Short Title

1 These Regulations may be cited as the P.E.S.R.A. Regulations and Rules of Procedure.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Parliamentary Employment and Staff Relations Act; (Loi)

  Executive Director

  Executive Director means the Executive Director of the Board; (directeur général)

  person

  person includes an employee organization, a council of employee organizations and an employer. (personne)

  registrar

  registrar[Repealed, SOR/2005-80, s. 1]

  Secretary

  Secretary[Repealed, SOR/2005-80, s. 1]

• (2) Where a period of time is prescribed by these Regulations and expressed as a number of days, the period shall be computed as being the number of days expressed exclusive of Saturdays and holidays.

Filing

• 3 (1) Subject to subsection (2), for the purposes of these Regulations, a document shall be deemed to be filed with the Executive Director at the time it is

  • (a) sent by registered mail addressed to the Executive Director; or

  • (b) received by or on behalf of the Executive Director, if the document was not sent by registered mail.

• (2) Where a document is received by or on behalf of the Executive Director after 4 o’clock in the afternoon local Ottawa time of a business day of the Board, the document shall, for the purposes of these Regulations, be deemed to be filed with the Executive Director on the next business day of the Board.

Service

• 4 (1) Where a document is required by these Regulations to be served, the service may be effected

  • (a) by personal service or, if the person to be served cannot be found, by leaving the document with a person who appears to be of at least 16 years of age and resident or employed at the premises located at the address for service or principal office of the person to be served as stated in any application, intervention, reply or other document in the proceeding or at the person’s last known or usual address;

  • (b) by registered mail addressed to the person to be served at the person’s address for service or the person’s principal office as stated in any application, intervention, reply or other document in the proceeding or at the person’s last known or usual address; or

  • (c) where service cannot be expeditiously effected under paragraph (a) or (b), by communicating to the person to be served the contents of the document in such manner as the Board may direct.

• (2) Where a hearing is to be held, service of the notice of hearing in Form 1 shall be effected at least five days before the day fixed for the hearing.

• (3) Where a person is served with a notice of hearing referred to in subsection (2) and fails to attend the hearing or at any continuation thereof, the hearing may proceed and the matter be disposed of without further notice to that person.

5 Where a document is served under these Regulations, service thereof shall be deemed to have been effected on

• (a) where the document was served under paragraph 4(1)(a) or (c), the day on which the person to be served was served with the document; or

• (b) where the document was served under paragraph 4(1)(b), the second day following the day on which the document was mailed to the person to be served.

General

6 The Board may, on its own motion or at the request of a party, direct that the information or material contained in any document filed pursuant to these Regulations be made more complete or specific and if the party so directed fails to comply with the direction within such time as the Board may determine, the Board may strike from the document the information or material or so much thereof as the Board deems to be incomplete or insufficiently specific.

7 Where the Board considers it advisable, the Board may at any time direct that a proceeding before the Board be consolidated with any other proceeding before the Board and the Board may issue such directions in respect of the conduct of the consolidated proceeding as the Board considers advisable.

8 The Board may, where the Board is satisfied that the circumstances so require, adjourn any hearing for such time and to such place and on such terms as the Board considers advisable.

9 Notwithstanding anything in these Regulations, the Board may, where the Board is satisfied that the circumstances so require and upon such terms as the Board considers advisable

• (a) extend the time prescribed by these Regulations for doing any act, serving any notice, filing any document or taking any proceeding and may do so either before or after the expiration of the time prescribed; or

• (b) reduce the time prescribed by these Regulations for doing any act, serving any notice, filing any document or taking any proceeding.

10 The Board may direct that any person be added as a party to a proceeding or be served with any document, as the Board considers advisable.

• 11 (1) For the purposes of this section, application means a complaint or any other proceeding before the Board other than a grievance.

• (2) Subject to subsection (3), but notwithstanding any other provision of these Regulations, the Board may decide to dismiss an application on the ground that the application does not, on its face, disclose grounds for a hearing.

• (3) Before dismissing an application pursuant to subsection (2), 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 preliminary hearing.

• (4) Where the Board dismisses an application pursuant to subsection (2), the Board shall state in a written decision its reasons therefor and serve a copy thereof on the parties to the application.

• (5) An applicant may, within 25 days after being served with the written decision pursuant to subsection (4), file with the Executive Director a request that the Board review its decision.

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

• (7) Where a request for review is filed with the Executive Director, the Board shall

  • (a) rescind its decision and direct that the application be proceeded with in accordance with the applicable provisions of these Regulations;

  • (b) serve the applicant and any other person who, in the opinion of the Board, may be affected by the application with a notice of hearing in Form 1 to show cause why the application should be heard; or

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

12 Where a witness is summoned pursuant to paragraph 15(a) of the Act, the summons shall be in Form 2.

13 No proceeding under these Regulations is invalid by reason only of any defect in form or of any technical irregularity.

14 Where any matter arises during the course of any proceeding before the Board that is not provided for by these Regulations it shall be dealt with in such manner as the Board directs.

PART IComplaints Procedure

15 A complaint under section 13 of the Act shall be filed with the Executive Director in duplicate in Form 3.

16 The Executive Director shall serve a respondent named in Form 3 with a copy of a complaint filed pursuant to section 15.

17 A respondent may, not later than the 10th day after being served with a copy of a complaint under section 16, reply thereto by filing with the Executive Director a reply in duplicate.

• 18 (1) The Executive Director shall serve on the complainant a copy of a reply filed by a respondent pursuant to section 17.

• (2) After the expiration of the time prescribed by section 17, the Board may direct the Executive Director to serve each of the parties with a notice of hearing in Form 1.

PART IICertification Procedure

Interpretation

19 In this Part,

application

application means an application for certification of a bargaining agent for a bargaining unit; (demande)

intervener

intervener means any employee organization that intervenes with respect to a certification proceeding before the Board; (intervenant)

terminal date

terminal date means a day fixed by the Executive Director, pursuant to paragraph 20(b), by which time certain actions with respect to an application are to be taken by the parties. (date limite)

General

20 Where an application is filed under section 21, the Executive Director shall

• (a) serve the employer named in the application with a copy of the application;

• (b) fix a terminal date, as directed by the Board, which date shall be not less than 10 and not more than 30 days after the date of the filing of the application; and

• (c) notify the parties of the date so fixed.

21 An application shall be filed with the Executive Director in duplicate in Form 4.

22 Notwithstanding anything in this Part, the Board may dispose of an application without further notice to any person who has not filed a document in the proceeding on or before the terminal date in the manner prescribed by these Regulations.

23 Where the Board considers it advisable, the Board may require the employer to post notices of the application in Form 5, immediately on receipt thereof by the employer, in conspicuous places where the notices are most likely to come to the attention of the employees who may be affected by the application, and to keep the notices posted until after the terminal date.

24 An employer shall file with the Executive Director a reply to the application in duplicate in Form 6 not later than the terminal date.

25 The Executive Director shall serve a copy of the application on any employee organization known to the Board as claiming to represent any employees who may be affected by the application.

26 An employee organization that is served with a copy of the application or that claims to represent any of the employees who may be affected by the application shall file with the Executive Director its intervention, if any, in duplicate in Form 7 not later than the terminal date.

• 27 (1) An employee organization intending to apply for certification as the bargaining agent of any employees who may be affected by an application shall file with the Executive Director in triplicate, not later than the terminal date fixed for the application pursuant to paragraph 20(b), an intervener’s application in Form 8.

• (2) Paragraph 20(a) and section 23 apply to an intervener’s application with such modifications as the circumstances require.

• (3) Paragraphs 20(b) and (c) do not apply to an intervener’s application unless the Board so directs.

28 Any employee or group of employees affected by an application or intervener’s application and who wish to make representations to the Board in opposition to the application or intervener’s application shall file with the Executive Director in writing a concise statement of opposition that

• (a) is signed by the employee or each member of the group of employees;

• (b) is accompanied by a return mailing address of the employee or a representative of the group of employees, as the case may be; and

• (c) is filed not later than the terminal date.

29 An application, reply, intervention, intervener’s application, statement of opposition or notice may be amended with leave of the Board on such terms and conditions as the Board considers advisable.

30 Where an applicant, or an intervener that files an intervener’s application, is a council of employee organizations, the council shall file with the Executive Director at the time the application or intervener’s application is filed the documents on which the council intends to rely to satisfy the Board that each of the employee organizations that is a constituent member of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

31 Where an application or intervener’s application is filed, the Board may require the employer to file, in such form and manner and within such time as the Board considers advisable,

• (a) lists of

  • (i) employees, and

  • (ii) employees whose duties include the supervision of other employees; and

• (b) specimen signatures of employees.

• 32 (1) Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom no employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons, if any, whom the employer claims should be excluded from the proposed bargaining unit because the employer considers them to be persons employed in a managerial or confidential capacity.

• (2) The Executive Director shall serve a copy of a list filed pursuant to subsection (1) on the applicant and the intervener, if any.

33 Within 10 days, or such other period of time as the Board may determine pursuant to section 9, after the Executive Director has served on an applicant or an intervener applying for certification a copy of a list filed by an employer pursuant to subsection 32(1), the applicant or the intervener shall file with the Executive Director a statement showing, in respect of each person whose name appears on the list, whether the applicant or the intervener agrees with the claims of the employer.

34 Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom an employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons who have been excluded from the proposed bargaining unit by reason of their being designated by the employer or by the Board to be persons employed in a managerial or confidential capacity.

35 A list required pursuant to subsection 32(1) or section 34 shall be filed in such form and manner and within such time as the Board considers advisable.

• 36 (1) An application or intervener’s application filed under this Part shall be accompanied by all or part of the documentary evidence on which the applicant or intervener intends to rely to satisfy the Board that a majority of employees in the proposed bargaining unit wishes the applicant or intervener to represent the employees as their bargaining agent.

• (2) Any documentary evidence that does not accompany an application or an intervener’s application pursuant to subsection (1) shall be filed on or before the terminal date.

37 Where the Board decides to hold a hearing, the Executive Director shall serve a notice of hearing in Form 1 on each of the parties and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

• 38 (1) An employee or group of employees who has filed a statement of opposition in accordance with section 28 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

• (2) The Board shall not hear any oral evidence of opposition by or on behalf of employees to the certification of an employee organization other than such oral evidence as the Board may require to identify and substantiate a statement of opposition filed in accordance with section 28.

PART IIIDesignation of Managerial or Confidential Persons

• 39 (1) Where, after the Board has certified an employee organization as bargaining agent for a bargaining unit, the employer wishes to designate any person in that bargaining unit described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3 of the Act, the employer shall file with the Executive Director in duplicate a statement setting forth the name of the person whom the employer wishes so to designate, the person’s job description, classification, the subparagraph under which the person is to be designated and, where any such person is to be designated under subparagraph (iv), the position, title, job description and classification of the person to whom the position of employment of the person to be designated is confidential.

• (2) Where a statement referred to in subsection (1) is filed, the Executive Director shall serve a copy of that statement on the bargaining agent of the person to whom the statement applies.

• (3) Where the bargaining agent referred to in subsection (2) objects to the designation of a person pursuant to subsection (1), the bargaining agent shall file with the Executive Director, not later than 15 days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds for the objection.

• (4) The time prescribed by subsection (3) may be extended either before or after the expiration of that time

  • (a) by agreement of the parties; or

  • (b) by the Board under section 9 in respect of any particular person or group of persons.

PART IVProcedure for Revocation of Certification

Interpretation

40 In this Part,

application

application means an application for revocation of certification of a bargaining agent; (demande)

terminal date

terminal date means a day fixed by the Executive Director, pursuant to paragraph 20(b), by which time certain actions with respect to an application are to be taken by the parties. (date limite)

Application of Other Provisions

41 Sections 20, 22, 28 and 29 apply, with such modifications as the circumstances require, to proceedings under this Part.

Applications

42 An application shall be filed with the Executive Director in duplicate in Form 9.

• 43 (1) An application made under section 29 of the Act shall be accompanied by all or part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

• (2) Any documentary evidence that does not accompany an application pursuant to subsection (1) shall be filed on or before the terminal date.

• (3) Evidence of signification by employees that they no longer wish to be represented by the bargaining agent for the bargaining unit shall not be accepted by the Board unless the evidence is in writing signed by the employees.

• 44 (1) Where an application is made, the Executive Director shall

  • (a) serve the bargaining agent with a copy of the application; and

  • (b) where the application is made by a person other than the employer, serve the employer with a copy of the application.

• (2) Where the Board so directs, the Executive Director shall serve the employer with an appropriate number of notices of application in Form 10 and the employer shall, immediately upon receipt thereof, post the notices and keep the notices posted until after the terminal date in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application.

45 Where an application is made, the bargaining agent and, if the application is made by a person other than the employer, the employer shall file with the Executive Director a reply in duplicate in Form 11 not later than the terminal date.

General

46 The Board may require the employer to file a list of employees in the bargaining unit, together with specimen signatures of the employees, in such form and manner and within such time as the Board considers advisable.

47 No oral evidence of signification by employees that they no longer wish to be represented by the employee organization certified as the bargaining agent for the bargaining unit shall be accepted by the Board except to identify and substantiate the written evidence referred to in section 43.

48 Where the Board decides to hold a hearing, the Executive Director shall serve a notice of hearing in Form 1 on each of the parties and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

• 49 (1) An employee or group of employees who has filed a statement of opposition in accordance with section 28 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

• (2) The Board shall not hear any oral evidence of opposition by or on behalf of employees to the application other than such oral evidence as the Board may require to identify and substantiate a statement of opposition filed in accordance with section 28.

PART VArbitration

50 A notice of request for arbitration under section 50 of the Act shall be filed in quintuplicate in Form 12.

• 51 (1) A notice of request for arbitration on any additional matter under section 51 of the Act shall be filed in quintuplicate in Form 13, and the party making that request shall, in addition to complying with the requirements of subsection 51(2) of the Act, include in the notice the party’s proposals, if any, concerning the award to be made by the Board in respect of the terms and conditions of employment for which arbitration was requested under section 50 of the Act.

• (2) Where a party has filed a notice in Form 13, the Executive Director shall provide the other party with a copy thereof and that other party shall file with the Executive Director, in quintuplicate, within seven days after the receipt of that copy, its proposals, if any, concerning the award to be made by the Board in respect of those additional matters.

• (3) The Executive Director shall provide to the party referred to in subsection (2) a copy of any proposals filed by the other party pursuant to subsection (2).

• 52 (1) Where a party entitled to request arbitration on any additional matter pursuant to section 51 of the Act makes no such request, that party shall, within seven days after the receipt by the party of the notice filed pursuant to section 50, file in quintuplicate with the Executive Director the party’s proposals, if any, concerning the award to be made by the Board in respect of the terms and conditions of employment for which arbitration was requested under section 50 of the Act.

• (2) The Executive Director shall deliver to the other party a copy of any proposals filed pursuant to subsection (1).

53 Where a party has filed proposals in only one official language pursuant to section 51 or 52, that party shall file with the Executive Director the proposals in the other offical language on or before the date set for the hearing of the request for arbitration.

54 After the time for the filing of the proposals described in subsection 51(1) or (2) or 52(1) expires, each party shall, on a date to be fixed by the Board, file with the Executive Director six sets of a memorandum of points to be argued by that party and six sets of the material in support thereof that the party wishes the Board to consider in rendering the award.

55 Where either party has not filed its proposals pursuant to section 50 or 51 of the Act or pursuant to subsection 51(1) or (2) or 52(1), the Board may direct that party to file the proposals on such terms and conditions as the Board considers advisable, and if that party fails to comply with the direction, the Board may refuse to permit that party to adduce evidence or make representations in respect of the proposals to which the direction relates.

56 The Executive Director shall, on the direction of the Board, serve the parties with a notice of hearing in Form 1.

PART VIGrievance Process and Adjudication Procedure

Interpretation

57 In this Part,

final level

final level means the final level of the grievance process established pursuant to subsection 60(1); (dernier palier)

level

level means a level of management to which a grievance is presented. (palier)

Grievance Process

58 Sections 59 to 66 do not apply to employees included in a bargaining unit for which a bargaining agent has been certified by the Board, to the extent that those sections are inconsistent with any provisions contained in a collective agreement applicable to those employees entered into by the bargaining agent and the employer.

• 59 (1) Each employer shall establish a grievance process in the manner set forth in this Part.

• (2) Until an employer has established a grievance process under subsection (1), the Board may, on application of an aggrieved employee, direct the manner and procedure by which a grievance is to be processed or adjudicated.

• 60 (1) A grievance process shall not consist of more than three levels.

• (2) Each employer shall inform each employee to whom the grievance process applies of the name or title of the persons designated pursuant to subsection 71(4) of the Act together with the name or title and the address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

• (3) The information required by subsection (2) shall be communicated to employees by means of notices posted in conspicuous places where the notices are most likely to come to the attention of the employees to whom the grievance process applies or otherwise as the employer may, with the approval of the Board, determine.

• 61 (1) Each employer shall prepare and submit to the Board for the Board’s approval a grievance form or forms that require the following information to be stated by an aggrieved employee:

  • (a) the name and address of the aggrieved employee and any additional information, other than the employee’s Social Insurance Number, necessary to identify the aggrieved employee;

  • (b) a concise statement of the nature of each act or omission complained of, including, where relevant, a reference to the statute, regulation, by-law, direction or other instrument made or issued by the employer or the collective agreement or arbitral award alleged to have been violated or misinterpreted that will identify the nature of the alleged violation or misinterpretation;

  • (c) the steps, if any, that have been taken by the aggrieved employee for the adjustment of the matters giving rise to the grievance;

  • (d) the date or dates on which each act or omission or other matter giving rise to the grievance occurred; and

  • (e) the corrective action requested by the aggrieved employee.

• (2) Before or after approving a form submitted under subsection (1), the Board may require an employer to alter the form in the manner that the Board considers advisable.

• (3) On approval by the Board of a form submitted under subsection (1), the employer shall make copies thereof available to all employees concerned.

Presentation of Grievance

• 62 (1) Where an employee wishes to present a grievance, the employee shall do so in the manner prescribed in subsection 63(1) and in the form approved by the Board pursuant to section 61,

  • (a) where the grievance does not relate to termination of employment, demotion, denial of appointment or classification, at the first level of the grievance process; and

  • (b) where the grievance relates to termination of employment, demotion, appointment or classification, at the final level of the grievance process.

• (2) A grievance shall be presented by an employee

  • (a) where it relates to denial of appointment, not later than the 15th day,

  • (b) where it relates to termination of employment, demotion or classification, not later than the 25th day, and

  • (c) where it does not relate to a matter described in paragraphs (a) and (b), not later than the 20th day

  after the day on which the employee was notified orally or in writing, or where the employee was not so notified, after the day on which the employee first had knowledge of an action or circumstances giving rise to the grievance.

• (3) A grievance of an employee is not invalid by reason only that it is not presented in the form supplied by the employer.

• (4) Where the grievance of an employee alleges that the employee is aggrieved by reason of the interpretation or application in respect of the employee of a provision of a collective agreement or arbitral award, the grievance shall not be presented unless it 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, signifying that the employee, in presenting the grievance, has the approval of and will be represented by the bargaining agent; and

  • (b) sets out an address for service of the authorized representative.

• 63 (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.

64 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.

• 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.

• 66 (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

• 67 (1) Where a grievance may be referred to adjudication under section 63 of the Act, an employee may do so by filing with the Executive Director 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 Executive Director 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.

68 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.

• 69 (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 Executive Director 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.

70 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 Executive Director 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.

• 71 (1) Where an employee has requested the establishment of a board of adjudication pursuant to subsection 66(1) of the Act, the Executive Director shall serve on the employer a notice in Form 15.

• (2) An employer shall file with the Executive Director 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.

• 72 (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 Executive Director 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 Executive Director 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 Executive Director 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.

73 Where the Board, the adjudicator concerned or a board of adjudication determines that a hearing shall be held, the Executive Director shall serve a notice of hearing in Form 16 on the aggrieved employee and on the employer.

• 74 (1) The Board, adjudicator concerned or chairperson of a board of adjudication may, by notice, require a party to file with the Executive Director 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 Executive Director shall, on receipt of a statement filed pursuant to subsection (1), serve a copy of the statement on each of the other parties.

• 75 (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 Executive Director 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) where a hearing is to be held, a notice of hearing in Form 16.

• (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 Executive Director 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.

• 76 (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.

• 77 (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 being served with a decision pursuant to subsection (1), file with the Executive Director a request that the Board 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) Where a request for review is filed with the Executive Director, 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 opinion of the Board, may be affected by the grievance with a notice of hearing in Form 16 to show cause why the grievance should be heard; or

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

Reference under Section 70 of the Act

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

• (2) The Executive Director 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 Executive Director a statement of its position.

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

• (5) On the direction of the Board the Executive Director shall, after the expiration of the time fixed by subsection (3) for filing a statement of position, serve on the parties a notice of hearing of the reference in Form 1.

General

79 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

• 80 (1) An application for consent from the Board to institute prosecution shall be filed with the Executive Director 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) The Executive Director shall serve a respondent named in Form 18 with a notice of application for consent to institute prosecution in Form 19 and a copy of any statutory declaration, statement made under oath or affirmation filed under subsection (1) that is applicable to that respondent.

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

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

• 83 (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.

84 Where the Board determines that a hearing is to be held, the Executive Director shall serve a notice of hearing on the parties in Form 1.