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If the Prince Edward Island Labour Relations Boardupholds a complaint, it may order a remedy that is not aimed at punishing the party that committed an infraction, but rather at putting the complainants in the position they would have been in had the infraction not occurred.
It is important to identify who it was that broke the law, because the Labour Board applies a different standard of conduct for Employee organizers or Union supporters, than for the people that the Union pays to organize your workplace. The Labour Board considers whether the Union has acted illegally, but also whether the illegal conduct actually influenced anyone to sign a card. If the illegal conduct didn't change the Employee's mind, the Labour Board has usually dismissed the objection.
Some of the other possible remedies, depending on the ULP complaint would be:
- If it occurs during a certification drive, the Labour Board may throw out the certification application.
- They would require the Union to remove any discipline applied against a Union member.
- Require the Union to pay an Employee for any money lost because the trade Union did not follow the law.
Generally, the more serious the breach of the Prince Edward Island Labour Act the more serious the penalty.