Parliamentary Employment and Staff Relations Act — P-1.3 3
peakers of the two Houses of Parliament, or (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; ( employeur ) grievance means a complaint in writing presented in accordance with this Part by an employee on his own behalf or on behalf of the employee and one or more other employees, except that (a) for the purposes of any of the provisions of this Part respecting grievances, a reference to an “employee” includes a person who would be an employee but for the fact that the person is a person employed in a managerial or confidential capacity, and (b) for the purposes of any of the provisions of this Part respecting grievances with respect to action resulting in termination or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s termination or suspension, the person was a person employed in a managerial or confidential capacity; ( grief ) member , in respect of a member of the Board, includes a full-time member and a part-time member; ( commissaire ) parties means (a) in relation to collective bargaining, arbitration or a dispute, an employer and a bargaining agent, and (b) in relation to a grievance, an employer and the employee who presented the grievance; ( parties ) person employed in a managerial or confidential capacity means any person who (a) is employed in a position confidential to the person occupying the recognized position of Speaker of the Senate, Speaker of the House of Commons, Clerk of the Senate, Clerk of the House of Commons, Administrator of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of either House, (b) is employed as parliamentary counsel in either House or as legal counsel to a committee of either or both Houses, or (c) is employed by an employer and, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board, or, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in prescribed manner by the employer or by the Board on objection thereto by the bargaining agent, to be a person (i) who has executive duties and responsibilities in relation to the development and administration of employer programs, (ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer, (iii) who is required by reason of the duties and responsibilities of that person to deal formally on behalf of the employer with a grievance presented in accordance with the grievance process provided by this Part, (iv) who is employed in a position confidential to any person described in paragraph (b) or subparagraph (i), (ii) or (iii), or (v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who, in the opinion of the Board, should not be included in a bargaining unit by reason of his duties and responsibilities to the employer; ( personne occupant un poste de direction ou de confiance ) prescribed means prescribed by regulation of the Board; ( règlement et réglementaire ) strike includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down of work or other concerted activity on the part of employees designed to restrict or limit output; ( grève ) Vice-Chairman [Repealed, 2003, c. 22, s. 182] Vice-Chairperson means a Vice-Chairperson of the Board. ( vice-président ) R.S., 1985, c. 33 (2nd Supp.), s. 3, c. 1 (4th Supp.), s. 31; 1992, c. 1, s. 144(F); 2003, c. 22, ss. 182, 187(E); 2004, c. 7, s. 33; 2006, c. 9, s. 31; 2013, c. 40, s. 425; 2015, c. 36, s. 141; 2017, c. 9, s. 45, c. 20, s. 176