The Certification Process
NPCOPA, as an employee organization, will apply to the Federal Public Sector Labour Relations Board (“the Board”) for certification as the bargaining agent for a proposed bargaining unit. In this Application for Certification, NPCOPA will propose a description of the unit appropriate for collective bargaining (i.e., who would constitute the union’s Membership, if certified). The law requires that NPCOPA must prove that it only represents RCMP Members and is not affiliated with another bargaining agent that represents non-RCMP Members.
In its Application for Certification, NPCOPA will also argue that the current restrictions on its ability to unionize violate the constitution (i.e., the Charter of Rights and Freedoms). Likely at this point, the Board will schedule a hearing to consider the constitutional issue.
The Application for Certification must be accompanied by documentary evidence to demonstrate that a majority of the employees in the proposed bargaining unit support the NPCOPA representing them. To show this support, NPCOPA will ask its Members to sign Membership Cards, which NPCOPA will attach to the Application for Certification.
The Board will fix a “closing date” for the Application between 15 and 40 days from when the Application is filed. During this period, the Employer must post copies of the Application for Certification in the workplace. The Employer may also file a brief reply. Finally, Members may file a statement of opposition if they object to the Application for Certification.
After receiving the Application for Certification, the Board will determine the appropriateness of NPCOPA’s proposed bargaining unit.
At this stage, the Board will likely intervene to schedule a hearing regarding the Charter issue. This process will likely take 1-2 years for the Board to hear and render a decision on the constitutional/Charter issue.
The Employer will have the opportunity to apply to the Board for an order to exclude a position from the NPCOPA’s proposed bargaining unit because the position is managerial or confidential in nature.
If the Employer applies to exclude positions, the Board will provide NPCOPA with the opportunity to defend against the Employer’s exclusion application.
After determining that the proposed unit is appropriate for collective bargaining, the Board must certify NPCOPA as the bargaining agent if the Board is satisfied that a majority of the employees in the bargaining unit wish NPCOPA to represent them. The Board often determines this majority by ordering a representation vote.
If the Board certifies NPCOPA, NPCOPA becomes the exclusive authority to collectively bargain on behalf of its Members.
Not an NPCOPA Member?
Signing the Membership Drive - Certification Process is separate and distinct from becoming a member of the National Police Commissioned Officers Professional Association (NPCOPA).
You may choose to support the Certification Process without becoming a member of NPCOPA.
However, we strongly encourage you to also consider becoming a member so you can stay informed, receive updates, and support the association's ongoing work on behalf of Commissioned Officers.
