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Over the past number of months, many workers have understandably been asking questions about the timelines at the Canada Industrial Relations Board (CIRB), why some applications move quickly while others take significantly longer, and what is currently happening with several of the WestJet applications before the Board.
These are fair questions.
Before getting into the current delays, it is helpful to understand what a “typical” federal certification process normally looks like.
Under the Canada Labour Code, workers have a legal right to join a union and engage in collective bargaining. The normal certification process generally unfolds in several stages: (Join Unifor)
- Workers sign confidential union membership cards.
Federal law requires a signed membership card and a $5 membership fee. Employers never receive copies of signed cards and do not know who supported the organizing effort.
- The union files an application for certification with the CIRB.
If the union has majority support within the proposed bargaining unit, the CIRB can move toward automatic certification or the CIRB may order a secret ballot vote.
- The CIRB reviews the application and evidence.
This includes reviewing employee classifications, bargaining unit scope, membership evidence, and any objections raised by the employer.
- Certification or vote.
If the Board determines the union has majority support within an appropriate bargaining unit, certification may be granted. If support levels or legal issues require it, the Board may order a representation vote.
- Workers elect bargaining representatives and begin bargaining a first collective agreement.
Once certified, workers elect bargaining committee members from their workplace and begin negotiations toward their first collective agreement covering wages, scheduling, benefits, protections, grievance procedures, vacations, and other workplace rights.
When Applications Move Quickly
In straightforward applications where the employer does not dispute the proposed bargaining unit, certifications can move relatively quickly.
For example, Unifor recently organized Porter Airlines Network Operations workers at Billy Bishop Airport and received certification in approximately 30 days because there were no major employer objections. More recently, Unifor organized AGI customer service workers at Edmonton International Airport supporting United Airlines and Alaska Airlines and that certification also moved through in roughly 30 days.
What Slows the Process Down?
The WestJet Crew Scheduler Application
Where timelines become significantly longer is when the employer challenges the application.
A clear example is the WestJet Crew Scheduler application filed on May 26, 2025. In that case, WestJet argued that all Crew Schedulers, including Encore related operations, should be treated as one broader group. The union’s position, based on discussions with workers and evidence gathered during the organizing process, was that mainline and Encore scheduling operations represented separate communities of interest. Even in prior dispatcher organizing efforts, separate applications had historically been filed.
That matter has now been before the CIRB for nearly a year, which from our perspective appears excessive. We also filed an unfair labour practice complaint in connection with that matter.
Possible Outcomes in the Crew Scheduler Case
Ultimately, the Board will determine one of two outcomes:
• The CIRB agrees with the union that the mainline schedulers constitute a separate bargaining unit, which would likely result in an automatic certification for that group.
• Or the CIRB agrees with the employer that all schedulers should form one broader unit, which would likely require a representation vote for the larger group.
The WestJet Contact Centre Application
The Contact Centre application presents similar complexities.
As many of you know, Unifor filed the Contact Centre application in mid December 2025. The employer has challenged aspects of the proposed bargaining unit and has argued that certain classifications, including Groups and APPR related positions, should not be included in the scope of the application.
The union’s position remains that there is a clear community of interest among the classifications identified in the certification application.
What the CIRB May Need to Determine
However, where the process becomes technical is that the CIRB may now need to:
• Examine each classification individually.
• Determine whether each classification belongs within the bargaining unit.
• Determine how many employees are within each classification.
• Review how many valid membership cards exist within those classifications.
• Recalculate the final size of the proposed bargaining unit.
• Determine whether sufficient majority support exists for automatic certification or whether a representation vote must be ordered.
Why There Is No Clear Timeline
This process requires the Board to carefully review both legal arguments and evidence submitted by all parties before issuing a decision.
Unfortunately, once applications become legally contested, timelines can become unpredictable and everyone involved becomes somewhat dependent on the Board’s internal processes and scheduling.
We have seen similar delays before. In previous Porter applications in Halifax and Ottawa, the employer challenged whether supervisors should be included in the bargaining unit. The union ultimately succeeded in those matters, but those cases also extended beyond the shorter timelines workers often hear associated with straightforward certifications.
Final Thoughts
We know the waiting can be frustrating.
What is important for everyone to understand is that delays do not mean workers have failed, support has disappeared, or the process has stalled because of a lack of interest from employees. In large part, these delays are tied to legal challenges and procedural disputes raised during the certification process itself.
We appreciate the continued patience, support, and solidarity shown by workers throughout these applications. We will continue to provide updates as decisions are issued or as meaningful developments occur.
In solidarity,
Unifor Organizing Team
Billy O'Neill
Unifor National Representative, Organizing
416.605.1443
billy.oneill@unifor.org
Lucy Alessio
Unifor National Representative, Organizing
416.998.3189
lucy.alessio@unifor.org