Manitoba  -  Construction
How to File a ULP Complaint

Introduction

At this time there is no "Employee Advisor or Ombudsman" funded by taxpayers or union dues to help you address concerns about a Union in Manitoba. If you have a problem with a Union's actions that your Employer cannot address with the Manitoba Labour Relations Board and the Union, you are expected to take it up with the Union or go to the MLRB yourself, or with a lawyer. Generally, Employees are discouraged from approaching their Employer regarding a Union's conduct.

Similarly, in Manitoba, Employers are discouraged from offering assistance to you if you have concerns with the Union's actions. However, while the Employer may not pay legal fees of the Employees, there are times that Unfair Labour Practices (ULP) against the Union could be raised by an Employer. These situations are unusual so please read Question 1 of the Manitoba Unfair Labour Practices FAQ in our Downloads section for more information. In fact, print and read all nine of the ULP FAQs.

While there are many sections of the Manitoba Labour Relations Act about Unfair Labour Practices, most relate to the relationship between Employers and the Union. We will only address those between Employees and the Union. The Union will provide significant help to Employees who want to file a ULP against the Employer and LabourWatch does not attempt to duplicate the information and resources available from them.

Unions are prohibited from discriminating against a person in regard to employment or a term or condition of employment, or intimidating or coercing or imposing a monetary or other penalty on a person, because of a belief that he may testify in a proceeding under the Manitoba Labour Relations Act, or because he has made or is about to make a disclosure that may be required of him in a proceeding under the Act, or because he has made an application or filed a complaint under the Manitoba Labour Relations Act, or because he has participated in or is about to participate in a proceeding under the legislation.

Get the Forms

The MLRB has a form (Form XIII) specifically for Employees who want to file a ULP.

As well, with any application made to the MLRB you must file a "Form A." Both of these forms are attached to this download.

Complete the Forms

When you complete the forms, the MLRB requires that all statements should be concise statements of material facts, actions or omissions, so make sure you carefully explain everything. Use extra pages if necessary.

Specifically, the MLRB requires that the person making the complaint should detail:

  • actions or omissions complained of, where and when they occurred, and the name of the person or names of the persons who allegedly engaged in or committed them but not the evidence by which the material facts, omissions or actions are to be proven (the evidence can be presented later);
  • where the improper or irregular conduct constituted a violation of the Manitoba Labour Relations Act (or is contravening or violating the Act).

Form A looks cluttered but is straightforward to complete and as stated above, must accompany all filings at the MLRB.

Form XIII is even easier to complete but you must know which section of the Manitoba Labour Relations Act you claim has been contravened. We have included a list of the ULP sections of the Manitoba Labour Relations Act at the end of this document.

Timing the Filing of Your ULP Complaint

The MLRB may refuse to accept a complaint filed where, in the opinion of the MLRB you "unduly delayed" filing the complaint after the occurrence (or after the last occurrence) of the alleged Unfair Labour Practice.

So don't wait too long to file your ULP.

Deliver Your Forms

The MLRB will want you to file these documents in triplicate, the original, and two copies. When you make copies don't forget to make one of everything for your own records.

What Happens Next?

The Manitoba Labour Relations Act states quite specifically that:

Where the board finds that a party to a hearing under this section has committed an unfair labour practice it may, as it deems reasonable and appropriate and notwithstanding the provisions of any collective agreement,

  1. order a party which is an employer to reinstate in employment any employee whose employment has been terminated by reason of the unfair labour practice; or
  2. order any party which is an employer to employ any person who has been refused employment by reason of the unfair labour practice; or
  3. order any party which is a union to reinstate as a member of the union any person whose membership in the union has been terminated by reason of the unfair labour practice; or
  4. order the party to pay to any person referred to in clause (3)(b) an amount in compensation for the diminution of income or other employment benefits or other loss suffered by the person; or
  5. where the unfair labour practice interfered with the rights of any person under this Act but the person has not suffered any diminution of income or other employment benefits or other loss by reason of the unfair labour practice, order the party to pay to the person an amount not exceeding $2,000.; or
  6. where the unfair labour practice interfered with the rights of a union, employer or employers' organization under this Act, whether or not the union, employer or employers' organization has suffered any loss by reason of the unfair labour practice, order the party to pay to the union, employer or employers' organization an amount not exceeding $2,000.; or
  7. order the party to cease and desist any activity or operation which constitutes the unfair labour practice; or
  8. order the party to rectify any situation resulting from the unfair labour practice; or
  9. order the party to do, or refrain from doing, anything that is equitable to be done or refrained from in order to remedy any consequence of the unfair labour practice; or
  10. do two or more of the things set out in clauses (a) to (i).
Updated: 2006-09-04
Advancing Employee Rights
Federal or Province
Caution

In most cases you will select the province where you work.

However, select "Federal and Territories", if any of the following apply:

  • You live in Northwest Territories, Nunavut or Yukon.
  • You work as a federal civil servant anywhere in Canada.
  • You work in one of the following industries:
    • airports or air transportation
    • broadcasting - radio, television or cable television
    • telecommunications
    • banking
    • fisheries (but only if your business relates to the protection and preservation of fisheries as a natural resource)
    • shipping and navigation (including loading and unloading vessels)
    • grain handling
    • uranium mining and processing
    • certain federal crown agencies
  • You work in one of the following industries AND (a) your activities connect one province to another OR (b) extend beyond the limit of one province:
    • air transport
    • canals
    • ferries, tunnels and bridges
    • highway transport of good or passengers
    • railway transport of goods or passengers