Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.))

Act current to 2016-01-25 and last amended on 2015-06-23. Previous Versions

Marginal note:Powers of adjudicator

 An adjudicator has, for the purposes of the adjudication of a grievance respecting a matter referred to in paragraph 63(1)(a), (b) or (c) that is referred to adjudication, the powers that the Board has under paragraph 15(d) of this Act and paragraphs 20(a) and (d) to (f) of the Public Service Labour Relations and Employment Board Act, in relation to the hearing or determination of a proceeding before it.

  • 1992, c. 1, s. 111;
  • 2013, c. 40, s. 433.

Jurisdiction of Adjudicator

Marginal note:Compliance with procedures
  •  (1) Subject to any regulation made by the Board under paragraph 71(1)(d), no grievance shall be referred to adjudication and no adjudicator shall hear or render a decision on a grievance until all procedures established for the presenting of the grievance up to and including the final level in the grievance process have been complied with.

  • Marginal note:Decision requiring amendment

    (2) No adjudicator shall, in respect of any grievance, render any decision thereon the effect of which would be to require the amendment of a collective agreement or an arbitral award.

  • Marginal note:Binding effect

    (3) Where a grievance has been presented up to and including the final level in the grievance process and is not one that under section 63 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Part and no further action under this Part may be taken thereon.

Decision of Adjudicator

Marginal note:Hearing of grievance
  •  (1) Where a grievance is referred to adjudication, the adjudicator shall give both parties to the grievance an opportunity of being heard.

  • Marginal note:Decision on grievance

    (2) After considering the grievance, the adjudicator shall render a decision thereon and

    • (a) send a copy thereof to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit to which the employee whose grievance it is belongs; and

    • (b) deposit a copy of the decision with the Board.

  • Marginal note:Decision of board of adjudication

    (3) In the case of a board of adjudication, a decision of the majority of the members on a grievance is a decision of the board thereon, and the decision shall be signed by the chairperson of the board.

  • Marginal note:Implementation of decision by employer

    (4) Where a decision on any grievance referred to adjudication requires any action by or on the part of the employer affected thereby, the employer shall take that action.

  • Marginal note:Action to be taken by employee or bargaining agent

    (5) Where a decision on any grievance requires any action by or on the part of an employee or a bargaining agent or both of them, the employee or bargaining agent, or both, as the case may be, shall take that action.

  • Marginal note:Powers of Board with respect to decision on grievance

    (6) The Board may, in accordance with section 13, take such action as is contemplated by that section to give effect to the decision of an adjudicator on a grievance but shall not inquire into the basis or substance of the decision.

  • R.S., 1985, c. 33 (2nd Supp.), s. 68;
  • 2003, c. 22, s. 187(E);
  • 2013, c. 40, s. 434.
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