Who do I contact about a problem concerning hours of work, wages, overtime, holidays or holiday pay, meal or coffee breaks, maternity/parental leave etc.?

These issues fall under The Labour Standards Act and are dealt with by the Labour Standards Branch of Saskatchewan Ministry of Advanced Education, Employment and Labour. If you are unionized, you may also discuss these matters with your union representative.

Who do I contact about unsafe working conditions?

Occupational health and safety issues fall under The Occupational Health and Safety Act and are dealt with by the Occupational Health and Safety Branch of Saskatchewan Ministry of Advanced Education, Employment and Labour or by internal occupational health and safety committees in the workplace. If you are unionized, you may also discuss these matters with your union representative.

Who do I contact about harassment or discrimination in my workplace?

Allegations of harassment and discrimination in the workplace are generally dealt with by the Saskatchewan Human Rights Commission or through an internal complaint process in the workplace. If you are unionized, you may also discuss these matters with your union representative.

What can I do if I am laid off or if my employment is terminated?

If you are unjustly laid off or terminated from a workplace that is not unionized, you should contact a lawyer or the Labour Standards Branch of Saskatchewan Ministry of Advanced Education, Employment and Labour for assistance.

If you are unjustly laid off or terminated from a workplace that is unionized, you should contact your union representative for assistance.

Does the Labour Relations Board represent me or act for me if I have an employment problem?

The Board is a neutral adjudicator of disputes -- it does not take the side of any party. Board staff can provide copies of legislation and forms and information about the Board's processes and decisions, but cannot provide legal advice or assistance on how to successfully conduct a case before the Board.

If you require legal advice or assistance, contact your lawyer. If you do not have a lawyer, the Law Society of Saskatchewan can refer you to a lawyer who practises labour law.

How does a workplace become unionized?

In order to obtain a certification order for a workplace, a trade union must file an application for certification in the proper form. The application must be accompanied by evidence of support (support cards) from a majority of employees in the suggested bargaining unit. The evidence of support is kept confidential by the Board and the employer is not aware of which or how many of its employees support the union.

The employer is asked to provide a statement of employment which is essentially a list of employees in the suggested bargaining unit.

The Board reviews the evidence of support and the statement of employment to ensure that there is majority support for certification, that the suggested bargaining unit is appropriate and that the applicant is a trade union. If all of these factors are present, the Board may issue a certification order without a vote.

Once a certification order is issued, that bargaining unit is unionized in the workplace.

See also The Certification Process - The Decision to Apply for Certification and The Certification Process - Questions Employers Ask.

How can I join or start a union?

Each union has its membership rules and should be contacted directly by prospective members. If you are uncertain as to which union to join, you could check with an umbrella organization such as the Saskatchewan Federation of Labour or, in the construction industry, the Saskatchewan Provincial Building and Construction Trades Council.

If you decide to form your own trade union, you must establish that your association is a properly constituted entity which is genuinely committed to carrying out the duties of a trade union, particularly the obligation to bargain collectively on behalf of its members. To be properly constituted, according to the Board’s decision in Deer Park School Division #26 v. Deer Park Employees Association, [1991] 2^nd Quarter Sask. Labour Rep. 41 an association must establish that:

1. It has a suitable constitution;
2. The constitution was adopted by the employees;
3. The employees acquired membership in the association in accordance with the constitution; and
4. The members of the association elected officers with authority to engage in collective bargaining and conduct the affairs of the association.

What duty does my union owe to me?

Section 25.1 of The Trade Union Act says that a union must fairly represent its members in grievance and arbitration proceedings. A union does not necessarily have to carry out the wishes of every employee or place the interests of one member above the interests of another member. As long as a union has not made an arbitrary, discriminatory or bad faith decision, it will have met its duty under s. 25.1.

If a union acts conscientiously and takes into account all relevant factors in making a decision, that decision is likely not arbitrary. A discriminatory decision is one which draws distinctions between union members on illegitimate grounds. A bad faith decision is one which is motivated by malice, hostility, favouritism or personal considerations.

Unless a union's decision is arbitrary, discriminatory or in bad faith, the Board will not find a breach of the duty of fair representation, even if the Board does not agree with the decision that the union made.

How can I apply to decertify my workplace?

There are only 30 days each calendar year during which an application for rescission may be filed with the Board. The way to calculate this 30 day period is found in s. 5(k) of The Trade Union Act.

If there is a collective bargaining agreement in place between the union and the employer, the 30 day period runs from 60 days before the anniversary of the effective date of that collective agreement until 30 days before the anniversary of the effective date of that collective agreement.

If there is no collective bargaining agreement in place between the union and the employer, the 30 day period runs from 60 days before the anniversary of the date of the certification order until 30 days before the anniversary of the date of the certification order.

The application for rescission must be made by an employee and must be accompanied by evidence of support from a majority of employees in the bargaining unit. Each individual supporting the application must sign an individual written statement which is dated, identifies the union and the employer, indicates that the individual signing no longer wishes the union to represent him or her in dealing with the employer and indicates that the individual signing supports the application for rescission. The original signed statements must be filed with the application for rescission. The evidence of support is kept confidential and neither the union nor the employer is aware of which or how many of the employees support rescission.

An employer may not make an application for rescission, nor may it influence or assist its employee(s) to do so. An employer influenced or assisted application may be dismissed without a vote pursuant to s. 9 of The Trade Union Act.

What rights does an employer have during a union organizing campaign?

See The Certification Process - Questions Employers Ask

What are the standard bargaining units in the construction industry?

Since 1979 the Board has issued certification orders in the construction industry for standard trade-based units. Some examples of these standard units are:

Labourers:

All labourers and labourer foremen employed by name of employer within geographical area or boundary.

Carpenters:

All journeymen carpenters, carpenters, carpenter apprentices and carpenter foremen employed by name of employer within geographical area or boundary.

Electrical:

All journeymen electricians, electrician apprentices, electrical workers and electrician foremen employed by name of employer within geographical area or boundary.

Operating Engineers:

All operating engineers, operating engineer apprentices and operating engineer foremen employed by name of employer within geographical area or boundary.

Ironworkers:

All ironworkers, ironworker apprentices and ironworker foremen employed by name of employer within geographical area or boundary.

Sheet Metal:

All journeymen sheet metal workers, sheet metal workers, sheet metal worker apprentices and sheet metal worker foremen employed by name of employer within geographical area or boundary.

Boilermakers:

All boilermakers, boilermaker apprentices and boilermaker foremen employed by name of employer within geographical area or boundary.

Insulators:

All insulators, insulator apprentices and insulator foremen employed by name of employer within geographical area or boundary.

Painters:

All painters, painter apprentices and painter foremen employed by name of employer within geographical area or boundary.

Plumbing:

All journeymen plumbers, steam fitters, pipe fitters, gas fitters, refrigeration mechanics, instrumentation mechanics, sprinkler fitters and all apprentices and foremen connected with these trades employed by name of employer within geographical area or boundary.

Millwrights:

All millwrights, millwright foremen and millwright apprentices employed by name of employer within geographical area or boundary.

Can I withdraw my support card filed on an application for certification or an application for rescission?

An individual may seek to withdraw his or her support card by forwarding an original signed and dated request to this effect to the applicant and to the Board at:

1600-1920 Broad Street
Regina, Saskatchewan
S4P 3V2

Faxed and e-mailed requests will not be considered. The original request should contain a return address for the individual signing it.

Please note that the Board has a policy of not considering evidence of support or withdrawal of support filed with it after an application for certification or rescission is received (see s. 10 of The Trade Union Act)

When can a union commence a strike?

Section 44 of The Trade Union Act says that a union may not commence a strike during the term of a collective bargaining agreement.

Where a collective agreement has expired and notice has been given under s. 33(4) of The Trade Union Act, the union may commence a strike if:

1. A strike vote has been taken by secret ballot among the employees in the bargaining unit concerned who are affected by the collective bargaining and a majority of those employees voting have voted in favour of a strike.
2. The union has given the employer or employer's agent at least 48 hours written notice of the date and time that the strike will commence and has promptly, after giving this notice, notified the Minister of Labour or the Minister's designate of the date and time that the strike will commence.

When can an employer commence a lock-out?

Section 44 of The Trade Union Act says that an employer may not commence a lock-out during the term of a collective bargaining agreement.

Where a collective agreement has expired and notice has been given under s. 33(4) of The Trade Union Act, the employer may commence a lock-out if:

1. The employer has given the union or union's agent at least 48 hours written notice of the date and time that the lock-out will commence and has promptly, after giving this notice, notified the Minister of Labour or the Minister's designate of the date and time that the lock-out will commence.