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

Regulations are current to 2020-09-09 and last amended on 2020-03-06. Previous Versions

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.

  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 32
  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 33

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).

  • SOR/2020-43, s. 34

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).

  • SOR/2020-43, s. 35(E)

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.

  • SOR/2020-43, s. 36
  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 50(E)

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.

 
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