PART IStaff Relations (continued)
DIVISION IVGrievances (continued)
Adjudication of Grievances (continued)
Expenses of Adjudication
Marginal note:Where adjudicator named in collective agreement
69 (1) Where an adjudicator is named in a collective agreement, the method of determining the adjudicator’s remuneration and of defraying such expenses as the adjudicator may incur shall be as established in the collective agreement naming the adjudicator, but if the agreement does not specify the method, the named adjudicator’s remuneration and expenses shall be borne equally by the parties.
Marginal note:If no adjudicator named in agreement
(2) If a grievance is referred to adjudication but is not referred to an adjudicator named in a collective agreement, and the employee, whose grievance it is, is represented in the adjudication proceedings by the bargaining agent for the bargaining unit to which the employee belongs, the bargaining agent, subject to subsection (3), is liable to pay and shall remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval.
(3) Where a grievance is referred to a board of adjudication, the remuneration and expenses of the nominee of each party shall be borne by the parties respectively.
(4) Any amount that by subsection (2) or (3) is payable to the Board by a bargaining agent may be recovered as a debt due to the Crown by the bargaining agent which shall, for the purposes of this subsection, be deemed to be a person.
Marginal note:Adjudicator re certain grievances
(5) Where a grievance respecting a matter referred to in paragraph 63(1)(d), (e) or (f) is referred to adjudication, the adjudicator’s remuneration and expenses shall be borne equally by the parties.
- R.S., 1985, c. 33 (2nd Supp.), s. 69
- 2013, c. 40, s. 435
Enforcement of Obligations of Employer and Employee Organizations
Marginal note:Reference by employer or bargaining agent to Board
70 (1) Where an employer and a bargaining agent have executed a collective agreement or are bound by an arbitral award and the employer or the bargaining agent seeks to enforce an obligation that is alleged to arise out of the agreement or award, and the obligation, if any, is not one the enforcement of which may be the subject of a grievance of an employee in the bargaining unit to which the collective agreement or arbitral award applies, either the employer or the bargaining agent may, in the prescribed manner, refer the matter to the Board.
Marginal note:Board shall hear and determine
(2) Where a matter is referred to the Board pursuant to subsection (1), the Board shall hear and determine whether there is an obligation as alleged and whether, if there is, there has been a failure to observe or to carry out the obligation.
Marginal note:Hearing and determination of reference
(3) The Board shall hear and determine any matter referred to it pursuant to subsection (1) as though the matter were a grievance, and subsection 67(2) and sections 68 and 69 apply to the hearing and determination of that matter.
Regulations respecting Grievances
Marginal note:Regulations re procedures for presentation of grievances
(a) the manner and form of presenting a grievance;
(b) the maximum number of levels of officers of the employer to whom grievances may be presented;
(c) the time within which a grievance may be presented up to any level in the grievance process including the final level;
(d) the circumstances in which any level below the final level in the grievance process may be eliminated; and
(e) in any case of doubt, the circumstances in which any occurrence or matter may be said to constitute a grievance.
Marginal note:Application of regulations
(2) Any regulations made by the Board under subsection (1) in relation to the procedure for the presentation of grievances shall not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board, to the extent that such regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees.
Marginal note:Regulations re adjudication of grievances
(3) The Board may make regulations in relation to the adjudication of grievances, including regulations respecting
(a) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process;
(a.1) the manner of giving notice of an issue to the Accessibility Commissioner under section 63.1;
(b) the manner in which and the time within which boards of adjudication are to be established;
(c) the procedure to be followed by adjudicators; and
(d) the form of decisions rendered by adjudicators.
Marginal note:Employer to designate persons at final or any level
(4) For the purposes of any provision of this Part respecting grievances, an employer shall designate the person whose decision on a grievance constitutes the final or any level in the grievance process and the employer shall, in any case of doubt, by notice in writing advise any person wishing to present a grievance, or the Board, of the person whose decision thereon constitutes the final or any level in the process.
- R.S., 1985, c. 33 (2nd Supp.), s. 71
- 2019, c. 10, s. 160
Review of Decisions
Marginal note:No review by court
Marginal note:No review by injunction, etc.
(2) No order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator appointed under section 49 or an adjudicator in any of the proceedings of the arbitrator or adjudicator.
- R.S., 1985, c. 33 (2nd Supp.), s. 72
- 2013, c. 40, s. 436
Offences relating to Strikes
Marginal note:Participation by employee in strike
73 No employee shall participate in a strike.
Marginal note:Declaration or authorization of strike
74 No employee organization shall declare or authorize a strike of employees and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike of employees or the participation of employees in a strike, the effect of which is or would be to involve the participation of an employee in a strike in contravention of section 73.
Marginal note:Offences and punishment; employee
Marginal note:Idem; officer or representative
(2) Every officer or representative of an employee organization who contravenes section 74 is guilty of an offence and liable on summary conviction to a fine not exceeding three hundred dollars.
Marginal note:Idem; employee organization
(3) Every employee organization that contravenes section 74 is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred and fifty dollars for each day that any strike declared or authorized by it in contravention of that section is or continues in effect.
Marginal note:Prosecution of employee organization
76 A prosecution for an offence referred to in section 75 may be brought against an employee organization and in the name of that organization, and for the purposes of any such prosecution an employee organization shall be deemed to be a person and any act or thing done or omitted by an officer or representative of an employee organization within the scope of his authority to act on behalf of the employee organization shall be deemed to be an act or thing done or omitted by the employee organization.
Consent to Prosecution
77 No prosecution arising out of an alleged failure by any person to observe any prohibition contained in section 6, 7 or 8 and no prosecution for an offence referred to in section 75 shall be instituted except with the consent of the Board.
Marginal note:Evidence respecting information obtained
78 No adjudicator, conciliator or person appointed by the Board and no arbitrator appointed under section 49 shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of his or her duties under this Part.
- R.S., 1985, c. 33 (2nd Supp.), s. 78
- 2013, c. 40, s. 437
Marginal note:Payment of witness fees
79 A person who is summoned by the Board or an arbitrator appointed under section 49 to attend as a witness in any proceedings thereof taken pursuant to this Part and who so attends is entitled to be paid an allowance for expenses determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in the superior court of the province in which the proceedings are being taken.
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