By Mike MacLellan and Danielle Jager
It’s kind of like the Olympics. Every three years we get to watch exciting high-stakes battles between seasoned competitors. Except instead of nations competing in sports, we have trade unions competing for the support of workers in the construction industry. Ok so maybe it’s not THAT MUCH like the Olympics…
What is the “Open Period” in Ontario’s Construction Industry?
The construction industry’s “Open Period” occurs in the final two months of the collective agreement. Most agreements are synchronized, meaning that for most employers in construction, the open period occurs at the same time every three years for two months.
The upcoming “Open Period” will be from March 1, 2022 to April 30, 2022.
During the Open Period unionized employees in the construction industry can apply to the Ontario Labour Relations Board (“OLRB”) to decertify their current bargaining agents and end the application of the applicable collective bargaining agreements (“CBAs”) through a Termination Application. Rival unions can also apply to the OLRB to raid the current union’s representation rights through a Displacement Application. The ultimate decision of whether an application succeeds will be made by the OLRB based on support for the application by workers who were employed by the employer and doing work under the collective agreement on the application date.
While the decision to decertify or raid a union lies respectively with the employees or alternate trade unions, it is still important that a construction employer be aware of their rights and responsibilities should either application be filed.
The Employer’s Role During the Open Period
