GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 39
39 Where an application is filed, the Board may require the employer to file a list that identifies all the employees in the bargaining unit, along with specimen signatures of those employees.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 40
40 Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 42
42 An employee or a group of employees who has filed a statement of opposition pursuant to section 26 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. SOR/2002-127, s. 2
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 43
43 Sections 20, 26, 27 and 37 apply, with such modifications as the circumstances require, in respect of proceedings under this Part.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 44
44 An application shall be filed with the Secretary in duplicate in Form 8 of the schedule.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 45
45 An application made under section 42 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part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 46
46 (1) Any documentary evidence that does not accompany an application that is filed pursuant to section 44, shall be filed no later than on the terminal date. (2) The Board shall not accept evidence of signification that employees no longer wish to be represented by the bargaining agent for the bargaining unit, unless the evidence is in writing and is signed by the employees referred to in section 45.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 47
47 (1) Where an application is filed, the Secretary shall provide a copy of the application to (a) the bargaining agent; and (b) the employer, where the application is made by a person other than the employer. (2) The Secretary shall provide the employer with as many notices of application in Form 9 of the schedule as appropriate to the number of employees and the locations at which they are employed. (3) An employer that has been provided with notices referred to in subsection (2) shall (a) immediately on receipt thereof, post the notices in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application, and keep the notices posted until after the terminal date; and (b) after the terminal date, file with the Secretary a statement that the employer has complied with paragraph (a).
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 48
48 The bargaining agent and, where the application is made by a person other than the employer, the employer may, no later than on the terminal date, file with the Secretary a reply in duplicate in Form 10 of the schedule.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 49
49 A notice of request for arbitration given under subsection 64(1) of the Act shall be filed with the Secretary in quintuplicate in Form 11 of the schedule.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 50
50 A notice of request for arbitration on any additional matter under subsection 64(6) of the Act shall be filed by a party with the Secretary in quintuplicate in Form 12 of the schedule and shall specify the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 51
51 (1) Where a party files a notice referred to in section 50, the Secretary shall provide a copy of the notice, to the other party. (2) A party may, no later than on the seventh day after being provided with a copy of a notice pursuant to subsection (1), file a notice with the Secretary in quintuplicate, specifying its proposals concerning the award to be made by the arbitration board in respect of the additional matters set out in the notice. (3) The Secretary shall provide to the party that filed a notice referred to in section 50 a copy of any proposals filed by the other party pursuant to subsection (2).
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 52
52 (1) Where a party that is entitled to request arbitration on any additional matter under subsection 64(6) of the Act makes no such request, the party may, no later than on the seventh day after the receipt by that party of the notice filed pursuant to section 49, file a notice with the Secretary, in quintuplicate specifying the party’s proposals, concerning the award to be made by the arbitration board in respect of the terms and conditions of employment for which arbitration was requested under subsection 64(1) of the Act. (2) The Secretary shall provide to the party that filed a notice pursuant to section 49 a copy of any proposals filed pursuant to subsection (1).
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 53
53 After the expiry of the time for the filing of the notice referred to in subsection 64(6) of the Act or in subsection 51(2) or 52(1), each party shall, no later than on the day specified by the arbitration board, file with the Secretary six sets of a memorandum of issues to be argued by the party and six sets of the material in support thereof that the arbitration board may consider in rendering the award.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 54
54 Where a party objects to the reference of a matter to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the chairperson shall give the parties the opportunity to make representations on the matter before delivering to the arbitration board the notice referring the matters in dispute pursuant to subsection 66(1) of the Act.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 55
55 (1) An employer who files a statement with the Board pursuant to subsection 78.1(5) or 78.1(10) of the Act shall include in the statement the job title, position number, classification, department or agency and geographic location of each position contained in the statement. (2) Forthwith on the filing of a statement referred to in subsection (1), the employer shall provide a copy of the statement to the bargaining agent.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 56
56 (1) An employer shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of each position that is included in a reference in accordance with subsection 78.1(7) of the Act. (2) Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent. SOR/96-457, s. 4
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 57
57 (1) An employer who refers the position in dispute to the Board under subsection 78.2(1) of the Act shall file with the Secretary a list that sets out the job title, position or work description, position number, classification, department or agency and geographic location of the position. (2) Forthwith on the filing of a list referred to in subsection (1), the employer shall provide a copy of the list to the bargaining agent.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 58
58 On the designation by the Board of a position under subsection 78.1(6) or (10) of the Act, the chairperson shall send a notice of the designation to the parties.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 59
59 Sections 55 to 58 and 60 apply, with such modifications as the circumstances require, in respect of a position that is reviewed pursuant to section 78.4 of the Act.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 60
60 (1) For the purposes of section 78.5 of the Act, the Board, or if authorized by the Board, the employer, shall inform an employee occupying a designated position of the designation by providing to that employee a notice in Form 13 of the schedule no later than on the thirtieth day after the day on which (a) a notice of designation is sent to the employer pursuant to subsection 78.2(4) of the Act, or section 58; or (b) an employee first occupies a designated position. (2) Where the Board or the employer, as the case may be, provides a notice referred to in subsection (1) to the employee occupying the designated position, the Board or the employer shall provide, forthwith, a copy of the notice to the employee organization that is certified as the bargaining agent for the bargaining unit in which the employee is a member.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 61
61 Where the Board certifies an employee organization as the bargaining agent for a bargaining unit, the bargaining agent shall specify the process for resolution of any dispute to which it may be a party, by filing the specification, in duplicate, with the Secretary.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 62
62 A bargaining agent that filed a specification pursuant to section 61 may apply to the Board to record an alteration in the process for resolution of a dispute that is applicable to the bargaining unit in respect of which the bargaining agent is certified, by filing an alteration of specification with the Secretary (a) before the day on which notice to bargain collectively is given under paragraph 50(2)(a) of the Act; or (b) during the period beginning on a day that is one month before notice to bargain collectively may be given under paragraph 50(2)(b) of the Act and ending on the day on which the notice to bargain collectively is given under that paragraph.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 63
63 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 providing or filing of any notice, reply or document may be extended, either before or after the expiration of those times (a) by agreement between the parties; or (b) by the Board, on the application of an employer, an employee or a bargaining agent, on such terms and conditions as the Board considers advisable.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 64
64 The adjudicator or the chairperson of a board of adjudication may adjourn any hearing and specify the time, place and terms of its continuance.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 65
65 The adjudicator or the chairperson of a board of adjudication may direct that any person be added as a party to a proceeding or be provided with any document.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 66
66 The adjudicator or the chairperson of a board of adjudication may direct that a proceeding be consolidated with any other proceeding, and may issue directions in respect of the conduct of the consolidated proceeding.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 67
67 Where an employer has not established, in accordance with section 68, the number of levels, or has not made available to employees in accordance with subsection 70(3) copies of the grievance form, the Board may, on application of an aggrieved employee, direct the manner of presenting a grievance and the procedure by which the grievance is to be processed or adjudicated.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 68
68 A grievance process shall consist of a first level and a final level and shall not consist of more than four levels.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 69
69 (1) An employer shall inform each employee to whom the grievance process applies of the names or titles of the persons designated pursuant to subsection 100(4) of the Act and the name or title, as well as the address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. (2) Subject to subsection (3), an employer shall post notices containing the information required by subsection (1) in conspicuous places where the notices are most likely to come to the attention of the employees to whom the grievance process applies. (3) The Board may authorize an employer to communicate to employees the information required by subsection (1) by a means other than posting notices, if by that means, the information is most likely to come to the attention of the employees to whom the grievance process applies.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 70
70 (1) An employer shall prepare a grievance form that sets out the following information to be given 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 a reference to the provision of a statute or of a regulation, by-law, direction or other instrument made or issued by the employer and dealing with the terms and conditions of employment, or to the provision of a 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 date on which each act or omission or other matter giving rise to the grievance occurred; and (d) the corrective action requested by the aggrieved employee. (2) The Board may approve a grievance form referred to in subsection (1) where the form sets out the information to be provided by that subsection, and may require, either before or after approving the form, that the employer amend the form in order to ensure that the contents of the form are consistent with the objects of the Act. (3) Where the Board has approved a grievance form referred to in subsection (1) or required the amendment of a form in accordance with subsection (2), the employer shall make copies thereof available to all employees to whom the grievance process applies.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 71
71 (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.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 72
72 (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.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 73
73 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.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 74
74 (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.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 75
75 (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.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 76
76 (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
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 77
77 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.
P.S.S.R.B. Regulations and Rules of Procedure, 1993 — 78
78 (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.