Under Canadian and provincial labour laws, there are certain rules that unions and employers must not violate. When there is a violation of these rules, it is considered an Unfair Labour Practice (commonly referred to as a “ULP”), in which case the interested party may apply to the Labour Relations Board in its respective jurisdiction for the appropriate remedy.
A ULP application may be filed, for example, when it is alleged that a union has coerced or intimated employees to certify a union or where the employer coerced or intimidated employees not to certify a union.
Once filed, all those affected are provided with a copy of the ULP complaint and its specifics. The parties will then have the opportunity to settle, normally through a mediation process. Where settlement is unsuccessful, the parties will then be referred for hearing.
Typically, the party who applied bears the burden of proof.
How can Zeilikman Law help?
Our experienced lawyers can provide the legal advice and guidance before the filing of a ULP application and throughout the lifetime of the application up to and including representation at the hearing.
At Zeilikman law, we understand the difficulties that can arise throughout this complex process; such as determining which specific sections of the relevant legislation have been violated and what steps are necessary to be taken next to put your best foot forward whether you are the applicant or the respondent.