COMPLAINT LODGED AGAINST AN EMPLOYEES’ ASSOCIATION
(SECTIONS 47.2 ET SEQ. OF THE LABOUR CODE)
The masculine gender used in this form
designates men as well as women
SECTION I: IDENTIFICATION OF THE PARTIES
COMPLAINANT
Name:
Address:
City:
Postal code:
Telephone:
Fax:
Email:
Job :
CERTIFIED ASSOCIATION
Name:
Address:
City:
Postal code:
Telephone:
Fax:
Email:
EMPLOYER
OTHER INFORMATION
Name:
Address:
City:
Postal code:
Telephone:
Fax:
Email:
SECTION II: BREACH OF THE ASSOCIATION’S DUTIES
1.
2.
3.
On what date do you claim that the certified association acted in bad faith, in an arbitrary or discriminatory manner or showed
serious negligence in your case?
On what date did you become aware of the facts which you allege against your association?
Was a grievance filed concerning the facts alleged in the complaint?
If so, on what date?
.
If so, please attach a copy of the grievance and of the arbitration decision if rendered.
2012-10
SECTION III: DESCRIPTION OF THE MEASURE TAKEN
1.
2.
3.
Were you dismissed?
If so
Were you subject to a disciplinary measure?
If so
Were you subject of another measure?
If so
SECTION IV: DESCRIPTION OF THE FACTS
Describe in detail the facts supporting your complaint:
SECTION V: REMEDY SOUGHT
Briefly, state the remedy which you are seeking :
SECTION VI: SIGNATURE AND DATE
Signature : ____________________________________________________
Date :
You must forward a copy of your complaint and of all the pertaining documents to the certified association and to the employer.
SEND TO ONE OF THE OFFICES OF LE TRIBUNAL ADMINISTRATIF DU TRAVAIL
900 René-Lévesque East Boulevard, 5th Floor
Québec (Québec) G1R 6C9
Phone : 418 643-3208
Toll free: 1 866 864-3646
Fax: 418 643 8946
Acknowledgement of receipt
35, de Port-Royal East Street, 2nd Floor
Montréal (Québec) H3L 3T1
Phone: 514 864-3646
Toll free: 1 866 864-3646
Fax: 514 873-3112
LABOUR CODE (C-27)
47.2
47.3
47.5
[Equality of treatment by the certified association]
A certified association must not act in bad faith or in an arbitrary or discriminatory manner, or be
seriously negligent towards employees in a bargaining unit it represents, whether those employees are
its members.
If an employee believes after having been dismissed or the subject of a disciplinary sanction or who
believes he has been the victim of psychological harassment under sections 81.18 to 81.20 of the Act
respecting labour standards (R.S.Q., chapter N-1.1), believes that, in that respect, the certified
association has contravened section 47.2, the employee must, if he wishes to rely on that section, file
within six months a complaint and apply in writing to the Tribunal for an order directing that the
employee’s claim be referred to arbitration.
If the Tribunal considers that the association has contravened section 47.2, it may authorize the
employee to submit his claim to an arbitrator appointed by the Minister for decision in the manner
provided for in the collective agreement, as in the case of a grievance. Sections 100 to 101.10 apply
with the necessary modifications. The association shall pay the employee's costs.
INSTRUCTIONS
Time limit to file a complaint
Under the Labour Code, you have a time limit of six months from the time you are aware of an infringement
by the certified association of its duty to represent you, to file a complaint under sections 47.2 and 47.3.
How to fill in the form
You must fill in all the sections of the form and answer all the questions. You must also sign and date it
(Section VI) and enclose all relevant documents (examples: disciplinary notices, letter of dismissal, copy of
the grievance, arbitration decision, etc.).
What is to be done once the form is completed?
You must send a copy of your complaint and all the pertaining documents to the certified association and to
the employer.
Then you must send your complaint to the Tribunal either by mail, fax or courier.