GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Regulations — 58
Application for declaration that conduct is unlawful 58 An application for a declaration that conduct is unlawful under subsection 198(1) of the Act must be filed with the Board and signed by the authorized representative of the employer and must contain (a) the names and contact information of the employer and its authorized representative; (b) the name and contact information of the respondent; (c) the provision of the Act alleged to have been contravened; (d) a description of the conduct giving rise to the application; (e) the corrective action sought under subsection 198(2) of the Act; and (f) the date of the application for a declaration that conduct is unlawful. SOR/2020-43, s. 30
Federal Public Sector Labour Relations Regulations — 59
Reply 59 The party that receives a copy of the application must, no later than seven days after receipt, file a reply. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 60
Application to obtain Board’s consent 60 An application to obtain the consent of the Board referred to in section 205 of the Act must be filed with the Board and signed by the applicant or the applicant’s authorized representative and must contain the following information: (a) the name and contact information of the applicant and the applicant’s authorized representative, if any; (b) the name and contact information of the respondent; (c) the offence under Division 14 of Part 1 of the Act alleged to have been committed; (d) the provision of the Act alleged to have been contravened; (e) a description of the conduct giving rise to the application; and (f) the date of the application to obtain the consent of the Board. SOR/2020-43, s. 31
Federal Public Sector Labour Relations Regulations — 61
Extension of time 61 Despite anything in this Part, the time prescribed by this Part or provided for in a grievance procedure contained in a collective agreement for the doing of any act, the presentation of a grievance at any level of the grievance process, the referral of a grievance to adjudication or the providing or filing of any notice, reply or document may be extended, either before or after the expiry of that time, (a) by agreement between the parties; or (b) in the interest of fairness, on the application of a party, by the Board or an adjudicator, as the case may be. SOR/2014-251, s. 23
Federal Public Sector Labour Relations Regulations — 62
Suspension of time 62 If the parties avail themselves of an informal conflict management system established under section 207 of the Act, the time prescribed in this Part or provided for in a grievance procedure contained in a collective agreement for the presentation of a grievance at a level of the grievance process is suspended until either party gives to the other notice in writing to the contrary.
Federal Public Sector Labour Relations Regulations — 63
Rejection for failure to meet a deadline 63 A grievance may be rejected for the reason that the time limit prescribed in this Part for the presentation of the grievance at a lower level has not been met, only if the grievance was rejected at the lower level for that reason.
Federal Public Sector Labour Relations Regulations — 64
Maximum number of levels 64 An individual grievance process must consist of a maximum of three levels. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 65
Notice of level 65 (1) An employer must notify, in accordance with subsection (2), each of its employees of the names or titles of the persons whose decision on a grievance constitutes a level in the individual grievance process and the name or title, as well as the contact information, of the employee’s immediate supervisor or local officer-in-charge to whom an individual grievance may be presented. Posting of notice (2) Subject to subsection (3), an employer must post copies of the notice in conspicuous places where they are most likely to come to the attention of its employees. Alternative methods (3) If the information required by subsection (1) is more likely to come to the attention of the employees by a means other than posting notices, the Board must authorize an employer to communicate the information to its employees by a means other than posting notices. SOR/2020-43, s. 32 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 66
Individual grievance form 66 (1) An employer must prepare a form for an individual grievance that sets out the information to be provided by the grievor, including (a) the name, mailing and electronic mail address, telephone number, place of work, position title, division and section or unit and classification of the grievor as well as the name of the grievor’s employer; (b) either (i) a statement of the nature of each act, omission or other matter that establishes the alleged violation or misinterpretation giving rise to the grievance including, as the case may be, a reference to any relevant provision of a statute or regulation or of a direction or other instrument made or issued by the employer, that deals with the terms and conditions of employment or any relevant provision of a collective agreement or an arbitral award, or (ii) a statement of the alleged occurrence or matter affecting the grievor’s terms and conditions of employment; (c) the date on which the alleged violation or misinterpretation or the alleged occurrence or matter affecting the grievor’s terms and conditions of employment occurred; and (d) the corrective action requested. Approval (2) The form must be submitted to the Board for approval, and the Board must approve it if the form requests the information that is required under paragraphs (1)(a) to (d) and if any other information requested on the form is relevant to resolving the individual grievance. Copies (3) The employer must make copies of the approved form available to all of its employees. SOR/2020-43, s. 33
Federal Public Sector Labour Relations Regulations — 67
Presentation of grievance 67 An employee who wishes to present an individual grievance must do so on the form provided by the employer and approved by the Board and must submit it to the employee’s immediate supervisor or local officer-in-charge identified under subsection 65(1). SOR/2020-43, s. 34
Federal Public Sector Labour Relations Regulations — 68
Deadline for presentation of grievance at first level 68 (1) A grievor may present an individual grievance at the first level of the individual grievance process no later than 35 days after the earlier of the day on which the grievor received notification and the day on which the grievor had knowledge of the alleged violation or misinterpretation or any occurrence or matter affecting the grievor’s terms and conditions of employment. Deadline for presentation at higher level (2) A grievor may present an individual grievance at each succeeding level beyond the first level (a) no later than 15 days after the day on which the decision of the previous level was received; or (b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required. Grievance deemed presented (3) An individual grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is sent by courier or delivered to the grievor’s immediate supervisor or local officer-in-charge identified under subsection 65(1). SOR/2020-43, s. 35(E)
Federal Public Sector Labour Relations Regulations — 69
Representation — grievance relating to interpretation or application 69 (1) A grievor who presents an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award must provide, together with the form, (a) a declaration 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 grievor, in presenting the individual grievance, has the approval of and is represented by the bargaining agent; and (b) the contact information of the authorized representative for the purpose of providing documents. Representation — grievance relating to other matters (2) A grievor who presents an individual grievance other than the one referred to in subsection (1), and who is represented by another person in presenting the grievance, must provide, together with the form, (a) a declaration signed by the person or, if the person is an employee organization, its authorized representative, indicating that the person or the employee organization agree to act on behalf of the grievor; and (b) the contact information of the person or, if the person is an employee organization, its authorized representative for the purpose of providing documents. Representation — grievor not included in a bargaining unit (3) A grievor who is not included in a bargaining unit, who presents an individual grievance and who is represented by another person in presenting the grievance must provide, together with the form, (a) a declaration signed by the person or, if the person is an employee organization, its authorized representative, indicating that the person or employee organization agrees to act on behalf of the grievor; and (b) the contact information of the person or, if the person is an employee organization, of its authorized representative, for the purpose of providing documents. SOR/2020-43, s. 36 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 70
Receipt and transmission 70 On receipt of an individual grievance, the immediate supervisor or the local officer-in-charge identified under subsection 65(1) must (a) deliver to the grievor or to the grievor’s representative, if any, a receipt stating the date on which the individual grievance was received by the immediate supervisor or the local officer-in-charge; and (b) forward the individual grievance to the person whose decision constitutes the appropriate level of the individual grievance process. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 71
Circumstances in which a level may be eliminated 71 An individual grievance may be presented directly at the final level of the individual grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment.
Federal Public Sector Labour Relations Regulations — 72
Deadline for decision 72 (1) Unless the individual grievance relates to classification, the person whose decision constitutes the appropriate level of the individual grievance process must provide the decision to the grievor or the grievor’s representative, if any, no later than 20 days after the day on which the individual grievance was received by the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1). Exception (2) If the individual grievance relates to classification, the deadline is 80 days. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 73
Withdrawal of grievance 73 (1) A grievor may, by written notice to the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1), withdraw an individual grievance at any level of the individual grievance process before a decision is made at the level. Receipt and transmission (2) On receipt of a notice of withdrawal of an individual grievance, the immediate supervisor or the local officer-in-charge must (a) deliver to the grievor or the grievor’s representative, if any, a receipt stating the date on which the notice was received by the immediate supervisor or local officer-in-charge; and (b) forward the notice to the person whose decision constitutes the appropriate level of the individual grievance process. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 74
Maximum number of levels 74 A group grievance process is to consist of a maximum of three levels. SOR/2020-43, s. 37(E)
Federal Public Sector Labour Relations Regulations — 75
Notice of level 75 An employer must notify the bargaining agent of the employees to whom the group grievance process applies of the name or title, as well as the contact information, of any person to whom a group grievance may be presented. SOR/2020-43, s. 38
Federal Public Sector Labour Relations Regulations — 76
Group grievance form 76 (1) An employer must prepare a form for a group grievance that sets out the information to be provided by the bargaining agent, including (a) the name of the bargaining agent and the name and contact information of its authorized representative; (b) a statement of the nature of each act, omission or other matter giving rise to the grievance that establishes the alleged violation or misinterpretation, including, as the case may be, a reference to any relevant provision of a collective agreement or an arbitral award; (c) the date on which the alleged violation or misinterpretation occurred; and (d) the corrective action requested. Approval (2) The form must be submitted to the Board for approval, and the Board must approve it if the form requests the information that is required under paragraphs (1)(a) to (d) and if any other information requested on the form is relevant to resolving the group grievance. Copies (3) The employer must make copies of the approved form available to the bargaining agent. SOR/2020-43, s. 39
Federal Public Sector Labour Relations Regulations — 77
Presentation of grievance 77 (1) A bargaining agent who presents a group grievance must do so on the form provided by the employer and approved by the Board and must submit it to any person identified under section 75. Consent of aggrieved employees (2) The bargaining agent must submit, together with the group grievance, the consent of aggrieved employees to the presentation of a group grievance, signed by each of the consenting employees. Form and contents (3) The consent must contain the following information: (a) the names of the bargaining agent and the employer; (b) a description of the bargaining unit to which the aggrieved employees belong; (c) the portion of the federal public administration in which the aggrieved employees work; (d) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the group grievance; (e) the provision of the collective agreement or arbitral award that is the subject of the group grievance; (f) a statement of the group grievances; (g) the corrective action sought; and (h) the date on which each aggrieved employee consented and their work location. SOR/2020-43, s. 40
Federal Public Sector Labour Relations Regulations — 78
Deadline for presentation of grievance at first level 78 (1) A bargaining agent may present a group grievance at the first level of the group grievance process no later than 35 days after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance. Deadline for presentation of grievance at higher level (2) A bargaining agent may present a group grievance at each succeeding level beyond the first level (a) no later than 15 days after the day on which the decision of the previous level was received; or (b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required. Grievance deemed presented (3) A group grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is sent by courier or delivered to any person identified under section 75. SOR/2020-43, s. 41(E)
Federal Public Sector Labour Relations Regulations — 79
Receipt and transmission 79 On receipt of a group grievance, the person identified under to section 75 must (a) deliver to the bargaining agent a receipt stating the date on which the group grievance was received by the person; and (b) forward the group grievance to the person whose decision constitutes the appropriate level of the group grievance process. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 80
Deadline for decision 80 The person whose decision constitutes the appropriate level of the group grievance process must provide a decision to the bargaining agent no later than 20 days after the day on which the group grievance was received by any person identified under section 75. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 81
Withdrawal of grievance 81 (1) A bargaining agent may, by written notice to any person identified under section 75, withdraw a group grievance at any level of the group grievance process before the decision is made at that level. Receipt and transmission (2) On receipt of a notice of withdrawal of a group grievance, the person identified under section 75 must (a) deliver to the bargaining agent 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 appropriate level of the group grievance process. SOR/2020-43, s. 42(E)
Federal Public Sector Labour Relations Regulations — 82
Withdrawal from a group grievance 82 (1) A bargaining agent who receives a notice of withdrawal from a group grievance referred to in section 218 of the Act at any level of the group grievance process must provide a copy of the notice to any person identified under section 75. Receipt and transmission (2) On receipt of a copy of a notice of withdrawal from a group grievance, the person identified under section 75 must (a) deliver to the bargaining agent a receipt stating the date on which the copy of the notice was received by the person; and (b) forward the notice to the person whose decision constitutes the appropriate level of the group grievance process. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 83
Maximum number of levels 83 A policy grievance process must consist of one level. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 84
Notice from employer 84 (1) An employer must notify the bargaining agent of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented. Notice from bargaining agent (2) A bargaining agent must notify the employer of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented. SOR/2020-43, s. 43
Federal Public Sector Labour Relations Regulations — 85
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. 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. SOR/2020-43, s. 44(E)
Federal Public Sector Labour Relations Regulations — 86
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. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 87
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. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 88
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. 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. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 89
he 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. 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). 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. SOR/2005-417, s. 1 SOR/2020-43, s. 45 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 90
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. 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.