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

Regulations are current to 2022-11-16

PART VIIIGrievance Process and Adjudication Procedure (continued)

Presentation of Grievance (continued)

 An employee may present a grievance, other than a grievance under paragraph 71(1)(b) or 71(2)(b), at a level higher than the first level in the grievance process,

  • (a) no later than on the tenth day after the day on which the employee receives a reply to the grievance at the preceding lower level; or

  • (b) where the employee does not receive a reply to the grievance no later than on the thirtieth day after the last day on which the authorized representative of the employer was required, pursuant to section 74, to reply to the grievance at the preceding lower level.

  •  (1) Where an employee presents a grievance at any level in the grievance process in accordance with section 71 or 73, other than a grievance that relates to classification, the authorized representative of the employer at that level shall provide the employee with a reply, in writing, to the grievance, no later than on the fifteenth day after the day on which the grievance was presented at that level.

  • (2) Where an employee presents a grievance that relates to classification in accordance with section 71, the authorized representative of the employer at the final level shall provide the employee with a reply, in writing, to the grievance, no later than on the sixtieth day after the day on which the grievance was presented at that level.

  • (3) Where an employee presents a grievance that relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award, the authorized representative of the employer shall, within the time referred to in subsection (1), provide a copy of the reply of that representative to the authorized representative of the appropriate bargaining agent at the address referred to in paragraph 71(4)(b).

  • (4) Where an employee who is not included in a bargaining unit for which an employee organization has been certified as a bargaining agent presents a grievance, the employee may state in the grievance that the employee seeks the assistance of and chooses to be represented by an employee organization, by indicating the name of the employee organization and the name and address of the authorized representative of that employee organization.

  • (5) Where an employee presents a grievance referred to in subsection (4), the authorized representative of the employer shall, within the time referred to in subsection (1), provide a copy of the reply of that representative to the authorized representative of the employee organization named by the employee at the address given by the employee.

  •  (1) An employee may, by written notice to the employee’s immediate supervisor or the local officer-in-charge, abandon a grievance at any level of the grievance process.

  • (2) An employee abandons a grievance where the employee fails to present a grievance to the next higher level in the grievance process within the time referred to in section 73.

Adjudication Procedure

  •  (1) An employee may refer a grievance to adjudication under section 92 of the Act by filing with the Secretary in duplicate a notice in Form 14 of the schedule, together with a copy of the grievance that the employee submitted to the employee’s immediate supervisor or the local officer-in-charge pursuant to paragraph 71(1)(a) or (b) or paragraph 71(2)(a) or (b), no later than on the thirtieth day after the earlier of

    • (a) the day on which the employee received a reply at the final level of the grievance process, and

    • (b) the last day on which the authorized representative of the employer was required, pursuant to the provisions of a collective agreement or arbitral award or pursuant to section 74, to reply to the grievance at the final level of the grievance process.

  • (2) Where a notice is filed under subsection (1), the Secretary shall provide the employer with a copy of the notice.

  • (3) Where a grievance relates to the interpretation or application, in respect of an employee, of a provision of a collective agreement or an arbitral award, the notice filed under subsection (1) shall contain a statement by an authorized representative of the bargaining agent for the employee that the bargaining agent

    • (a) approves of the reference of the grievance to adjudication; and

    • (b) is willing to represent the employee in the adjudication proceedings.

  • SOR/96-457, s. 5

 An employer shall, no later than on the tenth day after the day on which the employer was provided with a copy of a notice referred to in subsection 76(2), file with the Secretary, a copy of the reply that was made to the grievance at each level of the grievance process and a copy of the grievance replied to at the final level.

  •  (1) Where an employee requests the establishment of a board of adjudication pursuant to subsection 95(1) of the Act, the Secretary shall provide the employer with a notice in Form 15 of the schedule.

  • (2) An employer shall, no later than on the tenth day after the day on which the employer was provided with a notice pursuant to subsection (1), file with the Secretary

    • (a) a document that sets out the name of the person the employer nominates to be a member of the board of adjudication; or

    • (b) an objection to the establishment of a board of adjudication.

  • (3) Where, within the time specified in subsection (2), an employer does not file an objection to the establishment of a board of adjudication and fails to nominate a person to be a member of the board of adjudication, the Board, on behalf of the employer, shall nominate a person to be a member of the board of adjudication.

  •  (1) Where a grievance arises out of a collective agreement and an adjudicator is named in the collective agreement, the Secretary shall provide the adjudicator with a copy of the notice filed under subsection 76(1) and copies of any reply to the grievance filed pursuant to section 77.

  • (2) Where an employee requests the establishment of a board of adjudication and no objection thereto is filed by the employer within the time specified in subsection 78(2), the Secretary shall provide a copy of the notice filed under subsection 76(1) and copies of any reply to the grievance filed pursuant to section 77 to

    • (a) the nominees of the parties; and

    • (b) the member of the Board who is assigned to act as chairperson of the board of adjudication pursuant to paragraph 94(1)(a) of the Act.

  • (3) Where subsections (1) and (2) do not apply, the Secretary shall provide a copy of the notice filed under subsection 76(1) and a copy of any reply to the grievance filed pursuant to section 77 to the adjudicator selected by the parties or by the Board under paragraphs 95(2)(a.1) and (c) of the Act, respectively.

 Where the Board, the adjudicator or a board of adjudication determines that a hearing shall be held, the Secretary shall provide a notice of hearing to the employee and the employer.

  •  (1) The Board, the adjudicator or the chairperson of a board of adjudication may, by notice, require a party to file with the Secretary a statement of the party’s position in respect of a grievance, within the time specified in the notice.

  • (2) The Secretary shall, on receipt of a statement filed by a party pursuant to subsection (1), provide a copy of the statement to the other party.

  •  (1) Where a grievance relates to the interpretation or application, in respect of an employee, of a provision of a collective agreement or an arbitral award, the Secretary shall provide the authorized representative of the bargaining agent with

    • (a) a copy of any reply to the grievance filed pursuant to section 77 and a copy of any statement of position filed pursuant to subsection 81(1); and

    • (b) where a hearing is to be held, a notice of hearing.

  • (2) Where subsection (1) does not apply and an employee has stated in a grievance pursuant to subsection 74(4) that the employee seeks the assistance of and chooses to be represented by an employee organization in the presentation of the grievance, the Secretary shall provide the employee organization with

    • (a) copies of any reply filed pursuant to section 77 and a copy of any statement of position filed pursuant to subsection 81(1); and

    • (b) where a hearing is to be held, a notice of hearing.

 The decision of an adjudicator or a board of adjudication shall contain

  • (a) a summary of the grievance;

  • (b) a summary of the representations of the parties; and

  • (c) the reasons for the decision.

  •  (1) Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may dismiss a grievance on the ground that it is not a grievance that may be referred to adjudication pursuant to section 92 of the Act.

  • (2) The Board, in considering whether a grievance should be dismissed pursuant to subsection (1), shall

    • (a) request that the parties submit written arguments within the time and in the manner specified by the Board; or

    • (b) hold a hearing.

  • (3) Where the Board dismisses a grievance under subsection (1), the Board shall provide a copy of the decision and reasons therefor to the parties.

  • (4) An employee may, no later than on the twenty-fifth day after being provided with a copy of a decision pursuant to subsection (3), file with the Secretary a request that the Board review its decision.

  • (5) A request for review that is filed pursuant to subsection (4) shall contain a concise statement of the facts and grounds on which the employee relies in support of the review.

  • (6) Where a request for review is filed with the Secretary, the Board shall

    • (a) provide the employee, and any other person who may be affected by the request for review, with a notice of hearing to show cause as to why the request for a review should be heard;

    • (b) rescind the decision and direct that the grievance be proceeded with in accordance with these Regulations; or

    • (c) confirm in writing the decision dismissing the grievance.

  • (7) Where the Board holds a hearing referred to in paragraph (6)(a), the Board shall rescind or confirm the Board’s decision in accordance with paragraph (6)(b) or (c).

Reference Under Section 99 of the Act

  •  (1) A party may refer a matter to the Board under section 99 of the Act by filing with the Secretary, in duplicate, a notice in Form 16 of the schedule.

  • (2) Where a party files a notice referred to in subsection (1), the Secretary shall provide the other party with a copy of the notice.

  • (3) The other party may, no later than on the tenth day after the day on which that other party is provided with a copy of a notice pursuant to subsection (2), file with the Secretary a statement of the other party’s position.

  • (4) Where a statement of position is filed pursuant to subsection (3), the Secretary shall provide to the party that filed the notice under subsection (1) a copy of the statement.

  • (5) Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing after

    • (a) the expiration of the time specified in subsection (3); or

    • (b) a party has received a copy of the statement of position, where the party is provided with a copy of the statement provided pursuant to subsection (4).

PART IXDeclaration that Strike Unlawful or Lawful

 An application made pursuant to subsection 104(1) or (2) of the Act shall be filed with the Secretary, in duplicate, and shall contain the material facts on which the applicant relies in support of the application.

 Where an application is filed pursuant to section 86, the Secretary shall provide each respondent with a copy thereof.

 A respondent may file with the Secretary, in duplicate, a reply no later than on the sixth day after the day on which the respondent is provided with a copy of an application pursuant to section 87.

 Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing after the expiration of the time specified in section 88.

PART XConsent to Prosecute

  •  (1) An application to the Board for consent of the Board referred to in section 107 of the Act shall be filed with the Secretary in Form 17 of the schedule and shall be accompanied by a declaration under oath or solemn affirmation by a person who has personal knowledge of the facts on which the applicant relies to support the application.

  • (2) On receipt of an application filed pursuant to subsection (1), the Secretary shall provide each respondent named therein with a notice in Form 18 of the schedule and a copy of the declaration under oath or solemn affirmation filed pursuant to that subsection that is applicable to that respondent.

 A respondent may, no later than on the tenth day after being provided with a notice and a copy of the declaration under oath or solemn affirmation under subsection 90(2), file a reply with the Secretary.

 On receipt of a reply by a respondent filed pursuant to section 91, the Secretary shall provide the applicant with the reply.

 Where the time specified by section 91 has expired, the Board may

  • (a) direct that a hearing be held with respect to any or all of the issues that may arise in connection with an application filed pursuant to subsection 90(1); or

  • (b) grant or deny consent in respect of the application on the basis of the material then before the Board.

 Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing.

 After a hearing referred to in paragraph 93(a) is held, the Board shall grant or deny consent in respect of the application on the basis of the material then before the Board and the evidence submitted at the hearing.

 
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