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Federal Public Sector Labour Relations Act

Version of section 209 from 2005-04-01 to 2017-06-18:

Marginal note:Reference to adjudication

  •  (1) An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to

    • (a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;

    • (b) a disciplinary action resulting in termination, demotion, suspension or financial penalty;

    • (c) in the case of an employee in the core public administration,

      • (i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct, or

      • (ii) deployment under the Public Service Employment Act without the employee’s consent where consent is required; or

    • (d) in the case of an employee of a separate agency designated under subsection (3), demotion or termination for any reason that does not relate to a breach of discipline or misconduct.

  • Marginal note:Application of paragraph (1)(a)

    (2) Before referring an individual grievance related to matters referred to in paragraph (1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings.

  • Marginal note:Designation

    (3) The Governor in Council may, by order, designate any separate agency for the purposes of paragraph (1)(d).

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