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

PART IVProcedure for Revocation of Certification

General

39 Where an application is filed, the Board may require the employer to file a list that identifies all the employees in the bargaining unit, along with specimen signatures of those employees.

40 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.

41 [Repealed, SOR/2002-127, s. 1]

42 An employee or a group of employees who has filed a statement of opposition pursuant to section 26 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.

43 Sections 20, 26, 27 and 37 apply, with such modifications as the circumstances require, in respect of proceedings under this Part.

Applications

44 An application shall be filed with the Secretary in duplicate in Form 8 of the schedule.

45 An application made under section 42 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part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

• 46 (1) Any documentary evidence that does not accompany an application that is filed pursuant to section 44, shall be filed no later than on the terminal date.

• (2) The Board shall not accept evidence of signification that employees no longer wish to be represented by the bargaining agent for the bargaining unit, unless the evidence is in writing and is signed by the employees referred to in section 45.

• 47 (1) Where an application is filed, the Secretary shall provide a copy of the application to

  • (a) the bargaining agent; and

  • (b) the employer, where the application is made by a person other than the employer.

• (2) The Secretary shall provide the employer with as many notices of application in Form 9 of the schedule as appropriate to the number of employees and the locations at which they are employed.

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

  • (a) immediately on receipt thereof, post the notices 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).

48 The bargaining agent and, where the application is made by a person other than the employer, the employer may, no later than on the terminal date, file with the Secretary a reply in duplicate in Form 10 of the schedule.

PART VArbitration

49 A notice of request for arbitration given under subsection 64(1) of the Act shall be filed with the Secretary in quintuplicate in Form 11 of the schedule.

50 A notice of request for arbitration on any additional matter under subsection 64(6) of the Act shall be filed by a party with the Secretary in quintuplicate in Form 12 of the schedule and shall specify the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act.

• 51 (1) Where a party files a notice referred to in section 50, the Secretary shall provide a copy of the notice, to the other party.

• (2) A party may, no later than on the seventh day after being provided with a copy of a notice pursuant to subsection (1), file a notice with the Secretary in quintuplicate, specifying its proposals concerning the award to be made by the arbitration board in respect of the additional matters set out in the notice.

• (3) The Secretary shall provide to the party that filed a notice referred to in section 50 a copy of any proposals filed by the other party pursuant to subsection (2).

• 52 (1) Where a party that is entitled to request arbitration on any additional matter under subsection 64(6) of the Act makes no such request, the party may, no later than on the seventh day after the receipt by that party of the notice filed pursuant to section 49, file a notice with the Secretary, in quintuplicate specifying the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act.

• (2) The Secretary shall provide to the party that filed a notice pursuant to section 49 a copy of any proposals filed pursuant to subsection (1).

53 After the expiry of the time for the filing of the notice referred to in subsection 64(6) of the Act or in subsection 51(2) or 52(1), each party shall, no later than on the day specified by the arbitration board, file with the Secretary six sets of a memorandum of issues to be argued by the party and six sets of the material in support thereof that the arbitration board may consider in rendering the award.

54 Where a party objects to the reference of a matter to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the chairperson shall give the parties the opportunity to make representations on the matter before delivering to the arbitration board the notice referring the matters in dispute pursuant to subsection 66(1) of the Act.

PART VIDesignated Positions

• 55 (1) An employer who files a statement with the Board pursuant to subsection 78.1(5) or 78.1(10) of the Act shall include in the statement the job title, position number, classification, department or agency and geographic location of each position contained in the statement.

• (2) Forthwith on the filing of a statement referred to in subsection (1), the employer shall provide a copy of the statement to the bargaining agent.

• 56 (1) An employer shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of each position that is included in a reference in accordance with subsection 78.1(7) of the Act.

• (2) Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent.

• 57 (1) An employer who refers the position in dispute to the Board under subsection 78.2(1) of the Act shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of the position.

• (2) Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent.

58 On the designation by the Board of a position under subsection 78.1(6) or (10) of the Act, the chairperson shall send a notice of the designation to the parties.

59 Sections 55 to 58 and 60 apply, with such modifications as the circumstances require, in respect of a position that is reviewed pursuant to section 78.4 of the Act.

• 60 (1) For the purposes of section 78.5 of the Act, the Board, or if authorized by the Board, the employer, shall inform an employee occupying a designated position of the designation by providing to that employee a notice in Form 13 of the schedule no later than on the thirtieth day after the day on which

  • (a) a notice of designation is sent to the employer pursuant to subsection 78.2(4) of the Act, or section 58; or

  • (b) an employee first occupies a designated position.

• (2) Where the Board or the employer, as the case may be, provides a notice referred to in subsection (1) to the employee occupying the designated position, the Board or the employer shall provide, forthwith, a copy of the notice to the employee organization that is certified as the bargaining agent for the bargaining unit in which the employee is a member.

PART VIIDispute Process Specification

61 Where the Board certifies an employee organization as the bargaining agent for a bargaining unit, the bargaining agent shall specify the process for resolution of any dispute to which it may be a party, by filing the specification, in duplicate, with the Secretary.

62 A bargaining agent that filed a specification pursuant to section 61 may apply to the Board to record an alteration in the process for resolution of a dispute that is applicable to the bargaining unit in respect of which the bargaining agent is certified, by filing an alteration of specification with the Secretary

• (a) before the day on which notice to bargain collectively is given under paragraph 50(2)(a) of the Act; or

• (b) during the period beginning on a day that is one month before notice to bargain collectively may be given under paragraph 50(2)(b) of the Act and ending on the day on which the notice to bargain collectively is given under that paragraph.

PART VIIIGrievance Process and Adjudication Procedure

General

63 Notwithstanding anything in this Part, the times prescribed by this Part or provided for in a grievance procedure contained in a collective agreement or in an arbitral award for the doing of any act, the presentation of a grievance at any level or the providing or filing of any notice, reply or document may be extended, either before or after the expiration of those times

• (a) by agreement between the parties; or

• (b) by the Board, on the application of an employer, an employee or a bargaining agent, on such terms and conditions as the Board considers advisable.

64 The adjudicator or the chairperson of a board of adjudication may adjourn any hearing and specify the time, place and terms of its continuance.

65 The adjudicator or the chairperson of a board of adjudication may direct that any person be added as a party to a proceeding or be provided with any document.

66 The adjudicator or the chairperson of a board of adjudication may direct that a proceeding be consolidated with any other proceeding, and may issue directions in respect of the conduct of the consolidated proceeding.

Grievance Process

67 Where an employer has not established, in accordance with section 68, the number of levels, or has not made available to employees in accordance with subsection 70(3) copies of the grievance form, the Board may, on application of an aggrieved employee, direct the manner of presenting a grievance and the procedure by which the grievance is to be processed or adjudicated.

68 A grievance process shall consist of a first level and a final level and shall not consist of more than four levels.

• 69 (1) An employer shall inform each employee to whom the grievance process applies of the names or titles of the persons designated pursuant to subsection 100(4) of the Act and the name or title, as well as the address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

• (2) Subject to subsection (3), an employer shall post notices containing the information required by subsection (1) in conspicuous places where the notices are most likely to come to the attention of the employees to whom the grievance process applies.

• (3) The Board may authorize an employer to communicate to employees the information required by subsection (1) by a means other than posting notices, if by that means, the information is most likely to come to the attention of the employees to whom the grievance process applies.

• 70 (1) An employer shall prepare a grievance form that sets out the following information to be given 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 a reference to the provision of a statute or of a regulation, by-law, direction or other instrument made or issued by the employer and dealing with the terms and conditions of employment, or to the provision of a 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 date on which each act or omission or other matter giving rise to the grievance occurred; and

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

• (2) The Board may approve a grievance form referred to in subsection (1) where the form sets out the information to be provided by that subsection, and may require, either before or after approving the form, that the employer amend the form in order to ensure that the contents of the form are consistent with the objects of the Act.

• (3) Where the Board has approved a grievance form referred to in subsection (1) or required the amendment of a form in accordance with subsection (2), the employer shall make copies thereof available to all employees to whom the grievance process applies.

Presentation of Grievance

• 71 (1) An employee described in paragraph 92(1)(b) of the Act may present a grievance to the employee’s immediate supervisor or the local officer-in-charge in the form referred to in section 70,

  • (a) where the grievance does not relate to classification, a demotion or the termination of employment pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, at the first level of the grievance process; and

  • (b) where the grievance relates to classification, a demotion or the termination of employment pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, at the final level of the grievance process.

• (2) An employee described in paragraph 92(1)(c) of the Act may present a grievance to the employee’s immediate supervisor or the local officer-in-charge, in the form referred to in section 70,

  • (a) where the grievance does not relate to classification or disciplinary action resulting in termination of employment, at the first level of the grievance process; and

  • (b) where the grievance relates to classification or disciplinary action resulting in termination of employment, at the final level of the grievance process.

• (3) An employee shall present a grievance no later than on the twenty-fifth day after the day on which the employee first had knowledge of any act, omission or other matter giving rise to the grievance or the employee was notified of the act, omission or other matter, whichever is the earlier.

• (4) An employee may present a grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award, only if the grievance 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, indicating that the employee, in presenting the grievance, has the approval of and is represented by the bargaining agent; and

  • (b) sets out the address of the authorized representative referred to in paragraph (a) at which documents may be provided.

• (5) A grievance of an employee is not invalid by reason only that it is not presented in the form approved by the Board under section 70.

• 72 (1) Immediately after receiving a grievance presented by an employee, the supervisor or local officer-in-charge shall

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

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

• (2) A grievance is deemed to have been presented within the time determined in accordance with subsection 71(3) where, within that time, it is delivered or sent by registered mail to the employee’s immediate supervisor or the local officer-in-charge at the address referred to in subsection 69(1).

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