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

Act current to 2019-12-03 and last amended on 2019-07-29. Previous Versions

PART 2Grievances (continued)

Adjudication (continued)

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

Marginal note:Filing of order in Federal Court

  •  (1) The Board must, on the request in writing of any person who was a party to the proceedings that resulted in an order of an adjudicator or the Board, as the case may be, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the opinion of the Board,

    • (a) there is no indication, or likelihood, of failure to comply with the order; or

    • (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.

  • Marginal note:Non-application

    (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).

  • Marginal note:Effect of filing

    (3) An order of an adjudicator or the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.

  • 2003, c. 22, s. 2 “234”
  • 2013, c. 40, s. 382
  • 2017, c. 9, s. 56

Expenses of Adjudication

Marginal note:Aggrieved employee not represented by agent

  •  (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board.

  • Marginal note:Aggrieved employee represented by agent

    (2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval.

  • Marginal note:Recovery

    (3) Any amount that by subsection (2) is payable to the Board by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.

  • 2003, c. 22, s. 2 “235”
  • 2013, c. 40, s. 383

No Right of Action

Marginal note:Disputes relating to employment

  •  (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.

  • Marginal note:Application

    (2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.

  • Marginal note:Exception

    (3) Subsection (1) does not apply in respect of an employee of a separate agency that has not been designated under subsection 209(3) if the dispute relates to his or her termination of employment for any reason that does not relate to a breach of discipline or misconduct.

Regulations

Marginal note:Regulations

  •  (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning

    • (a) the manner and form of presenting a grievance and, in the case of group grievances, the form of the consent of the employees concerned;

    • (b) the maximum number of levels in each grievance process;

    • (c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level;

    • (d) the time within which a grievance may be presented at any level in a grievance process;

    • (e) the circumstances in which any level below the final level in a grievance process may be eliminated;

    • (f) 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;

    • (f.1) the manner of giving notice of an issue to the Accessibility Commissioner under this Part;

    • (g) the establishment of rules of procedure for the hearing of a grievance;

    • (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part or Division 2 of Part 2.1, and when the notices are deemed to have been sent, given or received; and

    • (i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part.

  • Marginal note:Application of regulations

    (2) Regulations made under subsection (1) respecting individual, group or policy grievances do 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 the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees.

  • 2003, c. 22, s. 2 “237”
  • 2017, c. 9, s. 32
  • 2019, c. 10, s. 191
 
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