SOR/93-34819936
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20196
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PUBLIC SERVICE LABOUR RELATIONS ACTP.S.S.R.B. Regulations and Rules of Procedure, 1993Regulations and Rules of Procedure of the Public Service Staff Relations Board, 1993The Public Service Staff Relations Board, pursuant to subsections 5.2(1)* and 22(1)**, section 28, subsections 29(1), 37(1)*** and 39(1), section 78.5****, subsection 92(2), section 95*****, subsection 99(1) and section 100 of the Public Service Staff Relations Act, hereby revokes the P.S.S.R.B. Regulations and Rules of Procedure, made on November 7, 1990******, and makes the annexed Regulations and Rules of Procedure of the Public Service Staff Relations Board, 1993, in substitution therefor, effective on the date of publication in the Canada Gazette.S.C. 1992, c. 54, s. 33S.C. 1992, c. 54, s. 39S.C. 1992, c. 54, s. 42(1)S.C. 1992, c. 54, s. 65S.C. 1992, c. 54, s. 69SOR/90-771, 1990 Canada Gazette Part II, p. 5010Ottawa, June 16, 1993Short Title
These Regulations may be cited as the P.S.S.R.B. Regulations and Rules of Procedure, 1993.
Interpretation
In these Regulations,Act means the Public Service Staff Relations Act; (Loi)application means a complaint, an application for certification, for revocation of certification, for a declaration that a strike is unlawful or lawful and for consent of the Board referred to in section 107 of the Act, as the case may be; (demande)Board means the Public Service Staff Relations Board; (Commission)person includes an employee organization, a council of employee organizations and an employer; (personne)Secretary means the Secretary of the Board and includes an assistant Secretary. (secrétaire)terminal date means a day which is not less than 10 days and not more than 30 days after the day on which an application is filed. (date limite)Where a period of time is specified in these Regulations as a number of days, the period shall be computed as being the number of days specified, exclusive of Saturdays and holidays.
General
The Board may, on its own initiative or that of a party, request that information contained in any document filed by any other party be made more complete or specific.The Board, after giving a party the opportunity to reply to a request referred to in subsection (1), may strike from the document the information that is incomplete or insufficiently specific.
The Board may direct that a proceeding before the Board be consolidated with any other proceeding before the Board and may issue directions in respect of the conduct of the consolidated proceeding.
The Board may adjourn a hearing and specify the day, time, place and terms of its continuance.
Notwithstanding any other provision in these Regulations, the Board mayextend the time specified by these Regulations, or allow for additional time to do any act, provide any notice or file any document; oron notice to all parties, reduce the time specified by these Regulations to do any act, provide any notice or file any document.SOR/96-457, s. 1
The Board may direct that any person be added as a party to a proceeding or be provided with any document.
Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may dismiss an application on the ground that the Board lacks jurisdiction.The Board, in considering whether an application or complaint should be dismissed pursuant to subsection (1), shallrequest that the parties submit written arguments within the time and in the manner specified by the Board; orhold a preliminary hearing.Where the Board dismisses an application under subsection (1), the Board shall provide a copy of the decision and reasons therefor to the parties.A party may, no later than on the twenty-fifth day after being provided with a copy of a decision pursuant to subsection (3), file with the Secretary a request that the Board review the decision.A request for review that is filed pursuant to subsection (4) shall contain a concise statement of the facts and grounds on which the party relies in support of the review.Where a request for review is filed with the Secretary, the Board shallprovide the party, and any other person who may be affected by the request for a review, with a notice of hearing to show cause as to why the request for a review should be heard;rescind the decision and direct that the application be proceeded with in accordance with these Regulations; orconfirm in writing the decision dismissing the application.Where the Board holds a hearing referred to in paragraph (6)(a), the Board shall rescind or confirm the Board’s decision in accordance with paragraph (6)(b) or (c).
Where a witness is to be summoned, the summons shall be in Form 1 of the schedule.
No proceeding under these Regulations is invalid by reason only of a defect in form or a technical irregularity.
Where a procedural matter that is not provided for by these Regulations arises during the course of a proceeding before the Board, the matter shall be dealt with in such manner as the Board directs.
Filing
Subject to subsection (2), a document shall be deemed to be filed with the Secretarywhere the document is sent by registered mail that is addressed to the Secretary, on the date on which the document is sent; orwhere the document is not sent by registered mail, on the day on which the document is received by or on behalf of the Secretary.Where a document referred to in paragraph (1)(b) is received by or on behalf of the Secretary after 4:00 p.m. local time of a business day of the Board, the document shall be deemed to be filed with the Secretary on the next business day of the Board.
Hearing
Where a hearing is to be held, the notice of hearing shall be provided to the parties at least five days before the day that is fixed for the hearing.Where a person who is provided with a notice of hearing fails to attend the hearing or any continuance thereof, the Board may proceed with the hearing and dispose of the matter without further notice to that person.
Complaints Procedure
A complaint that is made under section 23 of the Act shall be filed with the Secretary in duplicate in Form 2 of the schedule.
The Secretary shall provide each respondent named in a complaint filed pursuant to section 14 with a copy of the complaint.
A respondent, no later than on the tenth day after being provided with a copy of a complaint under section 15, may reply thereto by filing with the Secretary a reply in duplicate.
The Secretary shall provide the complainant with a copy of the reply filed by the respondent pursuant to section 16.Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing afterthe expiration of the time specified in section 16, where the respondent does not file a reply within that time; orthe complainant has been provided with a copy of the reply, where a copy of the reply is provided pursuant to subsection (1).
Certification ProcedureInterpretation
In this Part, intervener means an employee organization that intervenes with respect to a certification proceeding before the Board. (intervenant)
General
An application shall be filed with the Secretary in duplicate in Form 3 of the schedule.
Where an application is filed under section 19, the Secretary shallprovide the employer named in the application with a copy of the application;fix a terminal date; andnotify the parties of the terminal date.
The Secretary shall provide the employer with as many notices of application in Form 4 of the schedule as are appropriate to the number of employees and the locations at which they are employed.An employer who has been provided with notices referred to in subsection (1) shallpost the notices, immediately on receipt thereof, in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application, and keep the notices posted until after the terminal date; andafter the terminal date, file with the Secretary a statement that the employer has complied with paragraph (a).
An employer shall, no later than on the terminal date, file with the Secretary a reply to the application in duplicate in Form 5 of the schedule.
The Secretary shall provide a copy of the application to any employee organization known to the Board as claiming to represent any employees who may be affected by the application.
An employee organization that is provided with a copy of the application or that claims to represent any of the employees who may be affected by the application may file with the Secretary its intervention in duplicate in Form 6 of the schedule no later than on the terminal date.
An employee organization intending to apply for certification as the bargaining agent of any employees who may be affected by an application shall file with the Secretary in triplicate, no later than on the terminal date, an intervener’s application in Form 7 of the schedule.Paragraph 20(a) and section 21 apply in respect of an intervener’s application, with such modifications as the circumstances require.Where the Board directs the Secretary to fix a separate terminal date with regard to the intervener’s application, the Secretary shall fix that date and shall notify the parties of it.SOR/96-457, s. 2
Where an employee or a representative of a group of employees is affected by an application or intervener’s application and wishes to make representations to the Board in opposition to the application or intervener’s application, the employee or the representative of a group of employees shall file with the Secretary, no later than on the terminal date, a concise statement of opposition thatis signed by the employee or by each member of the group of employees; andsets out the mailing address of the employee or the representative of the group of employees, as the case may be.
An application, reply, intervention, intervener’s application, statement of opposition and notice may be amended with leave of the Board.
Where the person making an application or an intervener’s application is a council of employee organizations, the council shall file with the Secretary, when the application or intervener’s application is filed, as the case may be, the documents on which the council intends to rely to satisfy the Board that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.
Where an application or intervener’s application is filed, the Board may require the employer to file, within the time specified by the Board, lists that identifyall employees in respect of whom the application is filed along with specimen signatures of those employees; andall employees whose duties include the supervision of other employees.
Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom no employee organization is certified as the bargaining agent, the Board may require that the employer file a list of any employees whom the employer claims should be excluded from the proposed bargaining unit as the employees occupy positions identified by the employer as managerial or confidential positions.The Secretary shall provide a copy of a list filed pursuant to subsection (1) to the applicant and, where there is an intervener, to the intervener.
An applicant or the intervener shall, no later than on the tenth day after the day on which the Secretary has provided the applicant or the intervener applying for certification with a copy of a list filed pursuant to subsection 30(1), file with the Secretary a statement showing, in respect of each position that appears on the list, whether the applicant or the intervener objects to the identification made by the employer.
Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom an employee organization is certified as the bargaining agent, the Board may require that the employer file a list of any persons who occupy positions that have been identified by the employer or by the Board as managerial or confidential positions.
An application or intervener’s application filed under this Part shall be accompanied by all or part of the documentary evidence on which the applicant or intervener intends to rely to satisfy the Board that a majority of employees in the proposed bargaining unit wishes the applicant or intervener to represent them as their bargaining agent.
Any documentary evidence that does not accompany an application or an intervener’s application shall be filed no later than on the terminal date.
Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.
An employee or a group of employees who has filed a statement of opposition pursuant to section 26 may appear at the hearing referred to in section 35 or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.SOR/96-457, s. 3
The Board may dispose of an application without further notice to any person who has not filed, on or before the terminal date, a document in respect of the application.SOR/96-457, s. 3
Identification of Managerial or Confidential Positions
Where, after the Board has certified an employee organization as a bargaining agent for a bargaining unit, the employer wishes to identify a position in that bargaining unit in accordance with the criteria set out in subsection 5.1(1) of the Act, the employer shall, for the position identified, submit to the Board and the bargaining agent, in addition to the notification required by subsection 5.2(2) of the Act, a document setting outthe job title, position or work description, position number, classification, the department or agency and the geographic location of the identified position;the citation of the paragraph in subsection 5.1(1) of the Act that sets out the criterion met by the identified position; andwhere the position is identified under paragraph 5.1(1)(e) of the Act, the applicable paragraph, together with the job title, position or work description, position number and classification of the position in relation to which the duties and responsibilities of the occupant of the identified position are alleged to be confidential.Where a bargaining agent files an objection pursuant to subsection 5.2(3) of the Act, the objection shall contain a concise statement of the grounds for the objection.Where a bargaining agent files an objection pursuant to subsection 5.3(1) of the Act, the objection shall set out, for each position objected to,the job title, position or work description, position number, classification, the department or agency and the geographic location of the position objected to; anda concise statement of the grounds for the objection.Forthwith on the filing of an objection referred to in subsections (2) and (3), the bargaining agent shall provide a copy of the objection to the employer.
Procedure for Revocation of CertificationGeneral
Where an application is filed, the Board may require the employer to file a list that identifies all the employees in the bargaining unit, along with specimen signatures of those employees.
Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.
[Repealed, SOR/2002-127, s. 1]
An employee or a group of employees who has filed a statement of opposition pursuant to section 26 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.SOR/2002-127, s. 2
Sections 20, 26, 27 and 37 apply, with such modifications as the circumstances require, in respect of proceedings under this Part.
Applications
An application shall be filed with the Secretary in duplicate in Form 8 of the schedule.
An application made under section 42 of the Act shall be accompanied by all or part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.
Any documentary evidence that does not accompany an application that is filed pursuant to section 44, shall be filed no later than on the terminal date.The Board shall not accept evidence of signification that employees no longer wish to be represented by the bargaining agent for the bargaining unit, unless the evidence is in writing and is signed by the employees referred to in section 45.
Where an application is filed, the Secretary shall provide a copy of the application tothe bargaining agent; andthe employer, where the application is made by a person other than the employer.The Secretary shall provide the employer with as many notices of application in Form 9 of the schedule as appropriate to the number of employees and the locations at which they are employed.An employer that has been provided with notices referred to in subsection (2) shallimmediately on receipt thereof, post the notices in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application, and keep the notices posted until after the terminal date; andafter the terminal date, file with the Secretary a statement that the employer has complied with paragraph (a).
The bargaining agent and, where the application is made by a person other than the employer, the employer may, no later than on the terminal date, file with the Secretary a reply in duplicate in Form 10 of the schedule.
Arbitration
A notice of request for arbitration given under subsection 64(1) of the Act shall be filed with the Secretary in quintuplicate in Form 11 of the schedule.
A notice of request for arbitration on any additional matter under subsection 64(6) of the Act shall be filed by a party with the Secretary in quintuplicate in Form 12 of the schedule and shall specify the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act.
Where a party files a notice referred to in section 50, the Secretary shall provide a copy of the notice, to the other party.A party may, no later than on the seventh day after being provided with a copy of a notice pursuant to subsection (1), file a notice with the Secretary in quintuplicate, specifying its proposals concerning the award to be made by the arbitration board in respect of the additional matters set out in the notice.The Secretary shall provide to the party that filed a notice referred to in section 50 a copy of any proposals filed by the other party pursuant to subsection (2).
Where a party that is entitled to request arbitration on any additional matter under subsection 64(6) of the Act makes no such request, the party may, no later than on the seventh day after the receipt by that party of the notice filed pursuant to section 49, file a notice with the Secretary, in quintuplicate specifying the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act.The Secretary shall provide to the party that filed a notice pursuant to section 49 a copy of any proposals filed pursuant to subsection (1).
After the expiry of the time for the filing of the notice referred to in subsection 64(6) of the Act or in subsection 51(2) or 52(1), each party shall, no later than on the day specified by the arbitration board, file with the Secretary six sets of a memorandum of issues to be argued by the party and six sets of the material in support thereof that the arbitration board may consider in rendering the award.
Where a party objects to the reference of a matter to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the chairperson shall give the parties the opportunity to make representations on the matter before delivering to the arbitration board the notice referring the matters in dispute pursuant to subsection 66(1) of the Act.
Designated Positions
An employer who files a statement with the Board pursuant to subsection 78.1(5) or 78.1(10) of the Act shall include in the statement the job title, position number, classification, department or agency and geographic location of each position contained in the statement.Forthwith on the filing of a statement referred to in subsection (1), the employer shall provide a copy of the statement to the bargaining agent.
An employer shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of each position that is included in a reference in accordance with subsection 78.1(7) of the Act.Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent.SOR/96-457, s. 4
An employer who refers the position in dispute to the Board under subsection 78.2(1) of the Act shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of the position.Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent.
On the designation by the Board of a position under subsection 78.1(6) or (10) of the Act, the chairperson shall send a notice of the designation to the parties.
Sections 55 to 58 and 60 apply, with such modifications as the circumstances require, in respect of a position that is reviewed pursuant to section 78.4 of the Act.
For the purposes of section 78.5 of the Act, the Board, or if authorized by the Board, the employer, shall inform an employee occupying a designated position of the designation by providing to that employee a notice in Form 13 of the schedule no later than on the thirtieth day after the day on whicha notice of designation is sent to the employer pursuant to subsection 78.2(4) of the Act, or section 58; oran employee first occupies a designated position.Where the Board or the employer, as the case may be, provides a notice referred to in subsection (1) to the employee occupying the designated position, the Board or the employer shall provide, forthwith, a copy of the notice to the employee organization that is certified as the bargaining agent for the bargaining unit in which the employee is a member.
Dispute Process Specification
Where the Board certifies an employee organization as the bargaining agent for a bargaining unit, the bargaining agent shall specify the process for resolution of any dispute to which it may be a party, by filing the specification, in duplicate, with the Secretary.
A bargaining agent that filed a specification pursuant to section 61 may apply to the Board to record an alteration in the process for resolution of a dispute that is applicable to the bargaining unit in respect of which the bargaining agent is certified, by filing an alteration of specification with the Secretarybefore the day on which notice to bargain collectively is given under paragraph 50(2)(a) of the Act; orduring the period beginning on a day that is one month before notice to bargain collectively may be given under paragraph 50(2)(b) of the Act and ending on the day on which the notice to bargain collectively is given under that paragraph.
Grievance Process and Adjudication ProcedureGeneral
Notwithstanding anything in this Part, the times prescribed by this Part or provided for in a grievance procedure contained in a collective agreement or in an arbitral award for the doing of any act, the presentation of a grievance at any level or the providing or filing of any notice, reply or document may be extended, either before or after the expiration of those timesby agreement between the parties; orby the Board, on the application of an employer, an employee or a bargaining agent, on such terms and conditions as the Board considers advisable.
The adjudicator or the chairperson of a board of adjudication may adjourn any hearing and specify the time, place and terms of its continuance.
The adjudicator or the chairperson of a board of adjudication may direct that any person be added as a party to a proceeding or be provided with any document.
The adjudicator or the chairperson of a board of adjudication may direct that a proceeding be consolidated with any other proceeding, and may issue directions in respect of the conduct of the consolidated proceeding.
Grievance Process
Where an employer has not established, in accordance with section 68, the number of levels, or has not made available to employees in accordance with subsection 70(3) copies of the grievance form, the Board may, on application of an aggrieved employee, direct the manner of presenting a grievance and the procedure by which the grievance is to be processed or adjudicated.
A grievance process shall consist of a first level and a final level and shall not consist of more than four levels.
An employer shall inform each employee to whom the grievance process applies of the names or titles of the persons designated pursuant to subsection 100(4) of the Act and the name or title, as well as the address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.Subject to subsection (3), an employer shall post notices containing the information required by subsection (1) in conspicuous places where the notices are most likely to come to the attention of the employees to whom the grievance process applies.The Board may authorize an employer to communicate to employees the information required by subsection (1) by a means other than posting notices, if by that means, the information is most likely to come to the attention of the employees to whom the grievance process applies.
An employer shall prepare a grievance form that sets out the following information to be given by an aggrieved employee:the name and address of the aggrieved employee and any additional information, other than the employee’s Social Insurance Number, necessary to identify the aggrieved employee;a concise statement of the nature of each act or omission complained of, including a reference to the provision of a statute or of a regulation, by-law, direction or other instrument made or issued by the employer and dealing with the terms and conditions of employment, or to the provision of a collective agreement or arbitral award alleged to have been violated or misinterpreted, that will identify the nature of the alleged violation or misinterpretation;the date on which each act or omission or other matter giving rise to the grievance occurred; andthe corrective action requested by the aggrieved employee.The Board may approve a grievance form referred to in subsection (1) where the form sets out the information to be provided by that subsection, and may require, either before or after approving the form, that the employer amend the form in order to ensure that the contents of the form are consistent with the objects of the Act.Where the Board has approved a grievance form referred to in subsection (1) or required the amendment of a form in accordance with subsection (2), the employer shall make copies thereof available to all employees to whom the grievance process applies.
Presentation of Grievance
An employee described in paragraph 92(1)(b) of the Act may present a grievance to the employee’s immediate supervisor or the local officer-in-charge in the form referred to in section 70,where the grievance does not relate to classification, a demotion or the termination of employment pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, at the first level of the grievance process; andwhere the grievance relates to classification, a demotion or the termination of employment pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, at the final level of the grievance process.An employee described in paragraph 92(1)(c) of the Act may present a grievance to the employee’s immediate supervisor or the local officer-in-charge, in the form referred to in section 70,where the grievance does not relate to classification or disciplinary action resulting in termination of employment, at the first level of the grievance process; andwhere the grievance relates to classification or disciplinary action resulting in termination of employment, at the final level of the grievance process.An employee shall present a grievance no later than on the twenty-fifth day after the day on which the employee first had knowledge of any act, omission or other matter giving rise to the grievance or the employee was notified of the act, omission or other matter, whichever is the earlier.An employee may present a grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award, only if the grievance contains a statement thatis signed by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, indicating that the employee, in presenting the grievance, has the approval of and is represented by the bargaining agent; andsets out the address of the authorized representative referred to in paragraph (a) at which documents may be provided.A grievance of an employee is not invalid by reason only that it is not presented in the form approved by the Board under section 70.
Immediately after receiving a grievance presented by an employee, the supervisor or local officer-in-charge shallforward a copy of the grievance to the authorized representative of the employer at the appropriate level; anddeliver to the employee a receipt stating the date on which the grievance was received by the supervisor or the local officer-in-charge.A grievance is deemed to have been presented within the time determined in accordance with subsection 71(3) where, within that time, it is delivered or sent by registered mail to the employee’s immediate supervisor or the local officer-in-charge at the address referred to in subsection 69(1).The period during which an employer shall reply to a grievance at any level is calculated as beginning on the day on which the grievance is received by the employee’s immediate supervisor or the local officer-in-charge.
An employee may present a grievance, other than a grievance under paragraph 71(1)(b) or 71(2)(b), at a level higher than the first level in the grievance process,no later than on the tenth day after the day on which the employee receives a reply to the grievance at the preceding lower level; orwhere the employee does not receive a reply to the grievance no later than on the thirtieth day after the last day on which the authorized representative of the employer was required, pursuant to section 74, to reply to the grievance at the preceding lower level.
Where an employee presents a grievance at any level in the grievance process in accordance with section 71 or 73, other than a grievance that relates to classification, the authorized representative of the employer at that level shall provide the employee with a reply, in writing, to the grievance, no later than on the fifteenth day after the day on which the grievance was presented at that level.Where an employee presents a grievance that relates to classification in accordance with section 71, the authorized representative of the employer at the final level shall provide the employee with a reply, in writing, to the grievance, no later than on the sixtieth day after the day on which the grievance was presented at that level.Where an employee presents a grievance that relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award, the authorized representative of the employer shall, within the time referred to in subsection (1), provide a copy of the reply of that representative to the authorized representative of the appropriate bargaining agent at the address referred to in paragraph 71(4)(b).Where an employee who is not included in a bargaining unit for which an employee organization has been certified as a bargaining agent presents a grievance, the employee may state in the grievance that the employee seeks the assistance of and chooses to be represented by an employee organization, by indicating the name of the employee organization and the name and address of the authorized representative of that employee organization.Where an employee presents a grievance referred to in subsection (4), the authorized representative of the employer shall, within the time referred to in subsection (1), provide a copy of the reply of that representative to the authorized representative of the employee organization named by the employee at the address given by the employee.
An employee may, by written notice to the employee’s immediate supervisor or the local officer-in-charge, abandon a grievance at any level of the grievance process.An employee abandons a grievance where the employee fails to present a grievance to the next higher level in the grievance process within the time referred to in section 73.
Adjudication Procedure
An employee may refer a grievance to adjudication under section 92 of the Act by filing with the Secretary in duplicate a notice in Form 14 of the schedule, together with a copy of the grievance that the employee submitted to the employee’s immediate supervisor or the local officer-in-charge pursuant to paragraph 71(1)(a) or (b) or paragraph 71(2)(a) or (b), no later than on the thirtieth day after the earlier ofthe day on which the employee received a reply at the final level of the grievance process, andthe last day on which the authorized representative of the employer was required, pursuant to the provisions of a collective agreement or arbitral award or pursuant to section 74, to reply to the grievance at the final level of the grievance process.Where a notice is filed under subsection (1), the Secretary shall provide the employer with a copy of the notice.Where a grievance relates to the interpretation or application, in respect of an employee, of a provision of a collective agreement or an arbitral award, the notice filed under subsection (1) shall contain a statement by an authorized representative of the bargaining agent for the employee that the bargaining agentapproves of the reference of the grievance to adjudication; andis willing to represent the employee in the adjudication proceedings.SOR/96-457, s. 5
An employer shall, no later than on the tenth day after the day on which the employer was provided with a copy of a notice referred to in subsection 76(2), file with the Secretary, a copy of the reply that was made to the grievance at each level of the grievance process and a copy of the grievance replied to at the final level.
Where an employee requests the establishment of a board of adjudication pursuant to subsection 95(1) of the Act, the Secretary shall provide the employer with a notice in Form 15 of the schedule.An employer shall, no later than on the tenth day after the day on which the employer was provided with a notice pursuant to subsection (1), file with the Secretarya document that sets out the name of the person the employer nominates to be a member of the board of adjudication; oran objection to the establishment of a board of adjudication.Where, within the time specified in subsection (2), an employer does not file an objection to the establishment of a board of adjudication and fails to nominate a person to be a member of the board of adjudication, the Board, on behalf of the employer, shall nominate a person to be a member of the board of adjudication.
Where a grievance arises out of a collective agreement and an adjudicator is named in the collective agreement, the Secretary shall provide the adjudicator with a copy of the notice filed under subsection 76(1) and copies of any reply to the grievance filed pursuant to section 77.Where an employee requests the establishment of a board of adjudication and no objection thereto is filed by the employer within the time specified in subsection 78(2), the Secretary shall provide a copy of the notice filed under subsection 76(1) and copies of any reply to the grievance filed pursuant to section 77 tothe nominees of the parties; andthe member of the Board who is assigned to act as chairperson of the board of adjudication pursuant to paragraph 94(1)(a) of the Act.Where subsections (1) and (2) do not apply, the Secretary shall provide a copy of the notice filed under subsection 76(1) and a copy of any reply to the grievance filed pursuant to section 77 to the adjudicator selected by the parties or by the Board under paragraphs 95(2)(a.1) and (c) of the Act, respectively.
Where the Board, the adjudicator or a board of adjudication determines that a hearing shall be held, the Secretary shall provide a notice of hearing to the employee and the employer.
The Board, the adjudicator or the chairperson of a board of adjudication may, by notice, require a party to file with the Secretary a statement of the party’s position in respect of a grievance, within the time specified in the notice.The Secretary shall, on receipt of a statement filed by a party pursuant to subsection (1), provide a copy of the statement to the other party.
Where a grievance relates to the interpretation or application, in respect of an employee, of a provision of a collective agreement or an arbitral award, the Secretary shall provide the authorized representative of the bargaining agent witha copy of any reply to the grievance filed pursuant to section 77 and a copy of any statement of position filed pursuant to subsection 81(1); andwhere a hearing is to be held, a notice of hearing.Where subsection (1) does not apply and an employee has stated in a grievance pursuant to subsection 74(4) that the employee seeks the assistance of and chooses to be represented by an employee organization in the presentation of the grievance, the Secretary shall provide the employee organization withcopies of any reply filed pursuant to section 77 and a copy of any statement of position filed pursuant to subsection 81(1); andwhere a hearing is to be held, a notice of hearing.
The decision of an adjudicator or a board of adjudication shall containa summary of the grievance;a summary of the representations of the parties; andthe reasons for the decision.
Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may dismiss a grievance on the ground that it is not a grievance that may be referred to adjudication pursuant to section 92 of the Act.The Board, in considering whether a grievance should be dismissed pursuant to subsection (1), shallrequest that the parties submit written arguments within the time and in the manner specified by the Board; orhold a hearing.Where the Board dismisses a grievance under subsection (1), the Board shall provide a copy of the decision and reasons therefor to the parties.An employee may, no later than on the twenty-fifth day after being provided with a copy of a decision pursuant to subsection (3), file with the Secretary a request that the Board review its decision.A request for review that is filed pursuant to subsection (4) shall contain a concise statement of the facts and grounds on which the employee relies in support of the review.Where a request for review is filed with the Secretary, the Board shallprovide the employee, and any other person who may be affected by the request for review, with a notice of hearing to show cause as to why the request for a review should be heard;rescind the decision and direct that the grievance be proceeded with in accordance with these Regulations; orconfirm in writing the decision dismissing the grievance.Where the Board holds a hearing referred to in paragraph (6)(a), the Board shall rescind or confirm the Board’s decision in accordance with paragraph (6)(b) or (c).
Reference Under Section 99 of the Act
A party may refer a matter to the Board under section 99 of the Act by filing with the Secretary, in duplicate, a notice in Form 16 of the schedule.Where a party files a notice referred to in subsection (1), the Secretary shall provide the other party with a copy of the notice.The other party may, no later than on the tenth day after the day on which that other party is provided with a copy of a notice pursuant to subsection (2), file with the Secretary a statement of the other party’s position.Where a statement of position is filed pursuant to subsection (3), the Secretary shall provide to the party that filed the notice under subsection (1) a copy of the statement.Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing afterthe expiration of the time specified in subsection (3); ora party has received a copy of the statement of position, where the party is provided with a copy of the statement provided pursuant to subsection (4).
Declaration that Strike Unlawful or Lawful
An application made pursuant to subsection 104(1) or (2) of the Act shall be filed with the Secretary, in duplicate, and shall contain the material facts on which the applicant relies in support of the application.
Where an application is filed pursuant to section 86, the Secretary shall provide each respondent with a copy thereof.
A respondent may file with the Secretary, in duplicate, a reply no later than on the sixth day after the day on which the respondent is provided with a copy of an application pursuant to section 87.
Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing after the expiration of the time specified in section 88.
Consent to Prosecute
An application to the Board for consent of the Board referred to in section 107 of the Act shall be filed with the Secretary in Form 17 of the schedule and shall be accompanied by a declaration under oath or solemn affirmation by a person who has personal knowledge of the facts on which the applicant relies to support the application.On receipt of an application filed pursuant to subsection (1), the Secretary shall provide each respondent named therein with a notice in Form 18 of the schedule and a copy of the declaration under oath or solemn affirmation filed pursuant to that subsection that is applicable to that respondent.
A respondent may, no later than on the tenth day after being provided with a notice and a copy of the declaration under oath or solemn affirmation under subsection 90(2), file a reply with the Secretary.
On receipt of a reply by a respondent filed pursuant to section 91, the Secretary shall provide the applicant with the reply.
Where the time specified by section 91 has expired, the Board maydirect that a hearing be held with respect to any or all of the issues that may arise in connection with an application filed pursuant to subsection 90(1); orgrant or deny consent in respect of the application on the basis of the material then before the Board.
Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing.
After a hearing referred to in paragraph 93(a) is held, the Board shall grant or deny consent in respect of the application on the basis of the material then before the Board and the evidence submitted at the hearing.
GRAPHIC IS NOT DISPLAYED, PLEASE SEE SOR/93-348, PP. 2992-3017; SOR/96-457, ss. 6 to 8.SOR/96-457, ss. 6 to 8RELATED PROVISIONS — 2017, c. 9, s. 58(3)
Other referencesUnless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations Act.