Online certification votes are the new normal. This change presents challenges and opportunities for workers and their unions. By understanding how certification votes are being conducted during COVID-19, workers and unions can prepare strategically for union drives. Read on to learn how you can organize to win!
Mechanics of Online Voting
The BC Labour Relations Board is using the platform Simply Voting to conduct online votes, and has been since earlier in the summer. The Ontario and Canada labour boards are using this platform too. Simply Voting sends encrypted, single-use ballots to voters by email.
To set up online certification voting via Simply Voting, the Board needs employee email addresses. It gets these from the employer, from union cards, or, if necessary, from employees directly. As usual, a tentative voters’ list is presented at or prior to the certification hearing. If either party objects to a name on the list, Simply Voting allows the Board to virtually double-seal ballots so that the vote can go ahead and those objections can be decided afterwards. If the objection is successful, the double-sealed ballot won’t be counted – just like a paper ballot double-sealed in an anonymizing envelope.
Online votes are typically scheduled to stay open for a 24-hour period, partially overlapping with the Board’s hours of operation in case of additions to the voting list or technical issues.
At the end of the voting period and after objections have been resolved, the employer and union join the returning officer via zoom to see the results over a shared screen.
Potential Benefit: Faster and More Private Voting
An online vote can open as quickly as the day after a certification hearing. This is significantly faster than in-person voting, which typically takes a few days to set up. A shorter window between the certification application and the vote limits the opportunity for employers to wage anti-union campaigns.
Voting from a worker’s own smartphone, tablet, or home computer can also help a worker feel confident that the process is entirely private. In-person votes are normally held at workplaces, which can add stress and a feeling of surveillance, especially for workers who are not working on the day of the vote and have to come in just for that purpose. With online voting, an employer has no way of knowing which employees have even participated in voting, and workers don’t feel the psychological pressure of being in an employer-controlled space.
Potential Pitfalls: Accessibility for the most Vulnerable Workers
While online voting has an immediate appeal to many of workers and unions, it can present a significant obstacle too.
There are many workers who cannot easily access an emailed ballot. Unions need to be aware of language, technology, and access barriers among their potential membership. Workers who are not literate in English or who do not have or use email accounts will have difficulty participating. These workers tend to be among the most vulnerable in the workforce and most in need of union representation: older immigrant workers, newcomers to Canada, and low-wage workers. Online voting might not be accessible and risks leaving those most in need of union representation behind.
Some of these barriers may be ameliorated by requesting translated instructions or making sure that workers know how to access technical support. Unions can work with their inside organizers to identify workers who need extra support and make sure they get it.
Mail-in voting - not recommended
If an online vote is not possible, the other obvious COVID-safe option is to have the vote conducted by mail. However, there are important reasons why mail-in voting is not ideal.
Mail-in votes take weeks and significantly prolong the opportunities for anti-union pressure at work. While workers wait for ballots and wait for the vote to close, employers have plenty of time to try to sway their votes. It is stressful for everyone at a workplace to wait weeks to find out whether the vote has succeeded. That period of uncertainty should be avoided if at all possible.
Mail-in voting also doesn’t resolve the problem of access for workers who are not literate in English. Mail-in ballots require more effort from workers to participate – completing and mailing a paper ballot rather than just clicking a link – so that workers who have limited understanding or feel intimidated or uncertain about the process might not exercise their right to vote.
In-person voting during COVID
Where an online vote isn’t appropriate (for the accessibility reasons discussed above) we recommend that unions request in-person votes where possible. The Board’s “Policy for the Conduct of In-Person Votes” provides guidance on how to request an in-person vote. Unions applying under this policy need to be ready to explain the necessity of an in-person votes and to propose a detailed plan for safe in-person voting.
There are many ways to enhance COVID safety during a certification vote. Voting places can be situated in large ventilated rooms, or even outdoor spaces such as patios or courtyards if these are available. Plexiglass barriers can be erected, and 2-metre markings placed on the floor. It is not clear whether the Board has this type of equipment on hand, but it is readily available as can be seen in any grocery store, bank, or pharmacy during the pandemic.
As the COVID pandemic continues, we are all finding ways to safely do the things we need to do in our lives and as a society. The provincial election is set to take place in a few weeks’ time, including by in-person voting. If we can manage millions of British Columbians safely voting in person, we can manage certification votes in person too. We strongly recommend pushing for in-person votes where online voting is not appropriate, rather than agreeing to mail-in ballots.
Practical Tips for Unions
collect email addresses early, ideally on union cards
canvass potential barriers to accessing online voting
consider whether barriers can be overcome through translated materials etc.
if an in-person vote is necessary seek legal advice and assistance to create a strong application
during the online voting window, keep in touch with workers to make sure everyone receives their ballots and can vote
contact the Board immediately if anyone does not receive a ballot or other problems are encountered
Now more than ever, workers need unions! Online voting can help make that happen.
This blog post is general information only and does not comprise legal advice. If you need advice about your particular situation, please contact Nicole .