P.S.S.R.B. Regulations and Rules of Procedure, 1993 (SOR/93-348)

32 Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom an employee organization is certified as the bargaining agent, the Board may require that the employer file a list of any persons who occupy positions that have been identified by the employer or by the Board as managerial or confidential positions.

33 An application or intervener’s application filed under this Part shall be accompanied by all or part of the documentary evidence on which the applicant or intervener intends to rely to satisfy the Board that a majority of employees in the proposed bargaining unit wishes the applicant or intervener to represent them as their bargaining agent.

34 Any documentary evidence that does not accompany an application or an intervener’s application shall be filed no later than on the terminal date.

35 Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.

36 An employee or a group of employees who has filed a statement of opposition pursuant to section 26 may appear at the hearing referred to in section 35 or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

37 The Board may dispose of an application without further notice to any person who has not filed, on or before the terminal date, a document in respect of the application.

PART IIIIdentification of Managerial or Confidential Positions

• 38 (1) Where, after the Board has certified an employee organization as a bargaining agent for a bargaining unit, the employer wishes to identify a position in that bargaining unit in accordance with the criteria set out in subsection 5.1(1) of the Act, the employer shall, for the position identified, submit to the Board and the bargaining agent, in addition to the notification required by subsection 5.2(2) of the Act, a document setting out

  • (a) the job title, position or work description, position number, classification, the department or agency and the geographic location of the identified position;

  • (b) the citation of the paragraph in subsection 5.1(1) of the Act that sets out the criterion met by the identified position; and

  • (c) where the position is identified under paragraph 5.1(1)(e) of the Act, the applicable paragraph, together with the job title, position or work description, position number and classification of the position in relation to which the duties and responsibilities of the occupant of the identified position are alleged to be confidential.

• (2) Where a bargaining agent files an objection pursuant to subsection 5.2(3) of the Act, the objection shall contain a concise statement of the grounds for the objection.

• (3) Where a bargaining agent files an objection pursuant to subsection 5.3(1) of the Act, the objection shall set out, for each position objected to,

  • (a) the job title, position or work description, position number, classification, the department or agency and the geographic location of the position objected to; and

  • (b) a concise statement of the grounds for the objection.

• (4) Forthwith on the filing of an objection referred to in subsections (2) and (3), the bargaining agent shall provide a copy of the objection to the employer.

PART IVProcedure for Revocation of Certification

General

39 Where an application is filed, the Board may require the employer to file a list that identifies all the employees in the bargaining unit, along with specimen signatures of those employees.

40 Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.

41 [Repealed, SOR/2002-127, s. 1]

42 An employee or a group of employees who has filed a statement of opposition pursuant to section 26 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

43 Sections 20, 26, 27 and 37 apply, with such modifications as the circumstances require, in respect of proceedings under this Part.

Applications

44 An application shall be filed with the Secretary in duplicate in Form 8 of the schedule.

45 An application made under section 42 of the Act shall be accompanied by all or part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

• 46 (1) Any documentary evidence that does not accompany an application that is filed pursuant to section 44, shall be filed no later than on the terminal date.

• (2) The Board shall not accept evidence of signification that employees no longer wish to be represented by the bargaining agent for the bargaining unit, unless the evidence is in writing and is signed by the employees referred to in section 45.

• 47 (1) Where an application is filed, the Secretary shall provide a copy of the application to

  • (a) the bargaining agent; and

  • (b) the employer, where the application is made by a person other than the employer.

• (2) The Secretary shall provide the employer with as many notices of application in Form 9 of the schedule as appropriate to the number of employees and the locations at which they are employed.

• (3) An employer that has been provided with notices referred to in subsection (2) shall

  • (a) immediately on receipt thereof, post the notices in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application, and keep the notices posted until after the terminal date; and

  • (b) after the terminal date, file with the Secretary a statement that the employer has complied with paragraph (a).

48 The bargaining agent and, where the application is made by a person other than the employer, the employer may, no later than on the terminal date, file with the Secretary a reply in duplicate in Form 10 of the schedule.

PART VArbitration

49 A notice of request for arbitration given under subsection 64(1) of the Act shall be filed with the Secretary in quintuplicate in Form 11 of the schedule.

50 A notice of request for arbitration on any additional matter under subsection 64(6) of the Act shall be filed by a party with the Secretary in quintuplicate in Form 12 of the schedule and shall specify the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act.

• 51 (1) Where a party files a notice referred to in section 50, the Secretary shall provide a copy of the notice, to the other party.

• (2) A party may, no later than on the seventh day after being provided with a copy of a notice pursuant to subsection (1), file a notice with the Secretary in quintuplicate, specifying its proposals concerning the award to be made by the arbitration board in respect of the additional matters set out in the notice.

• (3) The Secretary shall provide to the party that filed a notice referred to in section 50 a copy of any proposals filed by the other party pursuant to subsection (2).

• 52 (1) Where a party that is entitled to request arbitration on any additional matter under subsection 64(6) of the Act makes no such request, the party may, no later than on the seventh day after the receipt by that party of the notice filed pursuant to section 49, file a notice with the Secretary, in quintuplicate specifying the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act.

• (2) The Secretary shall provide to the party that filed a notice pursuant to section 49 a copy of any proposals filed pursuant to subsection (1).

53 After the expiry of the time for the filing of the notice referred to in subsection 64(6) of the Act or in subsection 51(2) or 52(1), each party shall, no later than on the day specified by the arbitration board, file with the Secretary six sets of a memorandum of issues to be argued by the party and six sets of the material in support thereof that the arbitration board may consider in rendering the award.

54 Where a party objects to the reference of a matter to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the chairperson shall give the parties the opportunity to make representations on the matter before delivering to the arbitration board the notice referring the matters in dispute pursuant to subsection 66(1) of the Act.

PART VIDesignated Positions

• 55 (1) An employer who files a statement with the Board pursuant to subsection 78.1(5) or 78.1(10) of the Act shall include in the statement the job title, position number, classification, department or agency and geographic location of each position contained in the statement.

• (2) Forthwith on the filing of a statement referred to in subsection (1), the employer shall provide a copy of the statement to the bargaining agent.

• 56 (1) An employer shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of each position that is included in a reference in accordance with subsection 78.1(7) of the Act.

• (2) Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent.

• 57 (1) An employer who refers the position in dispute to the Board under subsection 78.2(1) of the Act shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of the position.

• (2) Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent.

58 On the designation by the Board of a position under subsection 78.1(6) or (10) of the Act, the chairperson shall send a notice of the designation to the parties.

59 Sections 55 to 58 and 60 apply, with such modifications as the circumstances require, in respect of a position that is reviewed pursuant to section 78.4 of the Act.

• 60 (1) For the purposes of section 78.5 of the Act, the Board, or if authorized by the Board, the employer, shall inform an employee occupying a designated position of the designation by providing to that employee a notice in Form 13 of the schedule no later than on the thirtieth day after the day on which

  • (a) a notice of designation is sent to the employer pursuant to subsection 78.2(4) of the Act, or section 58; or

  • (b) an employee first occupies a designated position.

• (2) Where the Board or the employer, as the case may be, provides a notice referred to in subsection (1) to the employee occupying the designated position, the Board or the employer shall provide, forthwith, a copy of the notice to the employee organization that is certified as the bargaining agent for the bargaining unit in which the employee is a member.

PART VIIDispute Process Specification

61 Where the Board certifies an employee organization as the bargaining agent for a bargaining unit, the bargaining agent shall specify the process for resolution of any dispute to which it may be a party, by filing the specification, in duplicate, with the Secretary.

62 A bargaining agent that filed a specification pursuant to section 61 may apply to the Board to record an alteration in the process for resolution of a dispute that is applicable to the bargaining unit in respect of which the bargaining agent is certified, by filing an alteration of specification with the Secretary

• (a) before the day on which notice to bargain collectively is given under paragraph 50(2)(a) of the Act; or

• (b) during the period beginning on a day that is one month before notice to bargain collectively may be given under paragraph 50(2)(b) of the Act and ending on the day on which the notice to bargain collectively is given under that paragraph.

PART VIIIGrievance Process and Adjudication Procedure

General

63 Notwithstanding anything in this Part, the times prescribed by this Part or provided for in a grievance procedure contained in a collective agreement or in an arbitral award for the doing of any act, the presentation of a grievance at any level or the providing or filing of any notice, reply or document may be extended, either before or after the expiration of those times

• (a) by agreement between the parties; or

• (b) by the Board, on the application of an employer, an employee or a bargaining agent, on such terms and conditions as the Board considers advisable.