies only to the defined bargaining unit, not automatically to the entire company. Managers, supervisors, and HR/confidential staff are generally excluded. The labour board makes the final call on who is “in” and who is “out.”

Unionization does not automatically mean every single employee in your company is covered. It depends on how the bargaining unit is defined and on exclusions set out in law.

Bargaining Unit Definition

When a union applies for certification, it specifies the group of employees it seeks to represent — for example:

“All full-time and part-time program staff at the Vancouver location, excluding supervisors and managers.”

The labour board reviews this definition and decides whether it is appropriate.

The bargaining unit can be location-specific, job-class-specific, or broader — but it will not automatically cover the whole company unless the board certifies it that way (which is rare).

Typical Exclusions

Across provinces, labour relations boards generally exclude certain roles from union membership because of potential conflicts of interest. Common exclusions include:

Managers & Supervisors: Anyone who hires, fires, disciplines, or has significant authority over others.

Confidential HR & Payroll Staff: Employees with access to sensitive labour relations information (e.g., HR professionals like you).

Senior Executives: Directors, officers, or other high-level decision-makers.

Sometimes “Professional” Staff: In some sectors, professionals (like lawyers or certain healthcare roles) may have separate bargaining rights or exclusions.

Practical Example

Let’s say your BC location has:

Program coordinators, outreach workers, and admin assistants → likely included in the bargaining unit.

HR staff, office managers, site directors → likely excluded.

The labour board decides this after reviewing evidence from both the union and the employer. Sometimes there are disputes (e.g., whether a “team lead” counts as a supervisor), and the board rules on it.

Company-Wide vs. Location-Based

Not company-wide automatically: Certification usually applies to the specific group/location listed in the application.

If you have multiple sites, the union would need to apply to cover each one (unless the board finds a “community of interest” across sites and certifies a larger unit).

Over time, unions sometimes organize site by site and then amalgamate into one larger bargaining unit, but that requires separate certifications.