PART IStaff Relations (continued)
DIVISION IIIProvisions Applicable to Resolution of Disputes (continued)
Arbitral Award Matters
Marginal note:Award not to require legislative implementation
Marginal note:Matters not to be dealt with by award
(2) No arbitral award shall deal with the standards, procedures or processes governing the appointment, appraisal, promotion, demotion, transfer, lay-off or release of employees, or with any term or condition of employment of employees that was not a subject of negotiation between the parties during the period before arbitration was requested in respect thereof.
Marginal note:Award to be limited
(3) An arbitral award shall deal only with terms and conditions of employment of employees in the bargaining unit in respect of which the request for arbitration was made.
Making of Arbitral Award
Marginal note:Award to be signed
56 (1) An arbitral award shall be signed by the member of the Board who is not a member selected from a panel appointed under section 47 and copies thereof shall be transmitted to the parties to the dispute and no report or observations thereon shall be made or given by either of the members selected from a panel appointed under section 47.
(2) Subject to subsection (3), a decision of the majority of the members of the Board in respect of the matters in dispute shall be the arbitral award in respect of the matters in dispute.
Marginal note:Decision where majority cannot agree
(3) Where the majority of the members of the Board in respect of the matters in dispute cannot agree on the terms of the arbitral award to be rendered in respect thereof, the decision of the member of the Board who is not a member selected from a panel appointed under section 47 shall be the arbitral award in respect of the matters in dispute.
Marginal note:Form of award
(4) An arbitral award shall, wherever possible, be made in such form
(a) as will be susceptible of being read and interpreted with, or annexed to and published with, any collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the arbitral award applies; and
(b) as will enable its incorporation into and implementation by regulations, by-laws, directives or other instruments that may be required to be made or issued by the employer or the relevant bargaining agent in respect thereof.
Duration and Operation of Arbitral Awards
Marginal note:Binding effect of arbitral award
57 (1) An arbitral award is, subject to and for the purposes of this Part, binding on the employer affected and the bargaining agent that is a party thereto and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on which the award is rendered or such later day as the Board may determine.
Marginal note:Retroactive application
(2) A provision of an arbitral award made in respect of a term or condition of employment may be retroactive to the extent that it is capable of being retroactively applied, in whole or in part, to a day prior to the day on and after which the arbitral award becomes binding on the parties but not before the day on which notice to bargain collectively was given by either party.
Marginal note:Effect on previous collective agreement or award
(3) Where, in relation to any or all of the provisions of an arbitral award made in respect of terms and conditions of employment, there was previously in effect a collective agreement or arbitral award, the previous collective agreement or the previous arbitral award is displaced, to the extent of any conflict, for the term, determined in accordance with section 58, for which the subsequent award is operative.
Marginal note:Term of arbitral award
58 (1) The Board shall, in respect of every arbitral award, determine and specify therein the term for which the arbitral award is to be operative and, in making its determination, it shall take into account
(a) where a collective agreement applicable to the bargaining unit is in effect or has been entered into but is not yet in effect, the term of that collective agreement; and
(b) where no collective agreement applying to the bargaining unit has been entered into,
Marginal note:Limitation on term of award
(2) No arbitral award, in the absence of the application thereto of any criterion referred to in paragraph (1)(a) or (b), shall be for a term of less than one year or more than two years from the day on and after which it becomes binding on the parties.
Implementation of Arbitral Awards
Marginal note:Implementation of awards
59 The terms and conditions of employment that are the subject of an arbitral award shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required therefor, be implemented by the parties within a period of ninety days from the date on and after which it becomes binding on the parties or within such longer period as, on application to the Board by either party, appears reasonable to the Board.
Completion and Variation of Arbitral Awards
Marginal note:Reference back to Board
60 Where in respect of an arbitral award it appears to either of the parties that the Board has failed to deal with any matter in dispute referred to it, that party may, within seven days from the day the award is rendered, refer the matter back to the Board, and the Board shall thereupon deal with the matter.
Marginal note:Authority to amend or vary award
61 The Board may, on application jointly by both parties to an arbitral award, amend, alter or vary any provision of that award where it is made to appear to the Board that the amendment, alteration or variation thereof is warranted, having regard to circumstances that have arisen since the making of the award or of which the Board did not have notice at the time of the making thereof, or having regard to such other circumstances as the Board deems relevant.
Right to Present Grievances
Marginal note:Right of employee
(a) by the interpretation or application, in respect of the employee, of
(b) as a result of any occurrence or matter affecting the employee’s terms and conditions of employment, other than a provision described in subparagraph (a)(i) or (ii),
the employee is entitled, subject to subsection (2), to present the grievance at each of the levels, up to and including the final level, in the grievance process provided for by this Part.
(2) An employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.
Marginal note:Right to be represented by employee organization
(3) An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of and, if the employee chooses, may be represented by any employee organization in the presentation or reference to adjudication of a grievance.
(4) No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any employee organization, other than the employee organization certified as bargaining agent, in the presentation or reference to adjudication of a grievance.
Adjudication of Grievances
Reference to Adjudication
Marginal note:Reference of grievance to adjudication
(a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award,
(b) disciplinary action against the employee resulting in suspension or a financial penalty,
(c) the termination of employment of the employee, other than rejection on probation in respect of an initial appointment,
(d) demotion of the employee,
(e) where the employee has been denied an appointment, the employer’s evaluation of the skill, fitness and ability of the employee with respect to the employee’s qualification for the appointment,
(f) subject to subsection 5(3), the employer’s classification of the employee, or
(g) the contravention by the employer of any applicable provision of regulations made under subsection 117(1) of the Accessible Canada Act, if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention,
and the grievance has not been dealt with to the satisfaction of the employee, the employee may refer the grievance to adjudication.
Marginal note:Approval of bargaining agent
(2) Where a grievance that may be presented by an employee to adjudication is a grievance described in paragraph (1)(a), the employee is not entitled to refer the grievance to adjudication unless the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies signifies in prescribed manner its approval of the reference of the grievance to adjudication and its willingness to represent the employee in the adjudication proceedings.
Marginal note:Commencement of certain grievance adjudication
(3) A grievance with respect to a matter referred to in paragraph (1)(f) shall not be adjudicated under this Part unless the circumstances that cause the grievance are in existence after the day that is one year after this Part comes into force.
- R.S., 1985, c. 33 (2nd Supp.), s. 63
- 2019, c. 10, s. 155
- Date modified: