For years, unions took a beating when it came to adding to their membership through recruitment and certification of new locals. Suddenly, in 2000/2001, the unions picked themselves up off the mat and began looking like heavyweight contenders. Union certifications ascended to new heights, while decertifications sunk to new lows. More unions charged into the ring to certify locals and more of these unions won more often. This one-two punch by unions stunned many of Ontario's employers.
This trend was noted in a white paper issued several months ago by HROI. Now, this Mississauga, Ontario-based human resources consulting firm has analyzed the recently announced 2001/2002 results in more depth.
In this Special Report, HROI identifies and revisits the interrelated drivers of certification and decertification trends. As well, this report exposes another trend that is just as remarkable as the resurrection of union power over the last two years. After their victories, Ontario unions are back on the ropes - not down for the count, but certainly reeling.
Drivers of change
On top of the list of factors leading to union popularity in 2000/2001 was the struggling manufacturing economy. As the economy floundered in a recession, employees became more concerned about job security and looked increasingly to unions for protection.
Another powerful factor leading to a spurt of union growth was the impact of Ontario's new labor legislation known as Bill 139. This new law made it tougher for unions to certify and far easier for employees to decertify a union. To HROI, it seemed that, to beat the law before Bill 139 was fully introduced, unions mounted aggressive certification and membership drives.
Change of drivers
In the end, union successes were short lived.
During the latter part of 2001 and early 2002, the manufacturing sector broke out of a well-documented recession. Employees, feeling more secure, began to shift their focus away from unions as a form of protection in a tough economy.
Union certification campaigns continued to chug along until the Ministry of Labor followed through on the final part of Bill 139 when it sent out mandatory "decertification" packages to all unionized workplaces. Included in these packages were a poster and a brochure explaining to employees their rights of union decertification that were to be revisited on an annual basis.
In this latest round, we´re seeing the devastating effects on unions of a rebounding manufacturing economy as well as the province´s new legislation. Bill 139, in particular, has hit hard at union certification and has invited a staggering number of decertifications.
The Stats: certifications
During 2001/2002, total union certifications have decreased from 825 to 611. This is an astounding 26 percent decline after the strong growth of the previous 24 months. In fact, this is the second lowest number of total union certifications since 1990.
Successful granting of certifications has also dropped precipitously from 521 last year to 307 this year for a decline of 41 percent. This represents the largest percentage drop in successful certifications since 1990.
The Stats: decertifications
While the unions have done poorly in winning new certifications throughout 2001/2002, they have really taken it on the chin when decertifications are counted.
Total applications for union decertification have increased from 107 to 162. The largest aggregate increase in 12 years.
This represents a jump in attempted decertification of 51 percent. Looking back we see this is the highest percentage increase in attempted decertifications in the last 12 years.
More attempted decertifications are also successful. Granted decertifications have soared from 59 to 85 for a 44 percent increase.
A tiny bright note for the unions is that the ratio of granted or successful decertifications compared to the total attempted decertifications (decertification success factor) has dropped from 55 percent to 52 percent. This means slightly fewer decertifications were accepted this year compared with last, but the number is so small, it gives the unions little solace.
Reading the numbers
What do all these numbers mean? First, legislation clearly is making it tougher to certify and easier to decertify a union. Second, it would appear that pessimism and fatigue are setting in as fewer unions are attempting certification and those that do are stumbling more frequently.
Finally, decertifications are working their way through the system so the ultimate impact of this reduction in union activity is still to be determined. The only way of assessing the results of union decertification is by looking at contract renewals that come up only every two to three years at most companies.
In this corner
A glance at the statistics is all that is needed to show unions are on the ropes when it comes to growth. For them, this seems likely the worst period of growth in the past dozen years with almost every number far below the average success rate.
Both unionized and non-unionized employers may be sighing in relief since the likelihood of union certification has lessened considerably over the past few months.
These companies, however, must continue to be as innovative as possible if they hope to remain union free or begin decertification.
Some immediate areas of action include: cleaning up the corporate grievance and dispute resolution process, ensuring consistent and fair policies and procedures, maintaining effective health and safety programs.
This is also the time to, address other human resource issues, such as turnover in skilled positions, respond to the management of top/poor performers and explore alternatives for increasing productivity.
While unionized employers cannot legally sponsor union decertification, they can borrow from successful non-unionized employers' ideas on how to create and maintain employment practices that obviate any perceived need for unions. This kind of innovation encourages and bolsters employees considering decertification of their union locals.
This report shows the traditional bout between unions and employers is far from over. During the 1990s, it was more often than not the unions who were feeling the canvas on their backs. They showed they could get back into the fray with a flurry of punches in 2000 and 2001. Today, with the help of Bill 139, employers are winning as the unions weaken.
But this is not a Lewis-Tyson event. The bout between labor and employer is not so much a spectacle as a long slugging match between two heavyweights. At the moment, unions may be on the ropes but they´ve shown over the past few years, they have the resilience to get up and go on. A KO is unlikely so the alternative is to pile up the points while the other guy is dazed. Round One went to the unions in 2000/2001. Round Two went to employers in 2001/2002. Hang tight for Round Three.
