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

Act current to 2019-09-10 and last amended on 2019-07-29. Previous Versions

PART 2Grievances (continued)

Group Grievances (continued)

Withdrawal from Group Grievance

Marginal note:Notice to Accessibility Commissioner

  •  (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a 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:Standing of Accessibility Commissioner

    (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

  • 2019, c. 10, s. 188

Marginal note:Right of employee to withdraw

 An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the bargaining agent that the employee no longer wishes to be involved in the group grievance.

Marginal note:Effect of notice

 After receiving the notice, the bargaining agent may not pursue the grievance in respect of the employee.

Policy Grievances

Presentation

Marginal note:Right of employer and bargaining agent

  •  (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement, either of them may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.

  • Marginal note:Limitation

    (2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act.

  • Marginal note:Limitation

    (3) Despite subsection (2), neither the employer nor a bargaining agent may present a policy grievance in respect of the right to equal pay for work of equal value.

  • Marginal note:Limitation

    (4) A bargaining agent may not present a policy grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

  • Marginal note:Order to be conclusive proof

    (5) For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

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 to Accessibility Commissioner

  •  (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a 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:Standing of Accessibility Commissioner

    (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

  • 2019, c. 10, s. 189

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;

    • (a.1) interpret and apply the Accessible Canada Act;

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

    • (b.1) give relief in accordance with section 102 of the Accessible Canada 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
  • 2019, c. 10, s. 190

 [Repealed, 2013, c. 40, s. 376]

 
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