Secret Ballots and Audits for Quebec Unions

Summary#

• This Quebec bill changes the Labour Code to make union practices more transparent and democratic.

• It bans any rule that makes union membership a condition to get or keep a job, requires secret‑ballot votes for union recognition, creates a vote to keep a union at the end of each contract, and makes unions publish audited financial statements.

• Key changes:

  • No employer or sector decree can require workers to be union members as a hiring condition.
  • Union recognition must always be decided by a secret‑ballot vote; card‑count methods are removed.
  • At the end of each collective agreement (or arbitration award), the union must win a secret‑ballot vote to keep its official status.
  • Unions must give members audited financial statements each year and send them to the Labour Minister, who must post them online within 30 days.
  • If an employer doesn’t respond within 15 days to a proposed bargaining unit, it is treated as agreed.
  • The usual rule that keeps a contract in place after decertification does not apply when a union loses the end‑of‑contract vote.
  • The government may set transition rules. The law would take effect on January 1 after it is signed.

What it means for you#

• Workers

  • You cannot be forced to be a union member as a condition of being hired or staying employed.
  • When a union seeks to represent your workplace, you will vote by secret ballot.
  • Near the end of each contract, you will vote by secret ballot on whether to keep your current union.
  • You will be able to see your union’s audited financial statements online and can ask for a free copy.
  • If your union loses the end‑of‑contract vote, the union’s legal status ends at contract expiry, and normal contract carry‑over rules tied to union status would not apply.

• Union members and officers

  • Certification will always require a secret‑ballot vote; card‑check thresholds will no longer apply.
  • You must hold a confirmation vote at the end of each contract (or arbitration award) to keep certification.
  • You must prepare annual financial statements audited by an independent auditor, give them to members, and file them with the Minister by June 30 for public posting.
  • Plan for added compliance work and costs (audits, filings, more votes).

• Employers

  • Every certification request will involve a secret‑ballot vote run under Labour Board rules.
  • If you disagree with a proposed bargaining unit, you must explain why and propose an alternative within 15 days or you are deemed to agree.
  • If a union loses its end‑of‑contract vote, some post‑contract carry‑over obligations linked to the union’s status would not apply.

• Government (Labour Ministry and Tribunal)

  • More votes to administer because all certifications need secret ballots.
  • Receive, review for completeness, and post union audited financial statements within 30 days.

Expenses#

Estimated ongoing costs: added compliance costs for unions; small to moderate administrative costs for the province.

• Unions: Annual independent audits and filing duties will add costs and staff time, especially for small locals.
• Government: More secret‑ballot votes to run and financial statements to process and post.
• Employers and workplaces: Minor time costs tied to holding votes.

Proponents' View#

• Secret‑ballot voting for all certifications protects free choice and reduces pressure during union drives.
• Regular end‑of‑contract votes keep unions accountable to members.
• Banning mandatory membership respects individual freedom while allowing workers to choose.
• Public, audited financial statements improve transparency and trust in how dues are managed.
• Clear deadlines for employers and standardized voting rules make the system simpler and fairer.

Opponents' View#

• Removing card‑check and requiring votes for every certification can make organizing harder and lengthen timelines.
• Banning mandatory membership can create “free riders” who benefit from contracts without joining, which may weaken unions over time.
• Forced recertification at each contract’s end may create instability, more campaigns, and more conflict at work.
• Annual independent audits and public posting add costs and may expose sensitive information, which can be hard for small locals.
• Ending usual contract carry‑over rules after a lost vote could lead to sudden loss of protections at expiry.