Saskatchewan  -  Non-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 Sasckatchewan. If you have a problem with a union's actions that your employer cannot take to the Saskatchewan Labour Relations Board and the union, you are expected to take it up with the union or go to the SLRB yourself, or with a lawyer if you can find one to help you or you can afford to hire a lawyer. Generally, employees are discouraged from approaching their employer with concerns about what a union is doing or has done.

Similarly, in Saskatchewan, employers are discouraged from offering assistance to you if you have concerns with the union's actions. However, while the employer may not pay the legal fees of employees, there are times when Unfair Labour Practices (ULP) against the union could be raised by an employer. Please read Question 1 of the Saskatchewan Unfair Labour Practices FAQs in our Downloads section for more information. In fact, print and read all nine of the ULP FAQs.

There are many sections of the Saskatchewan Trade Union Act about Unfair Labour Practices, most relate to the things that happen between employers and unions. Our website only looks at issues between employees and unions. The union that wants to unionize you or has unionized you, should help employees who want to file a ULP against their employer. LabourWatch does not attempt to duplicate the information and resources that unions have and should help employees with.

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 they may testify in a case under the Saskatchewan Trade Union Act, or because they have made or are about to make a disclosure that may be required of them in a proceeding under the Saskatchewan Trade Union Act, or because he has made an application or filed a complaint under the Saskatchewan Trade Union Act, or because they have participated in or are about to participate in a proceeding under the legislation.

Get the Forms

When you work for a unionized employer, you give up your rights to represent yourself to your employer about everything related to your work. So, when you want to file an Unfair Labour Practice complaint with the SLRB you have to actually apply to get your rights back. You have to apply for and get "Intervenor Status".

If you are not unionized and your complaint is about a concern you have with what a union has done in trying to unionize your workplace then you also have to apply for and get "Intervenor Status" so that you can have the SLRB hear your complaint.

The SLRB does not have a specific form for doing this so LabourWatch has modified one of the other forms on the SLRB web site to help you. Our form is attached to this document.

You will need to complete and file the Notice of Intervention and the Unfair Labour Practice Complaint forms. You will also need three extra signed copies of the Notice of Intervention Form, and five signed extra copies of the ULP Complaint Form. Remember that one of the copies is for your own records.

Complete the Forms

When you complete the Forms, the SLRB requires that everything you write down is in clear simple statements of fact. You should explain things that happened, or things that should have happened, but didn't. Make sure you write carefully and as simply as possible, explain everything. Use as many pages as you need.

The Notice of Intervention is fairly simple. In Section 1 you would include the information about you, and the name of the union or person from or doing things for the union that you are complaining about. Section 2 is where you would explain that you are seeking Intervenor Status so you can file an Unfair Labour Practice Complaint.

Timing the Filing of Your ULP Complaint

The law is that you have 90 days to file your complaint. To be clear: you must file it within 90 days of when it happened, or you learned that it happened. The law states that the SLRB may refuse to hear your case if you file more than 90 days after you knew, or if the SLRB decides that you should have known. Finally, the union can agree to the 90 day deadline being extended.

If you are complaining about things a union said or did during a drive to unionize you and you oppose the drive – you should to file immediately. You may want to speak with one of the Employee Advisors in your area - they are listed on the LabourWatch site. If the SLRB receives a ULP after the certification has been granted it will be too late.

Deliver Your Forms

You should file the original and two signed copies on the Notice of Intervention with the SLRB. File the original and three copies of the Unfair Labour Practice complaint. Remember to keep copies for yourself.

You can send them by hand delivery, courier, or registered mail. Registered mail can be slow so we do not recommend that.

Do not fax them.

What Happens Next?

If the SLRB agrees (all or in part) that the union committed an Unfair Labour Practice, they can order union to stop whatever it was doing. Also, the ULP may affect use of the cards as evidence of support for a certification drive, and in certain cases they may order the union to pay your legal fees to challenge what occurred.

Updated: 2009-05-16
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