Federal Public Sector Labour Relations Act

Marginal note:Complaints

• 190 (1) The Board must examine and inquire into any complaint made to it that

  • (a) the employer has failed to comply with section 56 (duty to observe terms and conditions);

  • (b) the employer or a bargaining agent has failed to comply with section 106 (duty to bargain in good faith);

  • (c) the employer, a bargaining agent or an employee has failed to comply with section 107 (duty to observe terms and conditions);

  • (d) the employer, a bargaining agent or a deputy head has failed to comply with subsection 110(3) (duty to bargain in good faith);

  • (e) the employer or an employee organization has failed to comply with section 117 (duty to implement provisions of the collective agreement) or 157 (duty to implement provisions of the arbitral award);

  • (f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or

  • (g) the employer, an employee organization or any person has committed an unfair labour practice within the meaning of section 185.

• Marginal note:Time for making complaint

  (2) Subject to subsections (3) and (4), a complaint under subsection (1) must be made to the Board not later than 90 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

• Marginal note:Limitation on complaints against employee organizations

  (3) Subject to subsection (4), no complaint may be made to the Board under subsection (1) on the ground that an employee organization or any person acting on behalf of one has failed to comply with paragraph 188(b) or (c) unless

  • (a) the complainant has presented a grievance or appeal in accordance with any procedure that has been established by the employee organization and to which the complainant has been given ready access;

  • (b) the employee organization

    • (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or

    • (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal under paragraph (a), dealt with the grievance or appeal; and

  • (c) the complaint is made to the Board not later than 90 days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint.

• Marginal note:Exception

  (4) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by an employee organization to comply with paragraph 188(b) or (c) that has not been presented as a grievance or appeal to the employee organization, if the Board is satisfied that

  • (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or

  • (b) the employee organization has not given the complainant ready access to a grievance or appeal procedure.