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

Marginal note:Deadline for presentation of grievance

• 85 (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.

Marginal note:Receipt and transmission

86 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.

Marginal note:Deadline for decision

87 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.

Marginal note:Withdrawal of grievance

• 88 (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.

Adjudication

Marginal note:Notice of reference to adjudication

• 89 (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.

Marginal note:Deadline for reference to adjudication

• 90 (1) Subject to subsection (2), a grievance may be referred to adjudication no later than 40 days after the day on which the person who presented the grievance received a decision at the final level of the applicable grievance process.

• Marginal note:Exception

  (2) If no decision at the final level of the applicable grievance process was received, a grievance may be referred to adjudication no later than 40 days after the expiry of the period within which the decision was required under this Part or, if there is another period set out in a collective agreement, under the collective agreement.

Marginal note:Deadline — establishment of board of adjudication

• 91 (1) The party that receives a copy of a notice of a reference to adjudication may, no later than 15 days after receipt of the notice,

  • (a) if the notice contains a request for the establishment of a board of adjudication, object to the establishment of a board or file a document specifying the name of their nominee as member of the board; or

  • (b) in any other case, request the establishment of a board of adjudication.

• Marginal note:Deadline — establishment of board of adjudication

  (2) Where the party that receives a copy of a notice of a reference to adjudication requests the establishment of a board of adjudication, the other party may, no later than 15 days after being provided with a copy of the request, object to the establishment of the board or file a document specifying the name of their nominee as a member of the board.

Marginal note:Notice to Canadian Human Rights Commission

• 92 (1) A notice of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act must be given to the Canadian Human Rights Commission, together with a copy of the grievance and the notice of the reference to adjudication.

• Marginal note:Form and contents

  (1.1) The notice must be filed with the Canadian Human Rights Commission and signed by the party raising the issue or their authorized representative, as the case may be, and contain the following information:

  • (a) the name and contact information of the party raising the issue involving the interpretation or application of the Canadian Human Rights Act and of their authorized representative, if any;

  • (b) the description of the issue involving the interpretation or application of the Canadian Human Rights Act;

  • (c) the prohibited ground of discrimination involved;

  • (d) the corrective action sought; and

  • (e) the date of the notice.

• Marginal note:Copies of notice

  (2) The person who gives the notice must send a copy of it to the Board, the other party, any intervenors and every person in receipt of a copy of the notice of the reference to adjudication by virtue of section 4, unless that person has notified the Board in writing that the person does not wish to receive a copy of subsequent documents.

Marginal note:Deadline for notice of intention to make submissions

• 93 (1) The Canadian Human Rights Commission may, no later than 15 days after being notified of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act, notify the Board of whether or not it intends to make submissions regarding the issue raised in the notice.

• Marginal note:Attachments

  (2) The Canadian Human Rights Commission must submit a copy of the grievance and the notice of the reference to adjudication together with its notice.

• Marginal note:Copies of notice

  (3) On receipt of the notice, the Board must provide copies to the parties and the intervenors.

Marginal note:Participation in mediation

• 94 (1) The parties must participate in the mediation provided by the Board, unless a party notifies the Board in writing, no later than 15 days after the party that did not refer the grievance to adjudication, receives a copy of the notice of the reference to adjudication that it does not intend to participate.

• Marginal note:Request to mediate

  (2) Despite subsection (1), a party may, after notifying the Board of its intention not to participate in mediation, and with the agreement of the other party, request mediation of the grievance.

Marginal note:Deadline for raising objections

• 95 (1) A party may, no later than 30 days after being provided with a copy of the notice of the reference to adjudication,

  • (a) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the presentation of a grievance at a level of the grievance process has not been met; or

  • (b) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the reference to adjudication has not been met.

• Marginal note:Objection may not be raised

  (2) The objection referred to in paragraph (1)(a) may be raised only if the grievance was rejected at the level at which the time limit was not met and at all subsequent levels of the grievance process for that reason.

• Marginal note:Objection raised

  (3) If the party raises an objection referred to in subsection (1), it must provide a statement in writing giving details regarding its objection to the Board.