Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2019-05-22 and last amended on 2018-11-26. Previous Versions

PART 2Grievances (continued)

Policy Grievances (continued)

Reference to Adjudication

Marginal note:Reference to adjudication

 A party that presents a policy grievance may refer it to adjudication.

Marginal note:Notice to Canadian Human Rights Commission

  •  (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.

  • Marginal note:Standing of Commission

    (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

Adjudication

Notice to Board

Marginal note:Notice

  •  (1) A party who refers a grievance to adjudication must, in accordance with the regulations, give notice of the reference to the Board.

  • Marginal note:Action to be taken by Chairperson

    (2) If the party specifies in the notice that an adjudicator is named in an applicable collective agreement, that an adjudicator has otherwise been selected by the parties or, if no adjudicator is so named or has been selected, that the party requests the establishment of a board of adjudication, then the Chairperson must, on receipt of the notice by the Board,

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

    • (b) if the parties have selected an adjudicator, refer the matter to the adjudicator; and

    • (c) if a board of adjudication has been requested and the other party has not objected in the time provided for in the regulations, establish the board and refer the matter to it.

  • Marginal note:Board seized of grievance

    (2.1) If the notice does not specify any of the things described in subsection (2), or if a board of adjudication has been requested and the other party has objected in the time provided for in the regulations, the Board is seized of the grievance.

  • Marginal note:Conference

    (3) The Chairperson may, at any time after receipt of the notice, direct the parties to attend a conference in order to attempt to settle or simplify the issues in dispute.

  • 2003, c. 22, s. 2 “223”
  • 2013, c. 40, s. 374

Board of Adjudication

Marginal note:Constitution

  •  (1) A board of adjudication consists of one member of the Board designated by the Chairperson, who is the chairperson of the board of adjudication, and two other persons, each of whom is nominated by one of the parties.

  • Marginal note:Ineligibility

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

Jurisdiction

Marginal note:Compliance with procedures

 No grievance may be referred to adjudication until the grievance has been presented at all required levels in accordance with the applicable grievance process.

  • 2003, c. 22, s. 2 “225”
  • 2013, c. 40, s. 375

Powers

Marginal note:Powers of adjudicator

  •  (1) An adjudicator may, in relation to any matter referred to adjudication, exercise any of the powers set out in paragraph 16(d) of this Act and sections 20 to 23 of the Federal Public Sector Labour Relations and Employment Board Act.

  • Marginal note:Powers of adjudicator and Board

    (2) An adjudicator or the Board may, in relation to any matter referred to adjudication,

    • (a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;

    • (b) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act; and

    • (c) award interest in the case of grievances involving termination, demotion, suspension or financial penalty at a rate and for a period that the adjudicator or the Board, as the case may be, considers appropriate.

  • 2003, c. 22, s. 2 “226”
  • 2013, c. 40, s. 376
  • 2017, c. 9, s. 56

 [Repealed, 2013, c. 40, s. 376]

Decision

Marginal note:Hearing of grievance

  •  (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 of board of adjudication

    (3) In the case of a board of adjudication, a decision of a majority of the members on a grievance is deemed to be a decision of the board in respect of the grievance, and the decision must be signed by the chairperson of the board.

  • Marginal note:Decision where majority cannot agree

    (4) If a majority of members of the board of adjudication cannot agree on the making of a decision, the decision of the chairperson of the board is deemed to be the decision of the board.

  • 2003, c. 22, s. 2 “228”
  • 2013, c. 40, s. 378

Marginal note:Decision requiring amendment

 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.

  • 2003, c. 22, s. 2 “229”
  • 2013, c. 40, s. 379

Marginal note:Determination of reasonableness of opinion

 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.

  • 2003, c. 22, s. 2 “230”
  • 2013, c. 40, s. 379

Marginal note:Determination of consent requirement

 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

  • (a) consent to being deployed was a condition of the employee’s employment; or

  • (b) the employee harassed another person in the course of the employee’s employment.

  • 2003, c. 22, s. 2 “231”
  • 2013, c. 40, s. 380

Marginal note:Decision in respect of certain policy grievances

 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:

  • (a) declaring the correct interpretation, application or administration of a collective agreement or an arbitral award;

  • (b) declaring that the collective agreement or arbitral award has been contravened; and

  • (c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner.

  • 2003, c. 22, s. 2 “232”
  • 2013, c. 40, s. 381

Marginal note:No review by court

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

  • 2003, c. 22, s. 2 “233”
  • 2013, c. 40, s. 382
  • 2017, c. 9, s. 56
 
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