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Unfair Labour Practice Complaint

What is an unfair labour practice complaint?

The Labour Act guarantees employers, employees and trade unions the right to free collective bargaining. To protect these rights the Act prohibits certain types of unacceptable conduct.

An unfair labour practice complaint arises when an employer, trade union or an individual is alleged to have breached the provisions of Section 10 or other sections of the Labour Act.

Examples of non-compliance by an employer

Terminating or discipling an employee for joining or organizing a trade union
Bargaining with one trade union for a unit that is represented by another union
Making it a condition of employment that a person not join a trade union

Examples of non-compliance by a trade union

Bargaining collectively or signing a collective agreement where another union is known to be the bargaining agent.
Interfering with or participating in the formation of an employers' organization
Attempting to organize on the employer's premises during an employee's working hours without the consent of the employer
Using coercion, intimidation, threats, promises or undue influence to encourage trade union membership.

What happens when an unfair labour compliant is filed?

Usually, the Board appoints an officer to look into the complaint and try to assist the parties to resolve it between themselves. If the complaint remains unresolved, the Board may hold an informal or formal hearing, at which the parties will have an opportunity to present evidence and arguments.

If the Board finds the complaint is justified, it may take whatever interim or final action it feels is necessary to rectify the breach of the Act.

Forms

Unfair Labour Practice Complaint (LRB)

Printable version of this form [23 KB PDF File]

Contact

Charlottetown

J. Elmer Blanchard Building