Newfoundland and Labrador  -  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 Newfoundland and Labrador. If you have a problem with a Union's actions that your Employer cannot address with the Newfoundland and Labrador Labour Relations Board and the Union, you are expected to take it up with the Union or go to the NLLRB yourself, or with a lawyer. Generally, Employees are discouraged from approaching their Employer regarding a Union's conduct.

Similarly, in Newfoundland and Labrador, 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 Newfoundland and Labrador 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 Newfoundland and Labrador 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.

Get the Forms

The NLLRB does not have a process specifically for filing an Unfair Labour Practice. Theoretically you could just use a letter explaining your complaint to the NLLRB. However, LabourWatch has designed a form for you to use. It is attached to the end of this document.

Complete the Forms

The form we have made up is very straight forward. Put in as much detail as possible, attach extra pages if you need them. If you have a lawyer enter their name in as Counsel. If you are having trouble completeing the form, or understanding anything you may want to contact one of our Employee Advisors in your area. Go to our Contacts page for a list of them.

We have attached excerpts from the Newfoundland and Labrador Labour Relations Act. There is a place on the Form for you to name the section of the code you are feel has been breached.

Timing the Filing of Your ULP Complaint

There are some references in the Newfoundland and Labrador Labour Relations Act about how long have to file a complaint under some sections. However, as there is no official procedure regarding ULP's we would suggest that the best rule is to file your documents as soon as possible.

If you are making a complaint about Union conduct during a certification drive you should be especially careful about filing your complaint as soon as possible. If the NLLRB feels your complaint has merit they may throw out the certification appllication. If you wait too long though the Union may be certified and your complaint will probably not be heard then.

Deliver Your Forms

You can send your ULP documents by fax, hand-delivery, courier or even registered mail. They will want the originals so make sure to keep copies for you.

The contact information for the NLLRB is available on its website.

What Happens Next?

The Newfoundland and Labrador Labour Relations Act has some specific language about what it will do in the event of an Unfair Labour Practice. It includes from making the Union stop what it has been doing up to awarding monetary damages to you.

If the Union does not stop, or refuses to pay any damages the Newfoundland and Labrador Labour Relations Act states that they may then file the order with the Supreme Court of Canada.

Updated: 2009-12-13
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