Public Service Labour Relations Board Regulations (SOR/2005-79)

Regulations are current to 2013-04-29

Division 6

Complaints Procedure

Marginal note:Complaint

 A complaint under section 190 of the Act shall be filed in Form 16 of the schedule.

Division 7

Declaration That Conduct Is Unlawful

Marginal note:Application for a declaration that conduct is unlawful

 An application for a declaration that conduct is unlawful under subsection 198(1) of the Act shall be filed in Form 17 of the schedule.

Marginal note:Reply

 The party that receives a copy of the application shall, no later than seven days after receipt, file a reply.

Division 8

Consent To Prosecution

Marginal note:Application to obtain the consent of the Board

 An application to obtain the consent of the Board referred to in section 205 of the Act shall be filed in Form 18 of the schedule.

PART 2

GRIEVANCES

General Provisions

Marginal note:Extension of time

 Despite anything in this Part, the time prescribed by this Part or provided for in a grievance procedure contained in a collective agreement for the doing of any act, the presentation of a grievance at any level of the grievance process, the referral of a grievance to adjudication or the providing or filing of any notice, reply or document may be extended, either before or after the expiry of that time,

  • (a) by agreement between the parties; or

  • (b) in the interest of fairness, on the application of a party, by the Chairperson.

Marginal note:Suspension of time

 If the parties avail themselves of an informal conflict management system established under section 207 of the Act, the time prescribed in this Part or provided for in a grievance procedure contained in a collective agreement for the presentation of a grievance at a level of the grievance process is suspended until either party gives to the other notice in writing to the contrary.

Marginal note:Rejection for failure to meet a deadline

 A grievance may be rejected for the reason that the time limit prescribed in this Part for the presentation of the grievance at a lower level has not been met, only if the grievance was rejected at the lower level for that reason.

Individual Grievances

Marginal note:Maximum number of levels

 An individual grievance process shall consist of a maximum of three levels.

Marginal note:Notice of level
  •  (1) An employer shall notify, in accordance with subsection (2), each of its employees of the names or titles of the persons whose decision on a grievance constitutes a level in the individual grievance process and the name or title, as well as the address, of the employee’s immediate supervisor or local officer-in-charge to whom an individual grievance may be presented.

  • Marginal note:Posting of notice

    (2) Subject to subsection (3), an employer shall post copies of the notice in conspicuous places where they are most likely to come to the attention of its employees.

  • Marginal note:Alternative methods

    (3) If the information required by subsection (1) is more likely to come to the attention of the employees by a means other than posting notices, the Board shall authorize an employer to communicate the information to its employees by a means other than posting notices.