Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-10-05 and last amended on 2017-06-19. Previous Versions

PART VIGrievance Process and Adjudication Procedure (continued)

Adjudication Procedure (continued)

 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
 
Date modified: