Quebec  -  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 Quebec. If you have a problem with a union's actions that your employer cannot address with the Québec Commission des relations du travail ("Commission or CRT) and the union, you are expected to take it up with the union or go to the Commission on your own, or with a lawyer. Generally, employees can't approach their employer to provide any assitance regarding a union's actions.

Similarly, Quebec employers are discouraged from offering assistance to you if you have concerns with the union's actions. While they may not pay legal fees of the employees, there are times that an Unfair Labour Practice (ULP) complaint against a union could be raised by an employer. These situations are unusual so please read Question 1 of our Quebec Unfair Labour Practices FAQs. In fact, print and read all nine of the ULP FAQs.

While there are many sections of the Québec Labour Code 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 excellent information and resources available to employees from unions.

Get the Forms

The Commission does not have a process specifically for filing an Unfair Labour Practice issued by employees. You could just use a letter explaining your complaint to the Commission. 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 simple. 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 completing 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 Québec Labour Code. There is a section of the Form for you to name the section of the Québec Labour Code you think has been violated.

Timing the Filing of Your ULP Complaint

There are some references in the Québec Labour Code to how long you 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.

Deliver Your Forms

You must send your forms to the Commission by hand-delivery, courier or even registered mail, and keep proof of delivery. They will request the originals so make sure to keep copies of everything for yourself.

Don't fax them.

What Happens Next?

Again, the Commission has no set process for dealing with Unfair Labour Practices but it is likely that they would appoint an Investigator who would meet with you and probably meet with the union also. The Investigator would then submit a report to the Commission.

They may immediately call a meeting with you and the union together.

If the Commission finds in favour of your complaint they will likely order the union to correct the behaviour and in more serious cases, fine them.

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