Expenses of Adjudication
Marginal note:Where adjudicator named in collective agreement
69. (1) Where an adjudicator is named in a collective agreement, the method of determining the adjudicator’s remuneration and of defraying such expenses as the adjudicator may incur shall be as established in the collective agreement naming the adjudicator, but if the agreement does not specify the method, the named adjudicator’s remuneration and expenses shall be borne equally by the parties.
Marginal note:Where no adjudicator named in agreement
(2) Where a grievance is referred to adjudication but is not referred to an adjudicator named in a collective agreement, and the employee, whose grievance it is, is represented in the adjudication proceedings by the bargaining agent for the bargaining unit to which the employee belongs, the bargaining agent, subject to subsection (3), is liable to pay and shall remit to the Board such part of the costs of the adjudication as may be determined by the Secretary of the Board with the approval of the Board.
(3) Where a grievance is referred to a board of adjudication, the remuneration and expenses of the nominee of each party shall be borne by the parties respectively.
(4) Any amount that by subsection (2) or (3) is payable to the Board by a bargaining agent may be recovered as a debt due to the Crown by the bargaining agent which shall, for the purposes of this subsection, be deemed to be a person.
Marginal note:Adjudicator re certain grievances
(5) Where a grievance respecting a matter referred to in paragraph 63(1)(d), (e) or (f) is referred to adjudication, the adjudicator’s remuneration and expenses shall be borne equally by the parties.
Enforcement of Obligations of Employer and Employee Organizations
Marginal note:Reference by employer or bargaining agent to Board
70. (1) Where an employer and a bargaining agent have executed a collective agreement or are bound by an arbitral award and the employer or the bargaining agent seeks to enforce an obligation that is alleged to arise out of the agreement or award, and the obligation, if any, is not one the enforcement of which may be the subject of a grievance of an employee in the bargaining unit to which the collective agreement or arbitral award applies, either the employer or the bargaining agent may, in the prescribed manner, refer the matter to the Board.
Marginal note:Board shall hear and determine
(2) Where a matter is referred to the Board pursuant to subsection (1), the Board shall hear and determine whether there is an obligation as alleged and whether, if there is, there has been a failure to observe or to carry out the obligation.
Marginal note:Hearing and determination of reference
(3) The Board shall hear and determine any matter referred to it pursuant to subsection (1) as though the matter were a grievance, and subsection 67(2) and sections 68 and 69 apply to the hearing and determination of that matter.
Regulations respecting Grievances
Marginal note:Regulations re procedures for presentation of grievances
71. (1) The Board may make regulations in relation to the procedure for the presenting of grievances, including regulations respecting
(a) the manner and form of presenting a grievance;
(b) the maximum number of levels of officers of the employer to whom grievances may be presented;
(c) the time within which a grievance may be presented up to any level in the grievance process including the final level;
(d) the circumstances in which any level below the final level in the grievance process may be eliminated; and
(e) in any case of doubt, the circumstances in which any occurrence or matter may be said to constitute a grievance.
Marginal note:Application of regulations
(2) Any regulations made by the Board under subsection (1) in relation to the procedure for the presentation of grievances shall not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board, to the extent that such regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees.
Marginal note:Regulations re adjudication of grievances
(3) The Board may make regulations in relation to the adjudication of grievances, including regulations respecting
(a) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process;
(b) the manner in which and the time within which boards of adjudication are to be established;
(c) the procedure to be followed by adjudicators; and
(d) the form of decisions rendered by adjudicators.
Marginal note:Employer to designate persons at final or any level
(4) For the purposes of any provision of this Part respecting grievances, an employer shall designate the person whose decision on a grievance constitutes the final or any level in the grievance process and the employer shall, in any case of doubt, by notice in writing advise any person wishing to present a grievance, or the Board, of the person whose decision thereon constitutes the final or any level in the process.
- Date modified: