P.S.S.R.B. Regulations and Rules of Procedure, 1993 (SOR/93-348)

Regulations are current to 2019-08-15

PART VIIIGrievance Process and Adjudication Procedure (continued)

Presentation of Grievance

  •  (1) An employee described in paragraph 92(1)(b) of the Act may present a grievance to the employee’s immediate supervisor or the local officer-in-charge in the form referred to in section 70,

    • (a) where the grievance does not relate to classification, a demotion or the termination of employment pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, at the first level of the grievance process; and

    • (b) where the grievance relates to classification, a demotion or the termination of employment pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, at the final level of the grievance process.

  • (2) An employee described in paragraph 92(1)(c) of the Act may present a grievance to the employee’s immediate supervisor or the local officer-in-charge, in the form referred to in section 70,

    • (a) where the grievance does not relate to classification or disciplinary action resulting in termination of employment, at the first level of the grievance process; and

    • (b) where the grievance relates to classification or disciplinary action resulting in termination of employment, at the final level of the grievance process.

  • (3) An employee shall present a grievance no later than on the twenty-fifth day after the day on which the employee first had knowledge of any act, omission or other matter giving rise to the grievance or the employee was notified of the act, omission or other matter, whichever is the earlier.

  • (4) An employee may present a grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award, only if the grievance contains a statement that

    • (a) is signed by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, indicating that the employee, in presenting the grievance, has the approval of and is represented by the bargaining agent; and

    • (b) sets out the address of the authorized representative referred to in paragraph (a) at which documents may be provided.

  • (5) A grievance of an employee is not invalid by reason only that it is not presented in the form approved by the Board under section 70.

  •  (1) Immediately after receiving a grievance presented by an employee, the supervisor or local officer-in-charge shall

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

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

  • (2) A grievance is deemed to have been presented within the time determined in accordance with subsection 71(3) where, within that time, it is delivered or sent by registered mail to the employee’s immediate supervisor or the local officer-in-charge at the address referred to in subsection 69(1).

  • (3) The period during which an employer shall reply to a grievance at any level is calculated as beginning on the day 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 under paragraph 71(1)(b) or 71(2)(b), at a level higher than the first level in the grievance process,

  • (a) no later than on the tenth day after the day on which the employee receives a reply to the grievance at the preceding lower level; or

  • (b) where the employee does not receive a reply to the grievance no later than on the thirtieth day after the last day on which the authorized representative of the employer was required, pursuant to section 74, to reply to the grievance at the preceding lower level.

  •  (1) Where an employee presents a grievance at any level in the grievance process in accordance with section 71 or 73, other than a grievance that relates to classification, the authorized representative of the employer at that level shall provide the employee with a reply, in writing, to the grievance, no later than on the fifteenth day after the day on which the grievance was presented at that level.

  • (2) Where an employee presents a grievance that relates to classification in accordance with section 71, the authorized representative of the employer at the final level shall provide the employee with a reply, in writing, to the grievance, no later than on the sixtieth day after the day on which the grievance was presented at that level.

  • (3) Where an employee presents a grievance that relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award, the authorized representative of the employer shall, within the time referred to in subsection (1), provide a copy of the reply of that representative to the authorized representative of the appropriate bargaining agent at the address referred to in paragraph 71(4)(b).

  • (4) Where an employee who is not included in a bargaining unit for which an employee organization has been certified as a bargaining agent presents a grievance, the employee may state in the grievance that the employee seeks the assistance of and chooses to be represented by an employee organization, by indicating the name of the employee organization and the name and address of the authorized representative of that employee organization.

  • (5) Where an employee presents a grievance referred to in subsection (4), the authorized representative of the employer shall, within the time referred to in subsection (1), provide a copy of the reply of that representative to the authorized representative of the employee organization named by the employee at the address given by the employee.

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

  • (2) An employee abandons a grievance where the employee fails to present a grievance to the next higher level in the grievance process within the time referred to in section 73.

Adjudication Procedure

  •  (1) An employee may refer a grievance to adjudication under section 92 of the Act by filing with the Secretary in duplicate a notice in Form 14 of the schedule, together with a copy of the grievance that the employee submitted to the employee’s immediate supervisor or the local officer-in-charge pursuant to paragraph 71(1)(a) or (b) or paragraph 71(2)(a) or (b), no later than on the thirtieth day after the earlier of

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

    • (b) the last day on which the authorized representative of the employer was required, pursuant to the provisions of a collective agreement or arbitral award or pursuant to section 74, to reply to the grievance at the final level of the grievance process.

  • (2) Where a notice is filed under subsection (1), the Secretary shall provide the employer with 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 an arbitral award, the notice filed 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/96-457, s. 5

 An employer shall, no later than on the tenth day after the day on which the employer was provided with a copy of a notice referred to in subsection 76(2), file with the Secretary, a copy of the reply that was made to the grievance at each level of the grievance process and a copy of the grievance replied to at the final level.

  •  (1) Where an employee requests the establishment of a board of adjudication pursuant to subsection 95(1) of the Act, the Secretary shall provide the employer with a notice in Form 15 of the schedule.

  • (2) An employer shall, no later than on the tenth day after the day on which the employer was provided with a notice pursuant to subsection (1), file with the Secretary

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

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

  • (3) Where, within the time specified in subsection (2), an employer does not file an objection to the establishment of a board of adjudication and fails to nominate a person to be a member of the board of adjudication, the Board, on behalf of the employer, shall nominate a person to be a member of the board of adjudication.

  •  (1) Where a grievance arises out of a collective agreement and an adjudicator is named in the collective agreement, the Secretary shall provide the adjudicator with a copy of the notice filed under subsection 76(1) and copies of any reply to the grievance filed pursuant to section 77.

  • (2) Where an employee requests the establishment of a board of adjudication and no objection thereto is filed by the employer within the time specified in subsection 78(2), the Secretary shall provide a copy of the notice filed under subsection 76(1) and copies of any reply to the grievance filed pursuant to section 77 to

    • (a) the nominees of the parties; and

    • (b) the member of the Board who is assigned to act as chairperson of the board of adjudication pursuant to paragraph 94(1)(a) of the Act.

  • (3) Where subsections (1) and (2) do not apply, the Secretary shall provide a copy of the notice filed under subsection 76(1) and a copy of any reply to the grievance filed pursuant to section 77 to the adjudicator selected by the parties or by the Board under paragraphs 95(2)(a.1) and (c) of the Act, respectively.

 
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