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

Regulations are current to 2016-06-06 and last amended on 2014-11-19. Previous Versions

PART IVProcedure for Revocation of Certification

[SOR/2014-252, s. 15(F)]

Interpretation

 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)

  • SOR/2005-80, s. 7;
  • SOR/2014-252, s. 16.

Application of Other Provisions

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

Applications

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

  • SOR/2005-80, s. 7;
  • SOR/2014-252, s. 35.
  •  (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part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.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.

  • SOR/91-462, s. 6.
  •  (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).

  • SOR/2005-80, s. 7;
  • SOR/2014-252, s. 17.

 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.

  • SOR/2005-80, s. 3;
  • SOR/2014-252, s. 35.

General

 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.

 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.

 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.

  • SOR/2005-80, s. 7;
  • SOR/2014-252, s. 18.
  •  (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

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

  • SOR/2005-80, s. 4.
  •  (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).

  • SOR/2005-80, ss. 5, 8;
  • SOR/2014-252, ss. 19, 35.
  •  (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).

  • SOR/91-462, s. 7(F);
  • SOR/2005-80, s. 8;
  • SOR/2014-252, ss. 20, 35.

 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.

  • SOR/2005-80, s. 8;
  • SOR/2014-252, s. 35.

 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.

  • SOR/2005-80, s. 8;
  • SOR/2014-252, s. 21.

 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.

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

  • SOR/2005-80, s. 8;
  • SOR/2014-252, s. 22.

PART VIGrievance Process and Adjudication Procedure

Interpretation

 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

 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.

  •  (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.

  •  (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.

 
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