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Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Regulations are current to 2022-11-16 and last amended on 2020-03-06. Previous Versions

PART 1Labour Relations (continued)

DIVISION 4Conciliation (continued)

Marginal note:Other party’s response

  •  (1) A party that receives a copy of a request for conciliation under subsection 161(1) of the Act may, no later than seven days after receipt of the copy, file its response concerning the report to be made in respect of any term or condition of employment for which the conciliation was requested.

  • Marginal note:Form and content

    (2) The response must be filed with the Board signed by the authorized representative of the party filing its response and must contain the following information:

    • (a) the names and contact information of the party filing the response and its authorized representative;

    • (b) the name and contact information of the other party to the dispute;

    • (c) the proposals concerning the report to be made in respect of the terms or conditions of employment for which conciliation was requested;

    • (d) any request for a public interest commission consisting of three members under subsection 164(2) of the Act; and

    • (e) the date of the response.

  • Marginal note:Request for conciliation of additional matters

    (3) A notice referred to in subsection 161(4) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and must contain the following information:

    • (a) the name and contact information of the party filing the notice and its authorized representative;

    • (b) the name and contact information of the other party to the dispute;

    • (c) the additional terms or conditions of employment for which conciliation is requested;

    • (d) the proposals concerning the report to be made in respect of the additional terms or conditions of employment; and

    • (e) the date of the notice.

Marginal note:Applicant’s response

  •  (1) The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 161(4) of the Act, file its response concerning the report to be made in respect of additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested by the other party.

  • Marginal note:Form and content

    (2) The response must be filed with the Board and signed by the authorized representative of the applicant and contain the following information:

    • (a) the proposals concerning the report to be made in respect of the additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested; and

    • (b) the date of the response.

DIVISION 5Strike Vote

Marginal note:Statement respecting strike vote

  •  (1) The bargaining agent must, no later than the day after the day on which the results of a strike vote are announced, file a statement respecting the strike vote.

  • Marginal note:Form and content

    (2) The statement must be filed with the Board and signed by the authorized representative of the bargaining agent and contain the following information:

    • (a) the names and contact information of the bargaining agent and its authorized representative;

    • (b) the name of the employer;

    • (c) a detailed description of the bargaining unit in which the strike vote was held;

    • (d) the number of employees in the bargaining unit;

    • (e) the date on which the strike vote was held;

    • (f) the date on which the results of the strike vote were announced;

    • (g) the oath or solemn affirmation of the authorized representative that the statement is true to the best of their knowledge and that the representative was authorized to make the statement, sworn or solemnly affirmed before a commissioner for taking a declaration under oath or any other person authorized by law to administer an oath or a solemn affirmation; and

    • (h) the date of the statement.

Marginal note:Application to have strike vote declared invalid

 An application for a declaration that a strike vote is invalid under subsection 184(2) of the Act must be filed with the Board and signed by the applicant or their authorized representative, and must contain the following information:

  • (a) the names and contact information of the applicant and their authorized representative, if any;

  • (b) the names of the bargaining agent and the employer;

  • (c) a description of the bargaining unit in which the strike vote was held;

  • (d) the date on which the results of the strike vote were announced;

  • (e) the irregularities alleged to have occurred in the conduct of the vote; and

  • (f) the date of the application for a declaration that a strike vote is invalid.

Marginal note:Bargaining agent’s reply

 A bargaining agent must, no later than five days after receipt of a copy of the application for a declaration that a strike vote is invalid, file a reply to it.

DIVISION 6Complaints Procedure

Marginal note:Complaint

 A complaint under section 190 of the Act must be filed with the Board and signed by the complainant or their authorized representative and must contain the following information:

  • (a) the names and contact information of the complainant and their authorized representative, if any;

  • (b) the name and contact information of the respondent;

  • (c) the paragraph of subsection 190(1) of the Act on which the complaint is based;

  • (d) a concise statement of each act, omission or other matter giving rise to the complaint;

  • (e) the date on which the complainant knew of the act, omission or other matter giving rise to the complaint;

  • (f) if the complaint alleges an unfair labour practice prohibited by paragraph 188(b) or (c) of the Act and if the employee organization has established a grievance or appeal procedure, then

    • (i) if the employee organization has provided the complainant with a copy of the decision with respect to the grievance or appeal, the date on which they received the decision, or

    • (ii) if the complainant did not receive a copy of the decision with respect to the grievance or appeal, the date on which a grievance or appeal was presented in accordance with any procedure that has been established by the employee organization;

  • (g) the steps that have been taken by or on behalf of the complainant for the resolution of the act, omission or other matter giving rise to the complaint;

  • (h) the corrective action sought under subsection 192(1) of the Act; and

  • (i) the date of the complaint.

DIVISION 6.1Complaint Under Section 133 of the Canada Labour Code

Marginal note:Canada Labour Code

 A complaint under section 133 of the Canada Labour Code that is made to the Board must be signed by the complainant or their authorized representative and must contain the following information:

  • (a) the names and contact information of the complainant and their authorized representative, if any;

  • (b) the name and contact information of the employer;

  • (c) a concise statement of each act, omission or other matter giving rise to the complaint;

  • (d) the steps that have been taken by or on behalf of the complainant for the resolution of the act, omission or other matter giving rise to the complaint;

  • (e) the corrective action sought under section 134 of the Canada Labour Code; and

  • (f) the date of the complaint.

DIVISION 7Declaration That Conduct Is Unlawful

Marginal note:Application for declaration that conduct is unlawful

 An application for a declaration that conduct is unlawful under subsection 198(1) of the Act must be filed with the Board and signed by the authorized representative of the employer and must contain

  • (a) the names and contact information of the employer and its authorized representative;

  • (b) the name and contact information of the respondent;

  • (c) the provision of the Act alleged to have been contravened;

  • (d) a description of the conduct giving rise to the application;

  • (e) the corrective action sought under subsection 198(2) of the Act; and

  • (f) the date of the application for a declaration that conduct is unlawful.

Marginal note:Reply

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

DIVISION 8Consent To Prosecution

Marginal note:Application to obtain Board’s consent

 An application to obtain the consent of the Board referred to in section 205 of the Act must be filed with the Board and signed by the applicant or the applicant’s authorized representative and must contain the following information:

  • (a) the name and contact information of the applicant and the applicant’s authorized representative, if any;

  • (b) the name and contact information of the respondent;

  • (c) the offence under Division 14 of Part 1 of the Act alleged to have been committed;

  • (d) the provision of the Act alleged to have been contravened;

  • (e) a description of the conduct giving rise to the application; and

  • (f) the date of the application to obtain the consent of the Board.

PART 2Grievances

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 Board or an adjudicator, as the case may be.

  • SOR/2014-251, s. 23

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 must consist of a maximum of three levels.

Marginal note:Notice of level

  •  (1) An employer must 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 contact information, 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 must 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 must authorize an employer to communicate the information to its employees by a means other than posting notices.

Marginal note:Individual grievance form

  •  (1) An employer must prepare a form for an individual grievance that sets out the information to be provided by the grievor, including

    • (a) the name, mailing and electronic mail address, telephone number, place of work, position title, division and section or unit and classification of the grievor as well as the name of the grievor’s employer;

    • (b) either

      • (i) a statement of the nature of each act, omission or other matter that establishes the alleged violation or misinterpretation giving rise to the grievance including, as the case may be, a reference to any relevant provision of a statute or regulation or of a direction or other instrument made or issued by the employer, that deals with the terms and conditions of employment or any relevant provision of a collective agreement or an arbitral award, or

      • (ii) a statement of the alleged occurrence or matter affecting the grievor’s terms and conditions of employment;

    • (c) the date on which the alleged violation or misinterpretation or the alleged occurrence or matter affecting the grievor’s terms and conditions of employment occurred; and

    • (d) the corrective action requested.

  • Marginal note:Approval

    (2) The form must be submitted to the Board for approval, and the Board must approve it if the form requests the information that is required under paragraphs (1)(a) to (d) and if any other information requested on the form is relevant to resolving the individual grievance.

  • Marginal note:Copies

    (3) The employer must make copies of the approved form available to all of its employees.

 
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