Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2017-09-14 and last amended on 2017-06-22. Previous Versions

Board of Adjudication

Marginal note:Constitution
  •  (1) A board of adjudication consists of one member of the Board designated by the Chairperson, who is the chairperson of the board of adjudication, and two other persons, each of whom is nominated by one of the parties.

  • Marginal note:Ineligibility

    (2) A person is not eligible to be a member of a board of adjudication if the person has any direct interest in or connection with the grievance referred to the board of adjudication, its handling or its disposition.

Jurisdiction

Marginal note:Compliance with procedures

 No grievance may be referred to adjudication until the grievance has been presented at all required levels in accordance with the applicable grievance process.

  • 2003, c. 22, s. 2 "225";
  • 2013, c. 40, s. 375.

Powers

Marginal note:Powers of adjudicator
  •  (1) An adjudicator may, in relation to any matter referred to adjudication, exercise any of the powers set out in paragraph 16(d) of this Act and sections 20 to 23 of the Federal Public Sector Labour Relations and Employment Board Act.

  • Marginal note:Powers of adjudicator and Board

    (2) An adjudicator or the Board may, in relation to any matter referred to adjudication,

    • (a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;

    • (b) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act; and

    • (c) award interest in the case of grievances involving termination, demotion, suspension or financial penalty at a rate and for a period that the adjudicator or the Board, as the case may be, considers appropriate.

  • 2003, c. 22, s. 2 "226";
  • 2013, c. 40, s. 376;
  • 2017, c. 9, s. 56.

 [Repealed, 2013, c. 40, s. 376]

Decision

Marginal note:Hearing of grievance
  •  (1) If a grievance is referred to adjudication, the adjudicator or the Board, as the case may be, must give both parties to the grievance an opportunity to be heard.

  • Marginal note:Decision on grievance

    (2) After considering the grievance, the adjudicator or the Board, as the case may be, must render a decision, make the order that the adjudicator or the Board consider appropriate in the circumstances, and then send a copy of the order  —  and, if there are written reasons for the decision, a copy of the reasons  —  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. The adjudicator must also deposit a copy of the order and, if there are written reasons for the decision, a copy of the reasons, with the Chairperson.

  • Marginal note:Decision of board of adjudication

    (3) In the case of a board of adjudication, a decision of a majority of the members on a grievance is deemed to be a decision of the board in respect of the grievance, and the decision must be signed by the chairperson of the board.

  • Marginal note:Decision where majority cannot agree

    (4) If a majority of members of the board of adjudication cannot agree on the making of a decision, the decision of the chairperson of the board is deemed to be the decision of the board.

  • 2003, c. 22, s. 2 "228";
  • 2013, c. 40, s. 378.
Marginal note:Decision requiring amendment

 An adjudicator’s or the Board’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award.

  • 2003, c. 22, s. 2 "229";
  • 2013, c. 40, s. 379.
Marginal note:Determination of reasonableness of opinion

 In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator or the Board, as the case may be, must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator or the Board to have been reasonable.

  • 2003, c. 22, s. 2 "230";
  • 2013, c. 40, s. 379.
Marginal note:Determination of consent requirement

 An adjudicator or the Board, when seized of a grievance referred to in subparagraph 209(1)(c)(ii), may determine any question relating to whether

  • (a) consent to being deployed was a condition of the employee’s employment; or

  • (b) the employee harassed another person in the course of the employee’s employment.

  • 2003, c. 22, s. 2 "231";
  • 2013, c. 40, s. 380.
Marginal note:Decision in respect of certain policy grievances

 If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s or the Board’s decision in respect of the policy grievance is limited to one or more of the following:

  • (a) declaring the correct interpretation, application or administration of a collective agreement or an arbitral award;

  • (b) declaring that the collective agreement or arbitral award has been contravened; and

  • (c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner.

  • 2003, c. 22, s. 2 "232";
  • 2013, c. 40, s. 381.
Marginal note:No review by court

 Subsections 34(1) and (3) of the Federal Public Sector Labour Relations and Employment Board Act apply, with any necessary modifications, to an adjudicator’s orders and decisions.

  • 2003, c. 22, s. 2 "233";
  • 2013, c. 40, s. 382;
  • 2017, c. 9, s. 56.
Marginal note:Filing of order in Federal Court
  •  (1) The Board must, on the request in writing of any person who was a party to the proceedings that resulted in an order of an adjudicator or the Board, as the case may be, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the opinion of the Board,

    • (a) there is no indication, or likelihood, of failure to comply with the order; or

    • (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.

  • Marginal note:Non-application

    (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).

  • Marginal note:Effect of filing

    (3) An order of an adjudicator or the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.

  • 2003, c. 22, s. 2 "234";
  • 2013, c. 40, s. 382;
  • 2017, c. 9, s. 56.

Expenses of Adjudication

Marginal note:Aggrieved employee not represented by agent
  •  (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board.

  • Marginal note:Aggrieved employee represented by agent

    (2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval.

  • Marginal note:Recovery

    (3) Any amount that by subsection (2) is payable to the Board by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.

  • 2003, c. 22, s. 2 "235";
  • 2013, c. 40, s. 383.
 
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