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P.S.S.R.B. Regulations and Rules of Procedure, 1993 (SOR/93-348)

Regulations are current to 2024-10-14

P.S.S.R.B. Regulations and Rules of Procedure, 1993

SOR/93-348

FEDERAL PUBLIC SECTOR LABOUR RELATIONS ACT

PUBLIC SERVICE STAFF RELATIONS ACT

PUBLIC SERVICE LABOUR RELATIONS ACT

Registration 1993-06-16

Regulations and Rules of Procedure of the Public Service Staff Relations Board, 1993

The Public Service Staff Relations Board, pursuant to subsections 5.2(1)Footnote * and 22(1)Footnote **, section 28, subsections 29(1), 37(1)Footnote *** and 39(1), section 78.5Footnote ****, subsection 92(2), section 95Footnote *****, subsection 99(1) and section 100 of the Public Service Staff Relations Act, hereby revokes the P.S.S.R.B. Regulations and Rules of Procedure, made on November 7, 1990Footnote ******, and makes the annexed Regulations and Rules of Procedure of the Public Service Staff Relations Board, 1993, in substitution therefor, effective on the date of publication in the Canada Gazette.

Ottawa, June 16, 1993

Short Title

1 These Regulations may be cited as the P.S.S.R.B. Regulations and Rules of Procedure, 1993.

Interpretation

  • 2 (1) In these Regulations,

    Act

    Act means the Public Service Staff Relations Act; (Loi)

    application

    application means a complaint, an application for certification, for revocation of certification, for a declaration that a strike is unlawful or lawful and for consent of the Board referred to in section 107 of the Act, as the case may be; (demande)

    Board

    Board means the Public Service Staff Relations Board; (Commission)

    person

    person includes an employee organization, a council of employee organizations and an employer; (personne)

    Secretary

    Secretary means the Secretary of the Board and includes an assistant Secretary. (secrétaire)

    terminal date

    terminal date means a day which is not less than 10 days and not more than 30 days after the day on which an application is filed. (date limite)

  • (2) Where a period of time is specified in these Regulations as a number of days, the period shall be computed as being the number of days specified, exclusive of Saturdays and holidays.

General

  • 3 (1) The Board may, on its own initiative or that of a party, request that information contained in any document filed by any other party be made more complete or specific.

  • (2) The Board, after giving a party the opportunity to reply to a request referred to in subsection (1), may strike from the document the information that is incomplete or insufficiently specific.

4 The Board may direct that a proceeding before the Board be consolidated with any other proceeding before the Board and may issue directions in respect of the conduct of the consolidated proceeding.

5 The Board may adjourn a hearing and specify the day, time, place and terms of its continuance.

6 Notwithstanding any other provision in these Regulations, the Board may

  • (a) extend the time specified by these Regulations, or allow for additional time to do any act, provide any notice or file any document; or

  • (b) on notice to all parties, reduce the time specified by these Regulations to do any act, provide any notice or file any document.

  • SOR/96-457, s. 1

7 The Board may direct that any person be added as a party to a proceeding or be provided with any document.

  • 8 (1) Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may dismiss an application on the ground that the Board lacks jurisdiction.

  • (2) The Board, in considering whether an application or complaint should be dismissed pursuant to subsection (1), shall

    • (a) request that the parties submit written arguments within the time and in the manner specified by the Board; or

    • (b) hold a preliminary hearing.

  • (3) Where the Board dismisses an application under subsection (1), the Board shall provide a copy of the decision and reasons therefor to the parties.

  • (4) A party may, no later than on the twenty-fifth day after being provided with a copy of a decision pursuant to subsection (3), file with the Secretary a request that the Board review the decision.

  • (5) A request for review that is filed pursuant to subsection (4) shall contain a concise statement of the facts and grounds on which the party relies in support of the review.

  • (6) Where a request for review is filed with the Secretary, the Board shall

    • (a) provide the party, and any other person who may be affected by the request for a review, with a notice of hearing to show cause as to why the request for a review should be heard;

    • (b) rescind the decision and direct that the application be proceeded with in accordance with these Regulations; or

    • (c) confirm in writing the decision dismissing the application.

  • (7) Where the Board holds a hearing referred to in paragraph (6)(a), the Board shall rescind or confirm the Board’s decision in accordance with paragraph (6)(b) or (c).

9 Where a witness is to be summoned, the summons shall be in Form 1 of the schedule.

10 No proceeding under these Regulations is invalid by reason only of a defect in form or a technical irregularity.

11 Where a procedural matter that is not provided for by these Regulations arises during the course of a proceeding before the Board, the matter shall be dealt with in such manner as the Board directs.

Filing

  • 12 (1) Subject to subsection (2), a document shall be deemed to be filed with the Secretary

    • (a) where the document is sent by registered mail that is addressed to the Secretary, on the date on which the document is sent; or

    • (b) where the document is not sent by registered mail, on the day on which the document is received by or on behalf of the Secretary.

  • (2) Where a document referred to in paragraph (1)(b) is received by or on behalf of the Secretary after 4:00 p.m. local time of a business day of the Board, the document shall be deemed to be filed with the Secretary on the next business day of the Board.

Hearing

  • 13 (1) Where a hearing is to be held, the notice of hearing shall be provided to the parties at least five days before the day that is fixed for the hearing.

  • (2) Where a person who is provided with a notice of hearing fails to attend the hearing or any continuance thereof, the Board may proceed with the hearing and dispose of the matter without further notice to that person.

PART IComplaints Procedure

14 A complaint that is made under section 23 of the Act shall be filed with the Secretary in duplicate in Form 2 of the schedule.

15 The Secretary shall provide each respondent named in a complaint filed pursuant to section 14 with a copy of the complaint.

16 A respondent, no later than on the tenth day after being provided with a copy of a complaint under section 15, may reply thereto by filing with the Secretary a reply in duplicate.

  • 17 (1) The Secretary shall provide the complainant with a copy of the reply filed by the respondent pursuant to section 16.

  • (2) Where the Board decides to hold a hearing, the Secretary shall provide the parties with a notice of hearing after

    • (a) the expiration of the time specified in section 16, where the respondent does not file a reply within that time; or

    • (b) the complainant has been provided with a copy of the reply, where a copy of the reply is provided pursuant to subsection (1).

PART IICertification Procedure

Interpretation

18 In this Part, intervener means an employee organization that intervenes with respect to a certification proceeding before the Board. (intervenant)

General

19 An application shall be filed with the Secretary in duplicate in Form 3 of the schedule.

20 Where an application is filed under section 19, the Secretary shall

  • (a) provide the employer named in the application with a copy of the application;

  • (b) fix a terminal date; and

  • (c) notify the parties of the terminal date.

  • 21 (1) The Secretary shall provide the employer with as many notices of application in Form 4 of the schedule as are appropriate to the number of employees and the locations at which they are employed.

  • (2) An employer who has been provided with notices referred to in subsection (1) shall

    • (a) post the notices, immediately on receipt thereof, in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application, and keep the notices posted until after the terminal date; and

    • (b) after the terminal date, file with the Secretary a statement that the employer has complied with paragraph (a).

22 An employer shall, no later than on the terminal date, file with the Secretary a reply to the application in duplicate in Form 5 of the schedule.

23 The Secretary shall provide a copy of the application to any employee organization known to the Board as claiming to represent any employees who may be affected by the application.

24 An employee organization that is provided with a copy of the application or that claims to represent any of the employees who may be affected by the application may file with the Secretary its intervention in duplicate in Form 6 of the schedule no later than on the terminal date.

  • 25 (1) An employee organization intending to apply for certification as the bargaining agent of any employees who may be affected by an application shall file with the Secretary in triplicate, no later than on the terminal date, an intervener’s application in Form 7 of the schedule.

  • (2) Paragraph 20(a) and section 21 apply in respect of an intervener’s application, with such modifications as the circumstances require.

  • (3) Where the Board directs the Secretary to fix a separate terminal date with regard to the intervener’s application, the Secretary shall fix that date and shall notify the parties of it.

  • SOR/96-457, s. 2

26 Where an employee or a representative of a group of employees is affected by an application or intervener’s application and wishes to make representations to the Board in opposition to the application or intervener’s application, the employee or the representative of a group of employees shall file with the Secretary, no later than on the terminal date, a concise statement of opposition that

  • (a) is signed by the employee or by each member of the group of employees; and

  • (b) sets out the mailing address of the employee or the representative of the group of employees, as the case may be.

27 An application, reply, intervention, intervener’s application, statement of opposition and notice may be amended with leave of the Board.

28 Where the person making an application or an intervener’s application is a council of employee organizations, the council shall file with the Secretary, when the application or intervener’s application is filed, as the case may be, the documents on which the council intends to rely to satisfy the Board that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

29 Where an application or intervener’s application is filed, the Board may require the employer to file, within the time specified by the Board, lists that identify

  • (a) all employees in respect of whom the application is filed along with specimen signatures of those employees; and

  • (b) all employees whose duties include the supervision of other employees.

  • 30 (1) 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 no employee organization is certified as the bargaining agent, the Board may require that the employer file a list of any employees whom the employer claims should be excluded from the proposed bargaining unit as the employees occupy positions identified by the employer as managerial or confidential positions.

  • (2) The Secretary shall provide a copy of a list filed pursuant to subsection (1) to the applicant and, where there is an intervener, to the intervener.

31 An applicant or the intervener shall, no later than on the tenth day after the day on which the Secretary has provided the applicant or the intervener applying for certification with a copy of a list filed pursuant to subsection 30(1), file with the Secretary a statement showing, in respect of each position that appears on the list, whether the applicant or the intervener objects to the identification made by the employer.

32 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 that the employer file a list of any persons who occupy positions that have been identified by the employer or by the Board as managerial or confidential positions.

33 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 them as their bargaining agent.

34 Any documentary evidence that does not accompany an application or an intervener’s application shall be filed no later than on the terminal date.

35 Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.

36 An employee or a group of employees who has filed a statement of opposition pursuant to section 26 may appear at the hearing referred to in section 35 or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

  • SOR/96-457, s. 3

37 The Board may dispose of an application without further notice to any person who has not filed, on or before the terminal date, a document in respect of the application.

  • SOR/96-457, s. 3

PART IIIIdentification of Managerial or Confidential Positions

  • 38 (1) Where, after the Board has certified an employee organization as a bargaining agent for a bargaining unit, the employer wishes to identify a position in that bargaining unit in accordance with the criteria set out in subsection 5.1(1) of the Act, the employer shall, for the position identified, submit to the Board and the bargaining agent, in addition to the notification required by subsection 5.2(2) of the Act, a document setting out

    • (a) the job title, position or work description, position number, classification, the department or agency and the geographic location of the identified position;

    • (b) the citation of the paragraph in subsection 5.1(1) of the Act that sets out the criterion met by the identified position; and

    • (c) where the position is identified under paragraph 5.1(1)(e) of the Act, the applicable paragraph, together with the job title, position or work description, position number and classification of the position in relation to which the duties and responsibilities of the occupant of the identified position are alleged to be confidential.

  • (2) Where a bargaining agent files an objection pursuant to subsection 5.2(3) of the Act, the objection shall contain a concise statement of the grounds for the objection.

  • (3) Where a bargaining agent files an objection pursuant to subsection 5.3(1) of the Act, the objection shall set out, for each position objected to,

    • (a) the job title, position or work description, position number, classification, the department or agency and the geographic location of the position objected to; and

    • (b) a concise statement of the grounds for the objection.

  • (4) Forthwith on the filing of an objection referred to in subsections (2) and (3), the bargaining agent shall provide a copy of the objection to the employer.

Table of Contents

 

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