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.
Review of Decisions
Marginal note:No review by court
72. (1) Except as provided in this Part, every award or decision of an arbitrator appointed under section 49 or an adjudicator is final and shall not be questioned or reviewed in any court.
Marginal note:No review by injunction, etc.
(2) No order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator appointed under section 49 or an adjudicator in any of the proceedings of the arbitrator or adjudicator.
- R.S., 1985, c. 33 (2nd Supp.), s. 72;
- 2013, c. 40, s. 436.
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