Public Service Labour Relations Board Regulations (SOR/2005-79)

Marginal note:Notice of reference to adjudication

• 89. (1) A notice of a reference to adjudication shall be filed, together with two copies of the grievance,

  • (a) in the case of an individual grievance,

    • (i) in Form 20 of the schedule if the grievance relates to the interpretation or application of a provision of a collective agreement or an arbitral award, or

    • (ii) in Form 21 of the schedule if the grievance relates to a termination, demotion, suspension, financial penalty or deployment;

  • (b) in the case of a group grievance, in Form 22 of the schedule; and

  • (c) in the case of a policy grievance, in Form 23 of the schedule.

• Marginal note:Copy of consent form

  (2) If the notice of the reference to adjudication concerns a group grievance, the bargaining agent shall also provide, in duplicate, a copy of the consent form submitted in accordance with subsection 77(2).

• Marginal note:Grievance relating to interpretation or application

  (3) If an individual grievance relates to the interpretation or application, in respect of the grievor, of a provision of a collective agreement or an arbitral award, the notice of the reference to adjudication shall contain a declaration by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, indicating that the bargaining agent is willing to represent the grievor in the adjudication proceedings.

Marginal note:Deadline for reference to adjudication

• 90. (1) Subject to subsection (2), a grievance may be referred to adjudication no later than 40 days after the day on which the person who presented the grievance received a decision at the final level of the applicable grievance process.

• Marginal note:Exception

  (2) If no decision at the final level of the applicable grievance process was received, a grievance may be referred to adjudication no later than 40 days after the expiry of the period within which the decision was required under this Part or, if there is another period set out in a collective agreement, under the collective agreement.

Marginal note:Deadline — establishment of board of adjudication

• 91. (1) The party that receives a copy of a notice of a reference to adjudication may, no later than 15 days after receipt of the notice,

  • (a) if the notice contains a request for the establishment of a board of adjudication, object to the establishment of a board or file a document specifying the name of their nominee as member of the board; or

  • (b) in any other case, request the establishment of a board of adjudication.

• Marginal note:Deadline — establishment of board of adjudication

  (2) Where the party that receives a copy of a notice of a reference to adjudication requests the establishment of a board of adjudication, the other party may, no later than 15 days after being provided with a copy of the request, object to the establishment of the board or file a document specifying the name of their nominee as a member of the board.