Application Process

This information will help you follow the correct steps to complete an application with the Manitoba Labour Board. Any new application filed outside regular business hours will be treated as received on the next business day.

Where a Legislated time limit for filing an application or a deadline for submission falls on a statutory holiday, the application or submission must be filed on the next business day after the holiday.

Do you belong to a union? If no and your questions are about:

• hours of work and overtime
• payment of wages including vacation pay
• discipline
• termination

Contact the Employment Standards Branch.

If your questions are about:

• being safe at work
• the right to refuse work if you feel it is unsafe
• reporting workplace accidents
• harassment in the workplace

Contact the Workplace Safety and Health Branch.

If your questions are about:

• duty to accommodate
• human rights laws
• discrimination in your workplace
• harassment in the workplace

Contact the Human Rights Commission.

If you are an employee who is a member of a Union or Employee Association and you have a problem at work, contact your union to see if they can help resolve your issue.

If you have questions or complaints about unions including how to organise a union, what a union's responsibilities are or how an employer should relate to a union, read the information available on Certification and Collective Bargaining to determine if or how the Board can help you.

There are exceptions. if you are unsure about where to bring your questions or complaints, you may wish to Contact the Manitoba Labour Board at 204-945-3783 or email mlb@gov.mb.ca

The Manitoba Labour Board deals with a variety of applications under the Labour Relations Act. Visit Labour Relations Matters to read about the different types of Labour Relations Cases and find what kind of application you need to make to deal with your issue.

The Board also handles appeals of orders made by the Employment Standards Branch or Workplace Safety and Health Branch, and cases under other pieces of legislation. Visit Appeals and Other Acts to read more.

The Board has forms for most applications to help you provide all the information needed based on application type. They can be found on the Application Forms page.

While completing your forms, it is important to be thorough. Include specific details about your complaint. Explain what happened including where and when each incident took place, who was involved, and who else saw or was aware of what happened. If the form doesn't have enough room for all the details, add an extra page.

Add extra documents to provide evidence if you can, such as emails, letters, or screenshots of text messages to show what happened.

Every application must also include Form A - Memorandum of General Information Required on all Proceedings. Form A is important because it provides the Board with the names and contact information of the people or organizations involved in the case, and it includes a “statutory declaration” that must be signed by the applicant and witnessed by a notary public or commissioner of oaths. Signing the statutory declaration means that you swear the information in your application is true, including any extra supporting documents. Anything submitted with a statutory declaration can be questioned during a hearing.

The Board has staff that are commissioners of oaths, and can help you complete your Form A. This is a free service. Contact the Board to arrange an appointment.

If you have any questions about how to fill out your application form or Form A, contact the Board for help. When your application is ready, it can be sent to the Manitoba Labour Board in any one of three ways:

• email to mlbregistrar@gov.mb.ca
• mail to 500-175 Hargrave Street, Winnipeg MB, R3C 3E9
• in person on the 5th floor at 175 Hargrave Street in Winnipeg

The Board will review your application to see if it is complete. If your application is either not complete or should be made somewhere else (such as Workplace Safety and Health or Employment Standards), it will be returned to you.

Completed applications will be given a case number and assigned to a board officer. You and the other parties involved in your case will receive a written notice of filing and a copy of the application documents. The Board provides copies of all documents and correspondence filed to all parties. The Board does not accept confidential complaints.

The other parties will be given a chance to reply to any complaints or claims made in the application and they will also be required to complete Form A, swearing that their information is true and can be questioned during a hearing.

You can respond to the replies, but your response is not a chance to add more claims or new complaints to your application. When you submit a response, it is a chance to respond to what is outlined in the reply. When you file your response with the Board, you must fill out another Form A to swear that your response is true and can be questioned during a hearing.

Once the Application, the Replies, and the Response to the Replies have been filed, the application is placed before the chairperson or a vice-chairperson of the Board for an initial determination. At this stage, the Board can determine:

• if the application has been filed without undue delay and is not premature
• if the allegations in the application are proven, that an unfair labour practice may have been committed (establishes a prima facie case)
• any preliminary issues that may have been raised in the application or the replies
• if the application should be granted, dismissed or proceed to a hearing

If the Board determines that the application will proceed to a hearing, the board officer assigned to your case will schedule a Case Management Conference with you, the respondent, and all other parties who are involved in the case.

A Case Management Conference is held by videoconference using Microsoft Teams and typically lasts 30 minutes. The purpose of the Case Management Conference is to:

• schedule a hearing
• explain the hearing process and discuss the format/location
• order the pre-hearing disclosure of documents
• identify any issues that may need to be dealt with in advance
• discuss mediation options

A hearing at the Manitoba Labour Board is not as formal as a court hearing, but it is similar. At a hearing, you and the respondent will have a chance to present your evidence, call witnesses, and question each other's evidence and witnesses. A hearing might last a few hours, or it might last many days, depending on the case.

Either before or during the hearing, the Board may appoint a board officer as a mediator to work with everyone involved in the case to try to work out a solution that everyone can agree on.

Please read Preparing for your Hearing for more information. You can also talk to the board officer assigned to your case if you have any questions about your hearing.

After the hearing is finished, the Board will consider the evidence and decide the case. The written decision is called an “Order”, and it will be sent to all the parties who were involved in the case.

We recommend that you read other Written Orders made by the Board to understand how decisions are made.