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

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.

• 63 (1) An employee shall present a grievance, at any level, to the employee’s immediate supervisor or local officer-in-charge and that supervisor or officer-in-charge shall immediately

  • (a) forward a copy of the grievance to the authorized representative of the employer at the appropriate level; and

  • (b) deliver or cause to be delivered to the employee a receipt stating the date on which the grievance was received by the supervisor or officer-in-charge.

• (2) Where, under these Regulations, an employee is required to present a grievance within prescribed time limits, the employee is deemed to have done so when the employee has delivered it, or caused it to be delivered, to the employee’s immediate supervisor or local officer-in-charge within the prescribed time or has sent the grievance within the prescribed time to the employee’s immediate supervisor or local officer-in-charge by registered mail at the address referred to in subsection 60(2).

• (3) The period within which an employer shall reply to a grievance at any level shall be calculated from the date on which the grievance is received by the employee’s immediate supervisor or the local officer-in-charge.

64 An employee may present a grievance, other than a grievance presented under paragraph 62(1)(b), at a level higher than the first level in the grievance process, not later than

• (a) the 10th day after the day on which the employee received a reply to the grievance at the preceding lower level; or

• (b) where the employee does not receive a reply to the grievance, the 30th day after the last day on which the employer was required to reply to the grievance at the preceding lower level under section 65.

• 65 (1) Subject to subsection (2), where a grievance has been presented by an employee at any level in the grievance process in accordance with section 62 or 64, the authorized representative of the employer at that level shall serve on the employee a reply to the grievance in writing not later than the 15th day after the day on which the grievance was presented at that level.

• (2) Where a grievance that relates to classification has been presented in the manner referred to in subsection (1), the authorized representative of the employer at the final level shall serve on the employee a reply to the grievance in writing not later than the 30th day after the day on which the grievance was presented at that level.

• (3) Where a grievance relates to the interpretation or application in respect of an employee of a provision of a collective agreement or arbitral award, a copy of the reply of the authorized representative of the employer shall be served on the authorized representative of the bargaining agent concerned at the address referred to in paragraph 62(4)(b) within the time prescribed in subsection (1).

• (4) Where a grievance relates to an action or circumstance other than the interpretation or application in respect of an employee of a provision of a collective agreement or arbitral award and the employee who presents the grievance states therein that the employee wishes to be assisted by or represented in the presentation of the grievance by an employee organization, a copy of the reply of the authorized representative of the employer shall be served on the authorized representative of the employee organization named by the employee at the address given in the statement.

• 66 (1) An employee may, by written notice to the employee’s immediate supervisor or local officer-in-charge, abandon a grievance at any level of the grievance process.

• (2) Where an employee fails to present a grievance to the next higher level in the grievance process within the time fixed by section 64, the employee is deemed to have abandoned the grievance.

Adjudication Procedure

• 67 (1) Where a grievance may be referred to adjudication under section 63 of the Act, an employee may do so by filing with the Board in duplicate a notice in Form 14 together with a copy of the grievance that the employee submitted to the employee’s immediate supervisor or local officer-in-charge pursuant to subparagraph 62(1)(a) or (b) not later than the 30th day after the earlier of

  • (a) the day on which the employee received a reply at the final level of the grievance process; or

  • (b) the last day on which the authorized representative of the employer was required to reply to the grievance at the final level of the grievance process under section 65.

• (2) Where a notice is filed under subsection (1), the Board shall serve on the employer a copy of the notice.

• (3) Where a grievance relates to the interpretation or application in respect of an employee of a provision of a collective agreement or arbitral award, the notice under subsection (1) shall contain a statement by an authorized representative of the bargaining agent for the employee that the bargaining agent

  • (a) approves of the reference of the grievance to adjudication; and

  • (b) is willing to represent the employee in the adjudication proceedings.

68 Where an employee receives a final level reply to a grievance with respect to classification or where the time for providing such a reply expires before a day that is one year after Part I of the Act comes into force, the time period provided by subsection 67(1) shall, subject to subsection 63(3) of the Act, commence on the day that is one year after the day on which Part I of the Act comes into force.

• 69 (1) Where a grievance with respect to a matter described in paragraph 63(1)(d), (e) or (f) of the Act is referred to adjudication, the grievor shall advise the Board within 30 days after the date the reference is made, or within such longer period as the parties may agree, of the name of the adjudicator selected by the parties pursuant to paragraph 66(3)(a) of the Act to adjudicate the grievance.

• (2) Where the parties are unable to select an adjudicator within the period of time provided by subsection (1), either party may submit a written request to the Chairperson of the Board to select an adjudicator.

70 Where a copy of a notice is served on the employer pursuant to subsection 67(2), the employer shall, not later than the 10th day after that service, file with the Board a copy of the reply that was made to the grievance pursuant to subsection 65(1) or (2) or at each level of the grievance process provided for under the collective agreement, as the case may be, and a copy of the grievance replied to at the final level.