Decision

Marginal note:Hearing of grievance

• 228. (1) If a grievance is referred to adjudication, the adjudicator or the Board, as the case may be, must give both parties to the grievance an opportunity to be heard.

• Marginal note:Decision on grievance

  (2) After considering the grievance, the adjudicator or the Board, as the case may be, must render a decision, make the order that the adjudicator or the Board consider appropriate in the circumstances, and then send a copy of the order  —  and, if there are written reasons for the decision, a copy of the reasons  —  to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit to which the employee whose grievance it is belongs. The adjudicator must also deposit a copy of the order and, if there are written reasons for the decision, a copy of the reasons, with the Chairperson.

Marginal note:Decision requiring amendment

229. An adjudicator’s or the Board’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award.

Marginal note:Determination of reasonableness of opinion

230. In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator or the Board, as the case may be, must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator or the Board to have been reasonable.

Marginal note:Determination of consent requirement

231. An adjudicator or the Board, when seized of a grievance referred to in subparagraph 209(1)(c)(ii), may determine any question relating to whether

Marginal note:Decision in respect of certain policy grievances

232. If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s or the Board’s decision in respect of the policy grievance is limited to one or more of the following:

Marginal note:No review by court

233. Subsections 34(1) and (3) of the Public Service Labour Relations and Employment Board Act apply, with any necessary modifications, to an adjudicator’s orders and decisions.

Marginal note:Filing of order in Federal Court

• 234. (1) The Board must, on the request in writing of any person who was a party to the proceedings that resulted in an order of an adjudicator or the Board, as the case may be, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the opinion of the Board,

  • (a) there is no indication, or likelihood, of failure to comply with the order; or

  • (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.

• Marginal note:Non-application

  (2) Section 35 of the Public Service Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).

• Marginal note:Effect of filing

  (3) An order of an adjudicator or the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.

• Marginal note:Aggrieved employee represented by agent

  (2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval.

Marginal note:Evidence respecting information obtained

243. Members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Act.

• (a) notes or draft orders or decisions of an adjudicator;

Marginal note:Criminal or civil proceedings

245. No criminal or civil proceedings lie against a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator or a person seized of a referral under subsection 182(1) for anything done  —  or omitted to be done  —  or reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act.

Marginal note:Remuneration and expenses

• 247. (1) Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council.

Marginal note:Payment of witness fees

248. A person who is summoned by an arbitration board, a public interest commission or an adjudicator to attend as a witness at any proceeding under this Act is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if summoned to attend before the Federal Court.