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

If you are unjustly terminated or laid off from a workplace that is not unionized, you should contact a lawyer or the Employment Standards Division of the Saskatchewan Ministry of Labour Relations and Workplace Safety for assistance. If you are unjustly laid off or terminated from a workplace that is unionized, you should contact your union representative for assistance.

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 practices labour law.

Section 6-59 of The Saskatchewan Employment Act states that an employee who is or a former employee who was a member of the union has a right to be fairly represented by the union that is or was the employee’s or former employee’s bargaining agent with respect to the employee’s or former employee’s rights pursuant to a collective agreement and that a union shall not act in a manner that is arbitrary, discriminatory or in bad faith in considering whether to represent or in representing an employee or former employee. 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. 6-59. 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.

Since 1979 the Board has issued certification orders in the construction industry for standard trade-based units., sometime referenced as CRAFT units; Some examples of these 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.

Note: These units are not pre-determinative and each situation and application requires the Board's consideration as to the appropriateness of the proposed bargaining unit.

It is also acceptable to have Units which are for all-employee units in the construction industry given legislative changes which were introduced on July 1, 2010, when amendments to the Construction Industry Labour Relations Act (CILRA), provided the ability to apply pursuant to The Trade Union Act. As both these legislative authorities have been repealed, The Saskatchewan Employment Act does contain a Division 13, which clarifies the ability to organize by trade unit (craft) or by project. If they are however organized in two or more trades or craft or an all employee unit, Division 13 does not apply.

Click here for a guide for certifying a workplace.

Click here for a guide for the removal of a union from a workplace.

Division 8 of The Saskatchewan Employment Act states that a union may not commence a strike during the term of a collective bargaining agreement (s.6-30), and if applicable, the requirements under the Public Service Essential Services Act, have been met.

Where a collective agreement has expired and notice has been given under s. 6-26 of The Saskatchewan Employment Act, the union may not commence a strike until collective bargaining has taken place and if impasse is reached, the Minister considers the appointment of a labour relations officer, special mediator of establishes a conciliation board. If, the appointed person(s) produce a recommendation to the Minister, which is rejected by either party, or if the appointed person(s) do not produce a recommendation, then strike and/or lock out is possible, as stated in Division 8 of The Saskatchewan Employment Act. Strike action requires;

1. a cooling off period of 14 days following the appointed person(s) recommendation and

2. 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.

3. that the appointed person, having determined the unlikely resolve prior to Strike has discussed if it is necessary to have a shutdown protocol that preserves the plant, equipment and perishable items.

4. the union has given the employer or employer's agent at least 48 hours written notice of the date, time and place 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.

As is the case in Strike action, Division 8 of The Saskatchewan Employment Act prevents lock out unless collective bargaining has occurred (s.6-31) notice has been provided to the Minister pursuant to s. 6-33 and the appointed party either refuses to provide a recommendation to the Minister or the parties do not accept the recommendations of the appointed party. The cooling off period applies as does the requirement to discuss the protocol for shutdown as is the case in Strike action.

The Board’s Reasons for Decision are published in the Saskatchewan Labour Relations Board Reports (Sask. L.R.B.R.), and may be accessed through Canlii(at no cost). The Board's Reasons for Decision are also published on Quicklaw and display on the Decisions page on this website.

If you do not have access to the Sask. L.R.B.R. or Quicklaw, you may request a copy of a specific Board decision from the Board at:

• 1600-1920 Broad Street

Regina, Saskatchewan

S4P 3V2

(306) 787-2406 (telephone)

(306) 787-2664 (fax)

• Or E-mail inquiries may be sent to the Board Registrar via the Contact Us Form.

Ideally, you should know the LRB file number of the case which you are seeking. If you do not have this information, we may be able to locate the decision if you can provide the names of both parties and the approximate date of the decision.

The Board's front line staff cannot provide research assistance such as locating a decision supporting a particular legal principle or dealing with a similar fact situation. In some cases the Board Registrar may be able to assist with this type of inquiry.

The Board keeps records of the certification orders that it has issued. These records are indexed by the name of the company at the time of certification. The Board now has a on-line table containing all Orders and is searchable by name of company (at time of certification), name of Union (at time of application) and all amendment and rescissions of those Orders. Instructions on how to utilize the tool are located on our link to that table.

To find out if a particular company is certified in Saskatchewan, simply make a written request to the Board’s Regina office at:

• 1600-1920 Broad Street

Regina, Saskatchewan

S4P 3V2

(306) 787-2406 (telephone)

(306) 787-2664 (fax)

• Or E-mail inquiries may be sent to the Board Registrar via the Contact Us Form.

The request must include the name of the company in question as at the date of certification and a return address to which the search results will be sent. There is presently no charge for this service.

Not all of the Board’s certification Order records are cross referenced by trade union. For federally certified companies, contact the Canada Industrial Relations Board.