Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Regulations are current to 2019-06-20 and last amended on 2017-06-19. Previous Versions

PART 1Labour Relations (continued)

DIVISION 3Arbitration (continued)

Marginal note:Applicant’s proposals

 The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 136(5) of the Act, file in quadruplicate in Form 10 of the schedule its proposals concerning the arbitral award to be made in respect of any other term or condition of employment for which arbitration was requested by the other party.

Marginal note:Representations

 If a party objects to the referral of a matter in dispute under subsection 144(1) of the Act to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the Chairperson shall give the parties the opportunity to make representations on the matter before referring to the arbitration board.

Marginal note:Application for review

 An application for review of an arbitral award under subsection 158.1(2) of the Act must contain representations on the grounds on which the applicant believes that the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 of the Act based on a full consideration of the written submissions provided to the arbitration board.

  • SOR/2014-251, s. 19

DIVISION 4Conciliation

Marginal note:Request for conciliation

 A request for conciliation under subsection 161(1) of the Act that is made to the Chairperson must be filed in five copies with the Board in Form 11 of the schedule.

  • SOR/2014-251, s. 20

Marginal note:Other party’s proposals

  •  (1) A party that receives a copy of a request for conciliation under subsection 161(1) of the Act may, no later than seven days after receipt of the copy, file in quadruplicate in Form 12 of the schedule its proposals concerning the report to be made in respect of any term or condition of employment for which the conciliation was requested by the applicant.

  • Marginal note:Request for conciliation of additional matters

    (2) A notice referred to in subsection 161(4) of the Act that is made to the Chairperson and that includes a request for conciliation of any other term or condition of employment and a proposal concerning the report to be made in respect of those other terms or conditions of employment shall be filed in quadruplicate in Form 12 of the schedule.

Marginal note:Applicant’s proposals

 The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 161(4) of the Act, file in quadruplicate in Form 13 of the schedule its proposals concerning the report to be made in respect of any other term or condition of employment for which conciliation was requested by the other party.

DIVISION 5Strike Vote

Marginal note:Statement respecting strike vote

 The bargaining agent must, no later than the day following that on which the results of a strike vote are announced, file with the Board a statement respecting the strike vote in Form 14 of the schedule.

  • SOR/2014-251, s. 21

Marginal note:Application to have a strike vote declared invalid

 An application for a declaration that a strike vote is invalid under subsection 184(2) of the Act shall be filed in triplicate in Form 15 of the schedule.

Marginal note:Bargaining agent’s reply

 A bargaining agent shall, no later than five days after receipt of a copy of the application for a declaration that a strike vote is invalid, file a reply to it.

DIVISION 6Complaints Procedure

Marginal note:Complaint

 A complaint under section 190 of the Act shall be filed in Form 16 of the schedule.

DIVISION 6.1Complaint Under Section 133 of the Canada Labour Code

Marginal note:Canada Labour Code

 A complaint under section 133 of the Canada Labour Code that is referred to the Commission must be filed in Form 26 of the schedule.

  • SOR/2014-251, s. 22

DIVISION 7Declaration That Conduct Is Unlawful

Marginal note:Application for a declaration that conduct is unlawful

 An application for a declaration that conduct is unlawful under subsection 198(1) of the Act shall be filed in Form 17 of the schedule.

Marginal note:Reply

 The party that receives a copy of the application shall, no later than seven days after receipt, file a reply.

DIVISION 8Consent To Prosecution

Marginal note:Application to obtain the consent of the Board

 An application to obtain the consent of the Board referred to in section 205 of the Act shall be filed in Form 18 of the schedule.

PART 2Grievances

General Provisions

Marginal note:Extension of time

 Despite anything in this Part, the time prescribed by this Part or provided for in a grievance procedure contained in a collective agreement for the doing of any act, the presentation of a grievance at any level of the grievance process, the referral of a grievance to adjudication or the providing or filing of any notice, reply or document may be extended, either before or after the expiry of that time,

  • (a) by agreement between the parties; or

  • (b) in the interest of fairness, on the application of a party, by the Board or an adjudicator, as the case may be.

  • SOR/2014-251, s. 23

Marginal note:Suspension of time

 If the parties avail themselves of an informal conflict management system established under section 207 of the Act, the time prescribed in this Part or provided for in a grievance procedure contained in a collective agreement for the presentation of a grievance at a level of the grievance process is suspended until either party gives to the other notice in writing to the contrary.

Marginal note:Rejection for failure to meet a deadline

 A grievance may be rejected for the reason that the time limit prescribed in this Part for the presentation of the grievance at a lower level has not been met, only if the grievance was rejected at the lower level for that reason.

Individual Grievances

Marginal note:Maximum number of levels

 An individual grievance process shall consist of a maximum of three levels.

Marginal note:Notice of level

  •  (1) An employer shall notify, in accordance with subsection (2), each of its employees of the names or titles of the persons whose decision on a grievance constitutes a level in the individual grievance process and the name or title, as well as the address, of the employee’s immediate supervisor or local officer-in-charge to whom an individual grievance may be presented.

  • Marginal note:Posting of notice

    (2) Subject to subsection (3), an employer shall post copies of the notice in conspicuous places where they are most likely to come to the attention of its employees.

  • Marginal note:Alternative methods

    (3) If the information required by subsection (1) is more likely to come to the attention of the employees by a means other than posting notices, the Board shall authorize an employer to communicate the information to its employees by a means other than posting notices.

Marginal note:Individual grievance form

  •  (1) An employer shall prepare a form for an individual grievance that sets out the information to be provided by the grievor, including

    • (a) the name, address, telephone number, place of work, position title, division and section or unit and classification of the grievor as well as the name of the grievor’s employer;

    • (b) either

      • (i) a statement of the nature of each act, omission or other matter that establishes the alleged violation or misinterpretation giving rise to the grievance including, as the case may be, a reference to any relevant provision of a statute or regulation or of a direction or other instrument made or issued by the employer, that deals with the terms and conditions of employment or any relevant provision of a collective agreement or an arbitral award, or

      • (ii) a statement of the alleged occurrence or matter affecting the grievor’s terms and conditions of employment;

    • (c) the date on which the alleged violation or misinterpretation or the alleged occurrence or matter affecting the grievor’s terms and conditions of employment occurred; and

    • (d) the corrective action requested.

  • Marginal note:Approval

    (2) The form shall be submitted to the Board for approval, and the Board shall approve it if the form requests the information that is required under paragraphs (1)(a) to (d) and if any other information requested on the form is relevant to resolving the individual grievance.

  • Marginal note:Copies

    (3) The employer shall make copies of the approved form available to all of its employees.

Marginal note:Presentation of grievance

 An employee who wishes to present an individual grievance shall do so on the form provided by the employer and approved by the Board and shall submit it to the employee’s immediate supervisor or the employee’s local officer-in-charge identified under subsection 65(1).

Marginal note:Deadline for presentation of grievance at first level

  •  (1) A grievor may present an individual grievance at the first level of the individual grievance process no later than 35 days after the earlier of the day on which the grievor received notification and the day on which the grievor had knowledge of the alleged violation or misinterpretation or any occurrence or matter affecting the grievor’s terms and conditions of employment.

  • Marginal note:Deadline for presentation at higher level

    (2) A grievor may present an individual grievance at each succeeding level beyond the first level

    • (a) no later than 15 days after the day on which the decision of the previous level was received; or

    • (b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required.

  • Marginal note:Grievance deemed presented

    (3) An individual grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is delivered or sent by courier to the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1).

 
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