Marginal note:Authority to amend or vary award
61. The Board may, on application jointly by both parties to an arbitral award, amend, alter or vary any provision of that award where it is made to appear to the Board that the amendment, alteration or variation thereof is warranted, having regard to circumstances that have arisen since the making of the award or of which the Board did not have notice at the time of the making thereof, or having regard to such other circumstances as the Board deems relevant.
Right to Present Grievances
Marginal note:Right of employee
62. (1) Where any employee feels aggrieved
(a) by the interpretation or application, in respect of the employee, of
(i) a provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or
(ii) a provision of a collective agreement or an arbitral award, or
(b) as a result of any occurrence or matter affecting the employee’s terms and conditions of employment, other than a provision described in subparagraph (a)(i) or (ii),
the employee is entitled, subject to subsection (2), to present the grievance at each of the levels, up to and including the final level, in the grievance process provided for by this Part.
(2) An employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.
Marginal note:Right to be represented by employee organization
(3) An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of and, if the employee chooses, may be represented by any employee organization in the presentation or reference to adjudication of a grievance.
(4) No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any employee organization, other than the employee organization certified as bargaining agent, in the presentation or reference to adjudication of a grievance.
Adjudication of Grievances
Reference to Adjudication
Marginal note:Reference of grievance to adjudication
63. (1) Where an employee has presented a grievance, up to and including the final level in the grievance process, with respect to
(a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award,
(b) disciplinary action against the employee resulting in suspension or a financial penalty,
(c) the termination of employment of the employee, other than rejection on probation in respect of an initial appointment,
(d) demotion of the employee,
(e) where the employee has been denied an appointment, the employer’s evaluation of the skill, fitness and ability of the employee with respect to the employee’s qualification for the appointment, or
(f) subject to subsection 5(3), the employer’s classification of the employee,
and the grievance has not been dealt with to the satisfaction of the employee, the employee may refer the grievance to adjudication.
Marginal note:Approval of bargaining agent
(2) Where a grievance that may be presented by an employee to adjudication is a grievance described in paragraph (1)(a), the employee is not entitled to refer the grievance to adjudication unless the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies signifies in prescribed manner its approval of the reference of the grievance to adjudication and its willingness to represent the employee in the adjudication proceedings.
Marginal note:Commencement of certain grievance adjudication
(3) A grievance with respect to a matter referred to in paragraph (1)(f) shall not be adjudicated under this Part unless the circumstances that cause the grievance are in existence after the day that is one year after this Part comes into force.
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