Appointment of Adjudicators
Marginal note:Members to adjudicate
64. The Board shall assign such members as may be required to hear and adjudicate on grievances referred to adjudication under this Part.
Establishment of a Board of Adjudication
Marginal note:Composition of board of adjudication
65. (1) Where a grievance is referred to a board of adjudication, the board shall be composed of three persons, namely,
(a) a member of the Board, who shall be the chairperson; and
(b) two other persons, one nominated by each party.
Marginal note:Ineligible to be a member
(2) A person is not eligible to be a member of the board of adjudication established under subsection (1) if the person has any direct interest in or connection with the grievance, its handling or its disposition.
- R.S., 1985, c. 33 (2nd Supp.), s. 65;
- 2003, c. 22, s. 187(E).
Duty of the Board
Marginal note:Notice to specify whether adjudicator named, etc.
66. (1) Where a grievance has been referred to adjudication, the aggrieved employee shall, in the manner prescribed, give notice to the Board and shall specify in the notice whether an adjudicator is named in any applicable collective agreement or, if no such adjudicator is named, whether the employee requests the establishment of a board of adjudication.
Marginal note:Action to be taken by Board
(2) Where a grievance has been referred to adjudication and the aggrieved employee has notified the Board as required by subsection (1), the Board shall, in the manner and within the time prescribed,
(a) where the grievance is one arising out of a collective agreement and an adjudicator is named therein, refer the matter to the adjudicator so named;
(b) where the establishment of a board of adjudication has been requested by the aggrieved employee and no objection thereto has been made by the employer affected within such time as may be prescribed, establish the board and refer the matter to it; and
(c) in any other case, refer the matter to an adjudicator selected by it.
Marginal note:Adjudication of certain matters
(3) Notwithstanding section 64 and subsections (1) and (2) of this section, where a grievance respecting a matter referred to in paragraph 63(1)(d), (e) or (f) is referred to adjudication, the adjudication shall be by a single adjudicator selected by
(a) the employee and employer concerned; or
(b) the Chairperson, where the employer and employee are unable to agree on the selection of an adjudicator and either party makes a written request to the Chairperson to select an adjudicator.
Marginal note:Adjudicator re certain matters
(4) A person selected to adjudicate a grievance respecting a matter referred to in paragraph 63(1)(d), (e) or (f)
(a) shall not be a member of the Board but has, for the purposes of the adjudication, all the powers, rights and privileges of the Board other than the power to make regulations under section 12 of this Act or section 36 of the Public Service Labour Relations and Employment Board Act; and
(b) shall not have any direct interest in or in connection with the grievance, its handling or its disposition.
- R.S., 1985, c. 33 (2nd Supp.), s. 66;
- 2003, c. 22, s. 187(E);
- 2013, c. 40, s. 432.
- Date modified: