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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 2Grievances (continued)

Individual Grievances (continued)

Marginal note:Presentation of grievance

 An employee who wishes to present an individual grievance must do so on the form provided by the employer and approved by the Board and must submit it to the employee’s immediate supervisor or local officer-in-charge identified under subsection 65(1).

Marginal note:Deadline for presentation of grievance at first level

  •  (1) A grievor may present an individual grievance at the first level of the individual grievance process no later than 35 days after the earlier of the day on which the grievor received notification and the day on which the grievor had knowledge of the alleged violation or misinterpretation or any occurrence or matter affecting the grievor’s terms and conditions of employment.

  • Marginal note:Deadline for presentation at higher level

    (2) A grievor may present an individual grievance at each succeeding level beyond the first level

    • (a) no later than 15 days after the day on which the decision of the previous level was received; or

    • (b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required.

  • Marginal note:Grievance deemed presented

    (3) An individual grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is sent by courier or delivered to the grievor’s immediate supervisor or local officer-in-charge identified under subsection 65(1).

Marginal note:Representation — grievance relating to interpretation or application

  •  (1) A grievor who presents an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award must provide, together with the form,

    • (a) a declaration 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 grievor, in presenting the individual grievance, has the approval of and is represented by the bargaining agent; and

    • (b) the contact information of the authorized representative for the purpose of providing documents.

  • Marginal note:Representation — grievance relating to other matters

    (2) A grievor who presents an individual grievance other than the one referred to in subsection (1), and who is represented by another person in presenting the grievance, must provide, together with the form,

    • (a) a declaration signed by the person or, if the person is an employee organization, its authorized representative, indicating that the person or the employee organization agree to act on behalf of the grievor; and

    • (b) the contact information of the person or, if the person is an employee organization, its authorized representative for the purpose of providing documents.

  • Marginal note:Representation — grievor not included in a bargaining unit

    (3) A grievor who is not included in a bargaining unit, who presents an individual grievance and who is represented by another person in presenting the grievance must provide, together with the form,

    • (a) a declaration signed by the person or, if the person is an employee organization, its authorized representative, indicating that the person or employee organization agrees to act on behalf of the grievor; and

    • (b) the contact information of the person or, if the person is an employee organization, of its authorized representative, for the purpose of providing documents.

Marginal note:Receipt and transmission

 On receipt of an individual grievance, the immediate supervisor or the local officer-in-charge identified under subsection 65(1) must

  • (a) deliver to the grievor or to the grievor’s representative, if any, a receipt stating the date on which the individual grievance was received by the immediate supervisor or the local officer-in-charge; and

  • (b) forward the individual grievance to the person whose decision constitutes the appropriate level of the individual grievance process.

Marginal note:Circumstances in which a level may be eliminated

 An individual grievance may be presented directly at the final level of the individual grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment.

Marginal note:Deadline for decision

  •  (1) Unless the individual grievance relates to classification, the person whose decision constitutes the appropriate level of the individual grievance process must provide the decision to the grievor or the grievor’s representative, if any, no later than 20 days after the day on which the individual grievance was received by the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1).

  • Marginal note:Exception

    (2) If the individual grievance relates to classification, the deadline is 80 days.

Marginal note:Withdrawal of grievance

  •  (1) A grievor may, by written notice to the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1), withdraw an individual grievance at any level of the individual grievance process before a decision is made at the level.

  • Marginal note:Receipt and transmission

    (2) On receipt of a notice of withdrawal of an individual grievance, the immediate supervisor or the local officer-in-charge must

    • (a) deliver to the grievor or the grievor’s representative, if any, a receipt stating the date on which the notice was received by the immediate supervisor or local officer-in-charge; and

    • (b) forward the notice to the person whose decision constitutes the appropriate level of the individual grievance process.

Group Grievances

Marginal note:Maximum number of levels

 A group grievance process is to consist of a maximum of three levels.

Marginal note:Notice of level

 An employer must notify the bargaining agent of the employees to whom the group grievance process applies of the name or title, as well as the contact information, of any person to whom a group grievance may be presented.

Marginal note:Group grievance form

  •  (1) An employer must prepare a form for a group grievance that sets out the information to be provided by the bargaining agent, including

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

    • (b) a statement of the nature of each act, omission or other matter giving rise to the grievance that establishes the alleged violation or misinterpretation, including, as the case may be, a reference to any relevant provision of a collective agreement or an arbitral award;

    • (c) the date on which the alleged violation or misinterpretation 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 group grievance.

  • Marginal note:Copies

    (3) The employer must make copies of the approved form available to the bargaining agent.

Marginal note:Presentation of grievance

  •  (1) A bargaining agent who presents a group grievance must do so on the form provided by the employer and approved by the Board and must submit it to any person identified under section 75.

  • Marginal note:Consent of aggrieved employees

    (2) The bargaining agent must submit, together with the group grievance, the consent of aggrieved employees to the presentation of a group grievance, signed by each of the consenting employees.

  • Marginal note:Form and contents

    (3) The consent must contain the following information:

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

    • (b) a description of the bargaining unit to which the aggrieved employees belong;

    • (c) the portion of the federal public administration in which the aggrieved employees work;

    • (d) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the group grievance;

    • (e) the provision of the collective agreement or arbitral award that is the subject of the group grievance;

    • (f) a statement of the group grievances;

    • (g) the corrective action sought; and

    • (h) the date on which each aggrieved employee consented and their work location.

Marginal note:Deadline for presentation of grievance at first level

  •  (1) A bargaining agent may present a group grievance at the first level of the group grievance process no later than 35 days after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.

  • Marginal note:Deadline for presentation of grievance at higher level

    (2) A bargaining agent may present a group grievance at each succeeding level beyond the first level

    • (a) no later than 15 days after the day on which the decision of the previous level was received; or

    • (b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required.

  • Marginal note:Grievance deemed presented

    (3) A group grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is sent by courier or delivered to any person identified under section 75.

Marginal note:Receipt and transmission

 On receipt of a group grievance, the person identified under to section 75 must

  • (a) deliver to the bargaining agent a receipt stating the date on which the group grievance was received by the person; and

  • (b) forward the group grievance to the person whose decision constitutes the appropriate level of the group grievance process.

Marginal note:Deadline for decision

 The person whose decision constitutes the appropriate level of the group grievance process must provide a decision to the bargaining agent no later than 20 days after the day on which the group grievance was received by any person identified under section 75.

Marginal note:Withdrawal of grievance

  •  (1) A bargaining agent may, by written notice to any person identified under section 75, withdraw a group grievance at any level of the group grievance process before the decision is made at that level.

  • Marginal note:Receipt and transmission

    (2) On receipt of a notice of withdrawal of a group grievance, the person identified under section 75 must

    • (a) deliver to the bargaining agent a receipt stating the date on which the notice was received by the person; and

    • (b) forward the notice to the person whose decision constitutes the appropriate level of the group grievance process.

Marginal note:Withdrawal from a group grievance

  •  (1) A bargaining agent who receives a notice of withdrawal from a group grievance referred to in section 218 of the Act at any level of the group grievance process must provide a copy of the notice to any person identified under section 75.

  • Marginal note:Receipt and transmission

    (2) On receipt of a copy of a notice of withdrawal from a group grievance, the person identified under section 75 must

    • (a) deliver to the bargaining agent a receipt stating the date on which the copy of the notice was received by the person; and

    • (b) forward the notice to the person whose decision constitutes the appropriate level of the group grievance process.

Policy Grievances

Marginal note:Maximum number of levels

 A policy grievance process must consist of one level.

Marginal note:Notice from employer

  •  (1) An employer must notify the bargaining agent of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.

  • Marginal note:Notice from bargaining agent

    (2) A bargaining agent must notify the employer of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.

 
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