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Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.))

Act current to 2021-09-11 and last amended on 2021-08-31. Previous Versions

PART IStaff Relations (continued)

DIVISION IVGrievances (continued)

Adjudication of Grievances (continued)

Marginal note:Notice to Accessibility Commissioner

  •  (1) When a grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of any provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

  • Marginal note:Submissions of Accessibility Commissioner

    (2) If the Accessibility Commissioner is notified of an issue under subsection (1), he or she may make submissions during the adjudication with respect to that issue.

Appointment of Adjudicators

Marginal note:Members to adjudicate

 The Board shall assign such members as may be required to hear and adjudicate on grievances referred to adjudication under this Part.

Establishment of a Board of Adjudication

Marginal note:Composition of board of adjudication

  •  (1) Where a grievance is referred to a board of adjudication, the board shall be composed of three persons, namely,

    • (a) a member of the Board, who shall be the chairperson; and

    • (b) two other persons, one nominated by each party.

  • Marginal note:Ineligible to be a member

    (2) A person is not eligible to be a member of the board of adjudication established under subsection (1) if the person has any direct interest in or connection with the grievance, its handling or its disposition.

  • R.S., 1985, c. 33 (2nd Supp.), s. 65
  • 2003, c. 22, s. 187(E)
Duty of the Board

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

  •  (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).

  • R.S., 1985, c. 33 (2nd Supp.), s. 66
  • 2003, c. 22, s. 187(E)
  • 2013, c. 40, s. 432
  • 2017, c. 9, s. 56
  • 2019, c. 10, s. 157

Marginal note:Powers of adjudicator

 An adjudicator has, for the purposes of the adjudication of a grievance respecting a matter referred to in any of paragraphs 63(1)(a) to (c) and (g) that is referred to adjudication, the powers that the Board has under paragraph 15(d) of this Act and paragraphs 20(a) and (d) to (f) of the Federal Public Sector Labour Relations and Employment Board Act, in relation to the hearing or determination of a proceeding before it.

Jurisdiction of Adjudicator

Marginal note:Compliance with procedures

  •  (1) Subject to any regulation made by the Board under paragraph 71(1)(d), no grievance shall be referred to adjudication and no adjudicator shall hear or render a decision on a grievance until all procedures established for the presenting of the grievance up to and including the final level in the grievance process have been complied with.

  • Marginal note:Decision requiring amendment

    (2) No adjudicator shall, in respect of any grievance, render any decision thereon the effect of which would be to require the amendment of a collective agreement or an arbitral award.

  • Marginal note:Binding effect

    (3) Where a grievance has been presented up to and including the final level in the grievance process and is not one that under section 63 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Part and no further action under this Part may be taken thereon.

Marginal note:Accessible Canada Act

 An adjudicator may, in relation to the adjudication of a grievance respecting a matter referred to in paragraph 63(1)(g),

Decision of Adjudicator

Marginal note:Hearing of grievance

  •  (1) Where a grievance is referred to adjudication, the adjudicator shall give both parties to the grievance an opportunity of being heard.

  • Marginal note:Decision on grievance

    (2) After considering the grievance, the adjudicator shall render a decision thereon and

    • (a) send a copy thereof 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; and

    • (b) deposit a copy of the decision with the Board.

  • Marginal note:Decision of board of adjudication

    (3) In the case of a board of adjudication, a decision of the majority of the members on a grievance is a decision of the board thereon, and the decision shall be signed by the chairperson of the board.

  • Marginal note:Implementation of decision by employer

    (4) Where a decision on any grievance referred to adjudication requires any action by or on the part of the employer affected thereby, the employer shall take that action.

  • Marginal note:Action to be taken by employee or bargaining agent

    (5) Where a decision on any grievance requires any action by or on the part of an employee or a bargaining agent or both of them, the employee or bargaining agent, or both, as the case may be, shall take that action.

  • Marginal note:Powers of Board with respect to decision on grievance

    (6) The Board may, in accordance with section 13, take such action as is contemplated by that section to give effect to the decision of an adjudicator on a grievance but shall not inquire into the basis or substance of the decision.

  • R.S., 1985, c. 33 (2nd Supp.), s. 68
  • 2003, c. 22, s. 187(E)
  • 2013, c. 40, s. 434
 
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