Parliamentary Employment and Staff Relations Act

Marginal note:Notice to specify whether adjudicator named, etc.

• 66 (1) Where a grievance has been referred to adjudication, the aggrieved employee shall, in the manner prescribed, give notice to the Board and shall specify in the notice whether an adjudicator is named in any applicable collective agreement or, if no such adjudicator is named, whether the employee requests the establishment of a board of adjudication.

• Marginal note:Action to be taken by Board

  (2) Where a grievance has been referred to adjudication and the aggrieved employee has notified the Board as required by subsection (1), the Board shall, in the manner and within the time prescribed,

  • (a) where the grievance is one arising out of a collective agreement and an adjudicator is named therein, refer the matter to the adjudicator so named;

  • (b) where the establishment of a board of adjudication has been requested by the aggrieved employee and no objection thereto has been made by the employer affected within such time as may be prescribed, establish the board and refer the matter to it; and

  • (c) in any other case, refer the matter to an adjudicator selected by it.

• Marginal note:Adjudication of certain matters

  (3) Notwithstanding section 64 and subsections (1) and (2) of this section, where a grievance respecting a matter referred to in paragraph 63(1)(d), (e) or (f) is referred to adjudication, the adjudication shall be by a single adjudicator selected by

  • (a) the employee and employer concerned; or

  • (b) the Chairperson, where the employer and employee are unable to agree on the selection of an adjudicator and either party makes a written request to the Chairperson to select an adjudicator.

• Marginal note:Adjudicator re certain matters

  (4) A person selected to adjudicate a grievance respecting a matter referred to in paragraph 63(1)(d), (e) or (f)

  • (a) shall not be a member of the Board but has, for the purposes of the adjudication, all the powers, rights and privileges of the Board other than the power to make regulations under section 12 of this Act or section 36 of the Federal Public Sector Labour Relations and Employment Board Act; and

  • (b) shall not have any direct interest in or in connection with the grievance, its handling or its disposition.

• Marginal note:Adjudication by members

  (5) Despite section 65 and subsections (1) and (2), only members of the Board may adjudicate grievances respecting a matter referred to in paragraph 63(1)(g).