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

Regulations are current to 2020-10-05 and last amended on 2020-03-06. Previous Versions

PART 2Grievances (continued)

Policy Grievances

Marginal note:Maximum number of levels

 A policy grievance process must consist of one level.

  • SOR/2020-43, s. 50(E)

Marginal note:Notice from employer

  •  (1) An employer must notify the bargaining agent of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.

  • Marginal note:Notice from bargaining agent

    (2) A bargaining agent must notify the employer of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.

  • SOR/2020-43, s. 43

Marginal note:Deadline for presentation of grievance

  •  (1) A bargaining agent or an employer may present a policy grievance no later than 35 days after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.

  • Marginal note:Grievance deemed presented

    (2) A policy grievance is deemed to have been presented within the time referred to in subsection (1) if, within that time, it is sent by courier or delivered to any person identified under subsection 84(1) or (2), as the case may be.

  • SOR/2020-43, s. 44(E)

Marginal note:Receipt and transmission

 On receipt of a policy grievance, the person identified under subsection 84(1) or (2), must

  • (a) deliver to the bargaining agent or the employer, as the case may be, a receipt stating the date on which the policy grievance was received by the person; and

  • (b) forward the policy grievance to the person whose decision constitutes the level of the policy grievance process.

  • SOR/2020-43, s. 50(E)

Marginal note:Deadline for decision

 The person whose decision constitutes the level of the policy grievance process must provide a decision to the bargaining agent or the employer, as the case may be, no later than 20 days after the day on which the policy grievance was received by any person identified under subsection 84(1) or (2), as the case may be.

  • SOR/2020-43, s. 50(E)

Marginal note:Withdrawal of grievance

  •  (1) A bargaining agent or an employer may, by written notice to any person identified under subsection 84(1) or (2), as the case may be, withdraw a policy grievance before the decision is made by the person whose decision constitutes the level of the policy grievance process.

  • Marginal note:Receipt and transmission

    (2) On receipt of a notice of withdrawal of a policy grievance, the person identified under subsection 84(1) or (2) must

    • (a) deliver to the bargaining agent or the employer, as the case may be, a receipt stating the date on which the notice was received by the person; and

    • (b) forward the notice to the person whose decision constitutes the level of the policy grievance process.

  • SOR/2020-43, s. 50(E)

Adjudication

Marginal note:Notice of reference to adjudication

  •  (1) A notice of reference to adjudication must be filed with the Board, together with a copy of the grievance and signed by the party filing the notice or its authorized representative, as the case may be, and must contain the following information:

    • (a) in the case of an individual grievance,

      • (i) if the grievance relates to the interpretation or application of a provision of a collective agreement or arbitral award,

        • (A) the names and contact information of the grievor and their authorized representative,

        • (B) the names of the employer and the bargaining agent,

        • (C) the place of work, position title, division and section or unit and classification of the grievor,

        • (D) the dates on which the individual grievance was presented at the first and final levels of the individual grievance process,

        • (E) the date on which the employer provided its decision at the final level of the individual grievance process, if any,

        • (F) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the individual grievance,

        • (G) the provisions of the collective agreement or arbitral award that are the subject of the individual grievance,

        • (H) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

        • (I) if the parties have selected an adjudicator, the adjudicator’s name and contact information,

        • (J) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication,

        • (K) the bargaining agent’s agreement to represent the grievor in the adjudication proceedings, and

        • (L) the date of the notice of reference to adjudication, or

      • (ii) if the grievance relates to a termination, demotion, suspension, financial penalty or deployment,

        • (A) the names and contact information of the grievor and their authorized representative, if any,

        • (B) the names of the deputy head and the bargaining agent,

        • (C) the place of work, position title, division and section or unit and classification of the grievor, as well as the grievor’s department,

        • (D) the dates on which the individual grievance was presented at the first and final levels of the individual grievance process,

        • (E) the date on which the employer provided its decision at the final level of the individual grievance process, if any,

        • (F) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the individual grievance,

        • (G) the provision of the Act under which the individual grievance is referred to adjudication,

        • (H) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

        • (I) if the parties have selected an adjudicator, the adjudicator’s name and contact information ,

        • (J) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and

        • (K) the date of the notice of reference to adjudication;

    • (b) in the case of a group grievance,

      • (i) the names and contact information of the bargaining agent and its authorized representative,

      • (ii) the name of the aggrieved employees’ employer,

      • (iii) the description of the bargaining unit to which the aggrieved employees belong,

      • (iv) the portion of the federal public administration in which the aggrieved employees work,

      • (v) the dates on which the group grievance was presented at the first and final levels of the group grievance process,

      • (vi) the date on which the employer provided its decision at the final level of the group grievance process, if any,

      • (vii) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the group grievance,

      • (viii) the provision of the collective agreement or arbitral award that is the subject of the group grievance,

      • (ix) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

      • (x) if the parties have selected an adjudicator, the adjudicator’s name and contact information,

      • (xi) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and

      • (xii) the date of the notice of reference to adjudication; and

    • (c) in the case of a policy grievance,

      • (i) the names and contact information of the party filing notice of reference to adjudication and its authorized representative,

      • (ii) the name of the other party to the policy grievance,

      • (iii) a description of the bargaining unit,

      • (iv) the date on which the policy grievance was presented to the other party,

      • (v) the date on which the other party provided a decision with respect to the policy grievance,

      • (vi) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the policy grievance,

      • (vii) the provision of the collective agreement or arbitral award that is the subject of the policy grievance,

      • (viii) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

      • (ix) if the parties have selected an adjudicator, the adjudicator’s name and contact information,

      • (x) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and

      • (xi) the date of the notice of reference to adjudication.

  • Marginal note:Copy of consent

    (2) If the notice of reference to adjudication concerns a group grievance, the bargaining agent must also provide a copy of the consent submitted in accordance with subsection 77(2).

  • Marginal note:Grievance relating to interpretation or application

    (3) If an individual grievance relates to the interpretation or application, in respect of the grievor, of a provision of a collective agreement or an arbitral award, the notice of the reference to adjudication must contain a declaration by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, indicating that the bargaining agent is willing to represent the grievor in the adjudication proceedings.

  • SOR/2005-417, s. 1
  • SOR/2020-43, s. 45
  • SOR/2020-43, s. 50(E)
 
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