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 Prince Edward Island. If you have a problem with a Union's actions that your Employer cannot address with the Prince Edward Island Labour Relations Board and the Union, you are expected to take it up with the Union or go to the Labour Board on your own, or with a lawyer. Generally, Employees are discouraged from approaching their Employer regarding a Union's actions.

In Prince Edward Island, in some cases, generally during certification applications, if you provide the Employer with the necessary information, the Employer may file an Unfair Labour Practice Complaint based on the inappropriate behaviour; however in most cases the Employer cannot do so. It may also be able to provide you with the name of a lawyer you can contact to assist you with your own application These situations are unusual so please read Question #1 of our Prince Edward Island Unfair Labour Practices FAQs. In fact, print and read all nine of the ULP FAQs.

While there are sections of the Prince Edward Island Labour 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 excellent information and resources available to Employees from Unions.

Get the Forms

First, when you join a Union you sign over your right to represent yourself to them, you abrogate your rights to represent yourself. So, when you want to file an application before the Labour Board you have to actually apply for the right to represent yourself. You apply for "Intervenor Status" using a Form 18.

Then you will file an Unfarir Labour Practice Complaint using a second Form called a Form 11. Both of these forms must be sworn before a notary or lawyer before filing them with the Labour Board.

Given the difficulty the average Employee may have with any legislation such as the Prince Edward Island Labour Act, take your time and complete the Form carfeully.

Our "How To Guide" is only meant to address situations where you believe a Union has violated the Prince Edward Island Labour Act regarding a Union's conduct towards Employees it is trying to unionize or with unionized Employees the Union actually represents.

Complete the Forms

The forms are very straight forward and self explanatory. The Form 11 will require that you know which section of the Prince Edward Island Labour Act you are saying has been violated. We have included the Section 10 excerpts from the Prince Edward Island Labour Act at the end of this document.

If you have any questions or are confused by the process please contact one of our Employee Advisors from the Contacts section of our website.

Timing the Filing of Your ULP Complaint

As there is not set process for a employee filing a ULP in Prince Edward Island we recommend that you file your documents as soon as possible. Timing is particularly important if your complaint is in regard to a Union certification application because if the Labour Board finds merit in your complaint they may stop the certification application altogether.

In short, file you complaint as soon as you feel there has been a contravention of the Prince Edward Island Labour Act.

Deliver Your Forms

Documents can be filed by hand, registered mail, or prepaid courier. The official office hours of the Labour Board are 8:00 am to 4:30 pm Monday to Friday. Documents are deemed to have been received by the Labour Board on the date that they were sent by registered mail or prepaid courier.

The Labour Board will accept documents sent by facsimile, with the original to follow by prepaid courier, registered mail, or hand delivery. It is likely the Labour Board will want the original documents so be sure and keep copies for yourself.

You can find the address and contact informaiton for the Labour Board on its website.

What Happens Next?

After the Labour Board receives your complaint an officer of the Labour Board will likely contact you and begin an investigation into your claim. If the officer cannot affect settlement they may call a hearing to decide the matter.

If they find that your complaint is valid they can order a range of actions from making he union stop whatever it had been doing, to penalties against the Union.

If your complaint is in regard to a certification campaign the Board may throw out the application if they believe the Union committed an unfair Labour Practice while getting cards signed.