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Parliamentary Employment and Staff Relations Regulations (SOR/86-1140)

Regulations are current to 2022-01-12 and last amended on 2017-06-19. Previous Versions

PART VIGrievance Process and Adjudication Procedure (continued)

Presentation of Grievance (continued)

  •  (1) An employee shall present a grievance, at any level, to the employee’s immediate supervisor or local officer-in-charge and that supervisor or officer-in-charge shall immediately

    • (a) forward a copy of the grievance to the authorized representative of the employer at the appropriate level; and

    • (b) deliver or cause to be delivered to the employee a receipt stating the date on which the grievance was received by the supervisor or officer-in-charge.

  • (2) Where, under these Regulations, an employee is required to present a grievance within prescribed time limits, the employee is deemed to have done so when the employee has delivered it, or caused it to be delivered, to the employee’s immediate supervisor or local officer-in-charge within the prescribed time or has sent the grievance within the prescribed time to the employee’s immediate supervisor or local officer-in-charge by registered mail at the address referred to in subsection 60(2).

  • (3) The period within which an employer shall reply to a grievance at any level shall be calculated from the date on which the grievance is received by the employee’s immediate supervisor or the local officer-in-charge.

 An employee may present a grievance, other than a grievance presented under paragraph 62(1)(b), at a level higher than the first level in the grievance process, not later than

  • (a) the 10th day after the day on which the employee received a reply to the grievance at the preceding lower level; or

  • (b) where the employee does not receive a reply to the grievance, the 30th day after the last day on which the employer was required to reply to the grievance at the preceding lower level under section 65.

  •  (1) Subject to subsection (2), where a grievance has been presented by an employee at any level in the grievance process in accordance with section 62 or 64, the authorized representative of the employer at that level shall serve on the employee a reply to the grievance in writing not later than the 15th day after the day on which the grievance was presented at that level.

  • (2) Where a grievance that relates to classification has been presented in the manner referred to in subsection (1), the authorized representative of the employer at the final level shall serve on the employee a reply to the grievance in writing not later than the 30th day after the day on which the grievance was presented at that level.

  • (3) Where a grievance relates to the interpretation or application in respect of an employee of a provision of a collective agreement or arbitral award, a copy of the reply of the authorized representative of the employer shall be served on the authorized representative of the bargaining agent concerned at the address referred to in paragraph 62(4)(b) within the time prescribed in subsection (1).

  • (4) Where a grievance relates to an action or circumstance other than the interpretation or application in respect of an employee of a provision of a collective agreement or arbitral award and the employee who presents the grievance states therein that the employee wishes to be assisted by or represented in the presentation of the grievance by an employee organization, a copy of the reply of the authorized representative of the employer shall be served on the authorized representative of the employee organization named by the employee at the address given in the statement.

  •  (1) An employee may, by written notice to the employee’s immediate supervisor or local officer-in-charge, abandon a grievance at any level of the grievance process.

  • (2) Where an employee fails to present a grievance to the next higher level in the grievance process within the time fixed by section 64, the employee is deemed to have abandoned the grievance.

Adjudication Procedure

  •  (1) Where a grievance may be referred to adjudication under section 63 of the Act, an employee may do so by filing with the Board in duplicate a notice in Form 14 together with a copy of the grievance that the employee submitted to the employee’s immediate supervisor or local officer-in-charge pursuant to subparagraph 62(1)(a) or (b) not later than the 30th day after the earlier of

    • (a) the day on which the employee received a reply at the final level of the grievance process; or

    • (b) the last day on which the authorized representative of the employer was required to reply to the grievance at the final level of the grievance process under section 65.

  • (2) Where a notice is filed under subsection (1), the Board shall serve on the employer a copy of the notice.

  • (3) Where a grievance relates to the interpretation or application in respect of an employee of a provision of a collective agreement or arbitral award, the notice under subsection (1) shall contain a statement by an authorized representative of the bargaining agent for the employee that the bargaining agent

    • (a) approves of the reference of the grievance to adjudication; and

    • (b) is willing to represent the employee in the adjudication proceedings.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 Where an employee receives a final level reply to a grievance with respect to classification or where the time for providing such a reply expires before a day that is one year after Part I of the Act comes into force, the time period provided by subsection 67(1) shall, subject to subsection 63(3) of the Act, commence on the day that is one year after the day on which Part I of the Act comes into force.

  •  (1) Where a grievance with respect to a matter described in paragraph 63(1)(d), (e) or (f) of the Act is referred to adjudication, the grievor shall advise the Board within 30 days after the date the reference is made, or within such longer period as the parties may agree, of the name of the adjudicator selected by the parties pursuant to paragraph 66(3)(a) of the Act to adjudicate the grievance.

  • (2) Where the parties are unable to select an adjudicator within the period of time provided by subsection (1), either party may submit a written request to the Chairperson of the Board to select an adjudicator.

  • SOR/2005-80, ss. 6(E), 7
  • SOR/2014-252, s. 35

 Where a copy of a notice is served on the employer pursuant to subsection 67(2), the employer shall, not later than the 10th day after that service, file with the Board a copy of the reply that was made to the grievance pursuant to subsection 65(1) or (2) or at each level of the grievance process provided for under the collective agreement, as the case may be, and a copy of the grievance replied to at the final level.

  • SOR/91-462, s. 10(F)
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35
  •  (1) If an employee requests the establishment of a board of adjudication under subsection 66(1) of the Act, the Board shall serve notice of the request on the employer.

  • (2) An employer shall file with the Board not later than the 10th day after the service on the employer of a notice pursuant to subsection (1)

    • (a) the name of the person the employer nominates to be a member of the board of adjudication; or

    • (b) an objection to the appointment of a board of adjudication.

  • (3) Where, within the time fixed by subsection (2), an employer does not file an objection to the appointment of a board of adjudication and the employer fails to nominate a person to be a member of the board of adjudication, the Board shall nominate a person to be a member of the board and the person so nominated shall be deemed to be the member nominated by the employer.

  • SOR/2005-80, s. 7
  • SOR/2014-252, ss. 23, 35
  •  (1) Where a grievance is one arising out of a collective agreement and an adjudicator is named in the collective agreement, or where an adjudicator is selected pursuant to subsection 66(3) of the Act, the Board shall send to the adjudicator a copy of the notice filed under subsection 67(1) and the copies of any replies filed by the employer pursuant to section 70.

  • (2) Where an aggrieved employee has requested the establishment of a board of adjudication and no objection thereto has been filed by the employer within the time fixed by subsection 71(2), the Board shall send a copy of the notice filed under subsection 67(1) and copies of any replies filed under section 70

    • (a) to the nominees of the parties; and

    • (b) to the member of the Board assigned to act as chairperson of the board of adjudication pursuant to paragraph 65(a) of the Act.

  • (3) Where subsections (1) and (2) do not apply, the Board shall send a copy of the notice filed under subsection 67(1) and copies of any replies filed under section 70 to the member of the Board assigned under paragraph 66(2)(c) of the Act to hear and adjudicate the grievance.

  • SOR/2005-80, ss. 7, 9(E)
  • SOR/2014-252, s. 35

 If the Board, the adjudicator concerned or a board of adjudication determines that a hearing shall be held, the Board shall serve the aggrieved employee and the employer with a notice of hearing.

  • SOR/91-462, s. 11
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 24
  •  (1) The Board, adjudicator concerned or chairperson of a board of adjudication may, by notice, require a party to file with the Board a statement of the party’s position in respect of a grievance in such form and within such time as may be fixed in the notice.

  • (2) The Board shall, on receipt of a statement filed pursuant to subsection (1), serve a copy of the statement on each of the other parties.

  • SOR/2005-80, ss. 7, 9(E)
  • SOR/2014-252, s. 35
  •  (1) Where a grievance relates to the interpretation or application in respect of an aggrieved employee of a provision of a collective agreement or arbitral award, the Board shall serve on the authorized representative of the bargaining agent

    • (a) copies of any replies filed under section 70 and a copy of any statement of position filed under subsection 74(1); and

    • (b) if a hearing is to be held, a notice of hearing.

  • (2) Where subsection (1) does not apply and an employee has stated in a notice given under subsection 67(1) that the employee wishes to be assisted by or represented in the presentation of the grievance by an employee organization, the Board shall serve on the employee organization

    • (a) copies of any replies filed under section 70 and a copy of any statement of position filed under subsection 74(1); and

    • (b) where a hearing is to be held, a notice of hearing.

  • SOR/2005-80, s. 7
  • SOR/2014-252, ss. 25, 35
  •  (1) The decision of an adjudicator or a board of adjudication shall contain

    • (a) a summary statement of the grievance;

    • (b) a summary of the representations of the parties;

    • (c) the decision on the grievance; and

    • (d) the reasons for the decision.

  • (2) A decision made by an adjudicator shall be signed by the adjudicator.

  •  (1) Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may decide to dismiss a grievance on the ground that it is not a grievance that may be referred to adjudication pursuant to paragraph 63(1)(a), (b) or (c) of the Act.

  • (2) Before dismissing a grievance pursuant to subsection (1), in order to determine whether or not a grievance may be referred to adjudication, the Board shall

    • (a) invite the parties to submit written arguments within the time and in the manner specified by the Board; or

    • (b) hold a hearing.

  • (3) Where the Board dismisses a grievance pursuant to subsection (1), the Board shall state in a written decision its reasons therefor and serve a copy thereof on the parties to the grievance.

  • (4) An aggrieved employee may, within 25 days after the day on which they are served with a decision under subsection (1), file with the Board a request that it review its decision.

  • (5) A request for review filed pursuant to subsection (4) shall contain a concise statement of the facts and grounds on which the aggrieved employee relies.

  • (6) If a request for review is filed with the Board, the Board shall

    • (a) rescind its decision and direct that the grievance be proceeded with in the manner set forth in sections 67 to 76;

    • (b) serve the aggrieved employee and any other person who, in the Board’s opinion, may be affected by the grievance with a notice of hearing to show cause why the grievance should be heard; or

    • (c) confirm in writing its decision dismissing the grievance.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 26

Reference under Section 70 of the Act

  •  (1) An employer or a bargaining agent may refer a matter to the Board under section 70 of the Act by filing with the Board two copies of a notice in Form 17.

  • (2) The Board shall, on receipt of a notice filed pursuant to subsection (1), serve a copy of the notice on the other party.

  • (3) Within 10 days after the receipt by the other party of a copy of a notice served pursuant to subsection (2), that other party shall file with the Board a statement of its position.

  • (4) Where a statement is filed pursuant to subsection (3), the Board shall serve a copy of the statement on the party that filed the notice pursuant to subsection (1).

  • (5) After the time fixed under subsection (3) for the filing of a statement of position has expired, the Board may serve a notice of hearing of the reference on the parties.

  • SOR/2005-80, s. 7
  • SOR/2014-252, ss. 27, 35

General

 Notwithstanding anything in this Part, the times prescribed by this Part or provided for in a grievance procedure contained in a collective agreement or in an arbitral award for the doing of any act, the presentation of a grievance at any level or the service or filing of any notice, reply or document may be extended either before or after the expiration of those times

  • (a) by agreement of the parties; or

  • (b) by the Board, on the application of an employer, an employee or a bargaining agent, on such terms or conditions as the Board considers advisable.

PART VIIConsent to Prosecute

  •  (1) An application for consent from the Board to institute prosecution shall be filed with the Board in Form 18, and shall be accompanied by a statutory declaration or a statement made under oath or affirmation by a person who has personal knowledge of the facts on which the applicant relies to support the application.

  • (2) On receipt of the application, the Board shall serve each respondent with a copy of the application and a copy of any statutory declaration or statement made under oath or affirmation filed under subsection (1) that is applicable to that respondent.

  • SOR/91-462, s. 12(E)
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 28

 Each respondent shall, within 10 days after being served pursuant to subsection 80(2), file with the Board the respondent’s reply thereto.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 On receipt of a reply pursuant to section 81, the Board shall serve a copy thereof on the applicant.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35
  •  (1) Where the time prescribed by section 81 has expired, the Board may, subject to subsection (2), make its determination in respect of the application on the basis of the material then before the Board.

  • (2) The Board may, if it deems it advisable, direct that a hearing be held with respect to any or all of the issues that may arise in connection with an application under section 80.

 
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