238. The Board may make regulations respecting
(a) the manner of giving notice under subsection 223(1) and the time for making objections under paragraph 223(2)(c); and
(b) the manner in which and the time within which boards of adjudication are to be established.
PART 3OCCUPATIONAL HEALTH AND SAFETY
Marginal note:Meaning of public service
Part II of Canada Labour Code
Marginal note:Application to public service
240. Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in it as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application,
(a) any reference in that Part to
(i) “arbitration” is to be read as a reference to adjudication under Part 2,
(ii) the “Board” is to be read as a reference to the Public Service Labour Relations Board,
(iii) a “collective agreement” is to be read as a reference to a collective agreement within the meaning of subsection 2(1),
(iv) “employee” is to be read as a reference to a person employed in the public service, and
(v) a “trade union” is to be read as a reference to an employee organization within the meaning of subsection 2(1);
(b) section 156 of that Act does not apply in respect of the Public Service Labour Relations Board; and
(c) the provisions of this Act apply, with any modifications that the circumstances require, in respect of matters brought before the Public Service Labour Relations Board.
Defects in Proceedings
Marginal note:Defect in form or irregularity
241. (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity.
Marginal note:Grievance process
(2) The failure to present a grievance at all required levels in accordance with the applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1).
Restriction on Admissibility of Evidence
242. Except in the case of a prosecution for perjury,
(a) testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada; and
(b) reports of a public interest commission, and testimony or proceedings before a public interest commission, are not admissible in evidence in any court in Canada.
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