P.E.S.R.A. Regulations and Rules of Procedure (SOR/86-1140)

Regulations are current to 2014-09-15

 Where a party has filed proposals in only one official language pursuant to section 51 or 52, that party shall file with the Executive Director 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.

 After the time for the filing of the proposals described in subsection 51(1) or (2) or 52(1) expires, each party shall, on a date to be fixed by the Board, file with the Executive Director six sets of a memorandum of points to be argued by that party and six sets of the material in support thereof that the party wishes the Board to consider in rendering the award.

  • SOR/2005-80, s. 8.

 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 Executive Director shall, on the direction of the Board, serve the parties with a notice of hearing in Form 1.

  • SOR/2005-80, s. 8.

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.