Parliamentary Employment and Staff Relations Regulations (SOR/86-1140)

34 Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom an employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons who have been excluded from the proposed bargaining unit by reason of their being designated by the employer or by the Board to be persons employed in a managerial or confidential capacity.

35 A list required pursuant to subsection 32(1) or section 34 shall be filed in such form and manner and within such time as the Board considers advisable.

• 36 (1) An application or intervener’s application filed under this Part shall be accompanied by all or part of the documentary evidence on which the applicant or intervener intends to rely to satisfy the Board that a majority of employees in the proposed bargaining unit wishes the applicant or intervener to represent the employees as their bargaining agent.

• (2) Any documentary evidence that does not accompany an application or an intervener’s application pursuant to subsection (1) shall be filed on or before the terminal date.

37 If the Board decides to hold a hearing, it shall serve a notice of hearing on each party and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

• 38 (1) An employee or group of employees who has filed a statement of opposition in accordance with section 28 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

• (2) The Board shall not hear any oral evidence of opposition by or on behalf of employees to the certification of an employee organization other than such oral evidence as the Board may require to identify and substantiate a statement of opposition filed in accordance with section 28.

PART IIIDesignation of Managerial or Confidential Persons

• 39 (1) Where, after the Board has certified an employee organization as bargaining agent for a bargaining unit, the employer wishes to designate any person in that bargaining unit described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3 of the Act, the employer shall file with the Board in duplicate a statement setting forth the name of the person whom the employer wishes so to designate, the person’s job description, classification, the subparagraph under which the person is to be designated and, where any such person is to be designated under subparagraph (iv), the position, title, job description and classification of the person to whom the position of employment of the person to be designated is confidential.

• (2) Where a statement referred to in subsection (1) is filed, the Board shall serve a copy of that statement on the bargaining agent of the person to whom the statement applies.

• (3) Where the bargaining agent referred to in subsection (2) objects to the designation of a person pursuant to subsection (1), the bargaining agent shall file with the Board, not later than 15 days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds for the objection.

• (4) The time prescribed by subsection (3) may be extended either before or after the expiration of that time

  • (a) by agreement of the parties; or

  • (b) by the Board under section 9 in respect of any particular person or group of persons.

PART IVProcedure for Revocation of Certification

Interpretation

40 The following definitions apply in this Part.

application

application means an application for revocation of certification of a bargaining agent made under section 29 of the Act. (demande)

terminal date

terminal date means the day fixed by the Board, in accordance with paragraph 20(b), as the day by which specified actions with respect to an application shall be taken by the parties. (date limite)

Application of Other Provisions

41 Sections 20, 22, 28 and 29 apply, with such modifications as the circumstances require, to proceedings under this Part.

Applications

42 An application shall be filed with the Board in duplicate in Form 9.

• 43 (1) An application made under section 29 of the Act shall be accompanied by all or part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

• (2) Any documentary evidence that does not accompany an application pursuant to subsection (1) shall be filed on or before the terminal date.

• (3) Evidence of signification by employees that they no longer wish to be represented by the bargaining agent for the bargaining unit shall not be accepted by the Board unless the evidence is in writing signed by the employees.

• 44 (1) If an application is made, the Board shall

  • (a) serve the bargaining agent with a copy of the application; and

  • (b) if the application is made by a person other than the employer, serve the employer with a copy of the application.

• (2) The Board shall serve the employer with as many copies of the notice of the application as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

• (3) On receiving the copies, the employer shall immediately post them in conspicuous places where they are most likely to come to the attention of employees who may be affected by the application and leave them posted until the terminal date.

• (4) Immediately after the terminal date, the employer shall file with the Board a statement that they have complied with subsection (3).

45 Where an application is made, the bargaining agent and, if the application is made by a person other than the employer, the employer shall file with the Board a reply in duplicate in Form 11 not later than the terminal date.

General

46 The Board may require the employer to file a list of employees in the bargaining unit, together with specimen signatures of the employees, in such form and manner and within such time as the Board considers advisable.

47 No oral evidence of signification by employees that they no longer wish to be represented by the employee organization certified as the bargaining agent for the bargaining unit shall be accepted by the Board except to identify and substantiate the written evidence referred to in section 43.

48 If the Board decides to hold a hearing, it shall serve a notice of hearing on each party and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

• 49 (1) An employee or group of employees who has filed a statement of opposition in accordance with section 28 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

• (2) The Board shall not hear any oral evidence of opposition by or on behalf of employees to the application other than such oral evidence as the Board may require to identify and substantiate a statement of opposition filed in accordance with section 28.

PART VArbitration

50 A notice of request for arbitration under section 50 of the Act shall be filed in quintuplicate in Form 12.

• 51 (1) A notice of request for arbitration on any additional matter under section 51 of the Act shall be filed in quintuplicate in Form 13, and the party making that request shall, in addition to complying with the requirements of subsection 51(2) of the Act, include in the notice the party’s proposals, if any, concerning the award to be made by the Board in respect of the terms and conditions of employment for which arbitration was requested under section 50 of the Act.

• (2) If a party files a notice under subsection (1), the Board shall provide the other party with a copy of that notice and the other party shall, within seven days after the day on which it receives the copy, file with the Board five copies of its proposals, if any, concerning the award to be made by the Board in respect of the additional matters raised in the notice.

• (3) The Board shall provide to the party referred to in subsection (2) a copy of any proposals filed by the other party pursuant to subsection (2).

• 52 (1) If a party who is entitled under section 51 of the Act to request arbitration of an additional matter does not make a request, the party shall, within seven days after the day on which it receives the notice referred to in section 50, file with the Board five copies of its proposals, if any, concerning the award to be made by the Board in respect of the terms and conditions of employment for which arbitration was requested under section 50 of the Act.

• (2) The Board shall deliver to the other party a copy of any proposals filed pursuant to subsection (1).

53 Where a party has filed proposals in only one official language pursuant to section 51 or 52, that party shall file with the Board the proposals in the other offical language on or before the date set for the hearing of the request for arbitration.

54 After the time to file proposals referred to in subsection 51(1) or (2) or 52(1) has expired, each party shall, on the date fixed by the Board, file with the Board six copies of a memorandum of points to be argued by that party together with six copies of the material in support of those points that the party wishes the Board to consider in rendering the award.

55 Where either party has not filed its proposals pursuant to section 50 or 51 of the Act or pursuant to subsection 51(1) or (2) or 52(1), the Board may direct that party to file the proposals on such terms and conditions as the Board considers advisable, and if that party fails to comply with the direction, the Board may refuse to permit that party to adduce evidence or make representations in respect of the proposals to which the direction relates.

56 The Board shall serve the parties with a notice of hearing.

PART VIGrievance Process and Adjudication Procedure

Interpretation

57 In this Part,

final level

final level means the final level of the grievance process established pursuant to subsection 60(1); (dernier palier)

level

level means a level of management to which a grievance is presented. (palier)

Grievance Process

58 Sections 59 to 66 do not apply to employees included in a bargaining unit for which a bargaining agent has been certified by the Board, to the extent that those sections are inconsistent with any provisions contained in a collective agreement applicable to those employees entered into by the bargaining agent and the employer.

• 59 (1) Each employer shall establish a grievance process in the manner set forth in this Part.

• (2) Until an employer has established a grievance process under subsection (1), the Board may, on application of an aggrieved employee, direct the manner and procedure by which a grievance is to be processed or adjudicated.

• 60 (1) A grievance process shall not consist of more than three levels.

• (2) Each employer shall inform each employee to whom the grievance process applies of the name or title of the persons designated pursuant to subsection 71(4) of the Act together with the name or title and the address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

• (3) The information required by subsection (2) shall be communicated to employees by means of notices posted in conspicuous places where the notices are most likely to come to the attention of the employees to whom the grievance process applies or otherwise as the employer may, with the approval of the Board, determine.

• 61 (1) Each employer shall prepare and submit to the Board for the Board’s approval a grievance form or forms that require the following information to be stated by an aggrieved employee:

  • (a) the name and address of the aggrieved employee and any additional information, other than the employee’s Social Insurance Number, necessary to identify the aggrieved employee;

  • (b) a concise statement of the nature of each act or omission complained of, including, where relevant, a reference to the statute, regulation, by-law, direction or other instrument made or issued by the employer or the collective agreement or arbitral award alleged to have been violated or misinterpreted that will identify the nature of the alleged violation or misinterpretation;

  • (c) the steps, if any, that have been taken by the aggrieved employee for the adjustment of the matters giving rise to the grievance;

  • (d) the date or dates on which each act or omission or other matter giving rise to the grievance occurred; and

  • (e) the corrective action requested by the aggrieved employee.

• (2) Before or after approving a form submitted under subsection (1), the Board may require an employer to alter the form in the manner that the Board considers advisable.

• (3) On approval by the Board of a form submitted under subsection (1), the employer shall make copies thereof available to all employees concerned.

Presentation of Grievance

• 62 (1) Where an employee wishes to present a grievance, the employee shall do so in the manner prescribed in subsection 63(1) and in the form approved by the Board pursuant to section 61,

  • (a) where the grievance does not relate to termination of employment, demotion, denial of appointment or classification, at the first level of the grievance process; and

  • (b) where the grievance relates to termination of employment, demotion, appointment or classification, at the final level of the grievance process.

• (2) A grievance shall be presented by an employee

  • (a) where it relates to denial of appointment, not later than the 15th day,

  • (b) where it relates to termination of employment, demotion or classification, not later than the 25th day, and

  • (c) where it does not relate to a matter described in paragraphs (a) and (b), not later than the 20th day

  after the day on which the employee was notified orally or in writing, or where the employee was not so notified, after the day on which the employee first had knowledge of an action or circumstances giving rise to the grievance.

• (3) A grievance of an employee is not invalid by reason only that it is not presented in the form supplied by the employer.

• (4) Where the grievance of an employee alleges that the employee is aggrieved by reason of the interpretation or application in respect of the employee of a provision of a collective agreement or arbitral award, the grievance shall not be presented unless it contains a statement that

  • (a) is signed by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, signifying that the employee, in presenting the grievance, has the approval of and will be represented by the bargaining agent; and

  • (b) sets out an address for service of the authorized representative.