GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parliamentary Employment and Staff Relations Regulations — 66
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.
Parliamentary Employment and Staff Relations Regulations — 67
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 Board 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 Board 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. SOR/2005-80, s. 7; SOR/2014-252, s. 35
Parliamentary Employment and Staff Relations Regulations — 68
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.
Parliamentary Employment and Staff Relations Regulations — 69
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  Board 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. SOR/2005-80, ss. 6(E), 7; SOR/2014-252, s. 35
Parliamentary Employment and Staff Relations Regulations — 70
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 Board 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. SOR/91-462, s. 10(F); SOR/2005-80, s. 7; SOR/2014-252, s. 35
Parliamentary Employment and Staff Relations Regulations — 71
71 (1) If an employee requests the establishment of a board of adjudication under subsection 66(1) of the Act, the Board shall serve notice of the request on the employer. (2) An employer shall file with the Board 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. SOR/2005-80, s. 7; SOR/2014-252, ss. 23, 35
Parliamentary Employment and Staff Relations Regulations — 72
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 Board 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 Board 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 Board 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. SOR/2005-80, ss. 7, 9(E); SOR/2014-252, s. 35
Parliamentary Employment and Staff Relations Regulations — 73
73 If the Board, the adjudicator concerned or a board of adjudication determines that a hearing shall be held, the Board shall serve the aggrieved employee and the employer with a notice of hearing. SOR/91-462, s. 11; SOR/2005-80, s. 7; SOR/2014-252, s. 24
Parliamentary Employment and Staff Relations Regulations — 74
74 (1) The Board, adjudicator concerned or chairperson of a board of adjudication may, by notice, require a party to file with the Board 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 Board shall, on receipt of a statement filed pursuant to subsection (1), serve a copy of the statement on each of the other parties. SOR/2005-80, ss. 7, 9(E); SOR/2014-252, s. 35
Parliamentary Employment and Staff Relations Regulations — 75
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 Board 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) if a hearing is to be held, a notice of hearing. (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 Board 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. SOR/2005-80, s. 7; SOR/2014-252, ss. 25, 35
Parliamentary Employment and Staff Relations Regulations — 76
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.
Parliamentary Employment and Staff Relations Regulations — 77
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 the day on which they are served with a decision under subsection (1), file with the Board a request that it 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) If a request for review is filed with the Board, 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 Board’s opinion, may be affected by the grievance with a notice of hearing to show cause why the grievance should be heard; or (c) confirm in writing its decision dismissing the grievance. SOR/2005-80, s. 7; SOR/2014-252, s. 26
Parliamentary Employment and Staff Relations Regulations — 78
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 Board two copies of a notice in Form 17. (2) The Board 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 Board a statement of its position. (4) Where a statement is filed pursuant to subsection (3), the Board shall serve a copy of the statement on the party that filed the notice pursuant to subsection (1). (5) After the time fixed under subsection (3) for the filing of a statement of position has expired, the Board may serve a notice of hearing of the reference on the parties. SOR/2005-80, s. 7; SOR/2014-252, ss. 27, 35
Parliamentary Employment and Staff Relations Regulations — 79
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.
Parliamentary Employment and Staff Relations Regulations — 80
80 (1) An application for consent from the Board to institute prosecution shall be filed with the Board 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) On receipt of the application, the Board shall serve each respondent with a copy of the application and a copy of any statutory declaration or statement made under oath or affirmation filed under subsection (1) that is applicable to that respondent. SOR/91-462, s. 12(E); SOR/2005-80, s. 7; SOR/2014-252, s. 28
Parliamentary Employment and Staff Relations Regulations — 81
81 Each respondent shall, within 10 days after being served pursuant to subsection 80(2), file with the Board the respondent’s reply thereto. SOR/2005-80, s. 7; SOR/2014-252, s. 35
Parliamentary Employment and Staff Relations Regulations — 82
82 On receipt of a reply pursuant to section 81, the Board shall serve a copy thereof on the applicant. SOR/2005-80, s. 7; SOR/2014-252, s. 35
Parliamentary Employment and Staff Relations Regulations — 83
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.
Parliamentary Employment and Staff Relations Regulations — 84
84 If the Board determines that a hearing is to be held, it shall serve a notice of hearing on the parties. SOR/2005-80, s. 7; SOR/2014-252, s. 29
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
Before the Federal Public Sector Labour Relations and Employment Board
Parliamentary Employment and Staff Relations Regulations — NOTICE:
NOTICE: Information relating to the proceedings is subject to the Board’s Policy on Openness and Privacy . In accordance with that policy, the Board conducts its hearings in public, except in exceptional circumstances. It also provides public access to case files and posts its decisions electronically on its website. The Board’s Policy on Openness and Privacy is posted on the Board’s website.
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
( if necessary, attach additional pages of same size of paper )
Parliamentary Employment and Staff Relations Regulations — 1
1 Complainant, name and address: Respondent, name and address:
Parliamentary Employment and Staff Relations Regulations — 2
2 The complainant complains that * (a) the employer, * (b) a person acting on behalf of the employer, * (c) an employee organization, * (d) a person acting on behalf of an employee organization, * Strike out items not applicable. has failed to: ( state nature of failure complained of, specifying relevant section of the Act, provision of arbitral award, decision of adjudicator or regulation respecting grievances )
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
* (b) a person acting on behalf of the employer,
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
* (d) a person acting on behalf of an employee organization,
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
has failed to: ( state nature of failure complained of, specifying relevant section of the Act, provision of arbitral award, decision of adjudicator or regulation respecting grievances )
Parliamentary Employment and Staff Relations Regulations — 3
3 The complainant requests that the Board issue the following order: ( state relief sought under subsection 13(2) of the Act )
Parliamentary Employment and Staff Relations Regulations — 4
4 The following is a concise statement of each act or omission complained of: ( Give dates and names of persons involved )
Parliamentary Employment and Staff Relations Regulations — 5
5 The following steps have been taken by or on behalf of the complainant for the adjustment of the matters giving rise to the complaint:
Parliamentary Employment and Staff Relations Regulations — NOTE:
NOTE: Failure to complete this form by setting out all the particulars may cause delay in the processing of this complaint.
Parliamentary Employment and Staff Relations Regulations — 1
1 Applicant, name and address: Employer, name and address:
Parliamentary Employment and Staff Relations Regulations — 2
2 If the applicant is a council of employee organizations, state the name and address of each constituent employee organization:
Parliamentary Employment and Staff Relations Regulations — 3
3 Detailed description of the unit of employees of the employer that the applicant proposes as appropriate for collective bargaining:
Parliamentary Employment and Staff Relations Regulations — 4
4 The grounds on which the applicant intends to rely in support of its proposal that the bargaining unit described in section 3 is appropriate:
Parliamentary Employment and Staff Relations Regulations — 5
5 Estimated number of employees in the proposed bargaining unit:
Parliamentary Employment and Staff Relations Regulations — 6
6 The name and address of any employee organization that has been certified as bargaining agent for any of the employees in the unit proposed in section 3:
Parliamentary Employment and Staff Relations Regulations — 7
7 Other matters considered relevant in support of this application:
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
Dated at , this day of , 20 and signed on behalf of the applicant by,
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
( office held in employee organization )
Parliamentary Employment and Staff Relations Regulations — NOTE:
NOTE: Your attention is drawn to section 36 of the Parliamentary Employment and Staff Relations Regulations . Subsection 36(1) provides that an application for certification shall be accompanied by the documentary evidence on which the applicant intends to rely in whole or in part to satisfy the Board that a majority of employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent. Subsection 36(2) provides that any documentary evidence that does not accompany the application shall be filed on or before the terminal date.
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
I declare that the answers and information contained in this application are true in substance and in fact. I further declare that I have been duly authorized to make this application. I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act.
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
Declared by before me at , in the County of , in the Province of , this day of , 20
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
before me at , in the County of , in the Province of , this day of , 20
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
( to be declared before a Commissioner for taking affidavits or any other person authorized by law to administer an oath )
Parliamentary Employment and Staff Relations Regulations — 1
1 Applicant, name: Employer, name and address:
Parliamentary Employment and Staff Relations Regulations — 2
2 Indicate the total number of persons in the proposed bargaining unit as described in the application:
Parliamentary Employment and Staff Relations Regulations — 3
3 If you propose a bargaining unit different from the one proposed by the applicant, (a) provide a detailed description of the unit of employees that you propose as appropriate for collective bargaining; (b) provide the grounds on which you intend to rely to show that the bargaining unit described in the application is not appropriate or that the bargaining unit proposed in paragraph (a) is more appropriate than the one proposed by the applicant; and (c) indicate the total number of persons in the bargaining unit proposed in paragraph (a).
Parliamentary Employment and Staff Relations Regulations — (a)
(a) provide a detailed description of the unit of employees that you propose as appropriate for collective bargaining;
Parliamentary Employment and Staff Relations Regulations — (b)
(b) provide the grounds on which you intend to rely to show that the bargaining unit described in the application is not appropriate or that the bargaining unit proposed in paragraph (a) is more appropriate than the one proposed by the applicant; and
Parliamentary Employment and Staff Relations Regulations — (c)
(c) indicate the total number of persons in the bargaining unit proposed in paragraph (a).
Parliamentary Employment and Staff Relations Regulations — 4
4 If a proposed bargaining unit described by the applicant or by the employer under paragraph 3(a) consists in whole or in part of employees for whom no employee organization is certified as the bargaining agent, indicate which, if any, of those employees you claim should be excluded from the proposed bargaining unit because you consider them to be persons employed in a managerial or confidential capacity.
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
Dated at , this day of , 20 , and signed on behalf of the employer by
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
( if necessary, attach additional pages of same size of paper) )
Parliamentary Employment and Staff Relations Regulations — 1
1 Applicant, name: Employer, name: Intervener, name and address:
Parliamentary Employment and Staff Relations Regulations — 2
2 The intervener claims to represent ( insert number ) employees in the bargaining unit described in the application.
Parliamentary Employment and Staff Relations Regulations — 3
3 The intervener intends to make the following submission at any hearing that may be directed to be held by the Board in the proceeding:
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
Dated at , this day of , 20 , and signed on behalf of the intervener by
Parliamentary Employment and Staff Relations Regulations — NOTE:
NOTE: The intervener’s attention is directed to subsection 27(1) of the Parliamentary Employment and Staff Relations Regulations , which states: “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 Board in triplicate, not later than the terminal date fixed for the application pursuant to paragraph 20(b), an intervener’s application in Form 8.”
Parliamentary Employment and Staff Relations Regulations — Parliamentary Employment and Staff Relations Regulations
“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 Board in triplicate, not later than the terminal date fixed for the application pursuant to paragraph 20(b), an intervener’s application in Form 8.”
Parliamentary Employment and Staff Relations Regulations — 2
2 If the intervener is a council of employee organizations, state the name and address of each constituent employee organization:
Parliamentary Employment and Staff Relations Regulations — 3
3 (a) Detailed description of the unit of employees of the employer that the intervener proposes as appropriate for collective bargaining: (b) Estimated number of employees within the proposed bargaining unit referred to in paragraph (a):
Parliamentary Employment and Staff Relations Regulations — (b)
(b) Estimated number of employees within the proposed bargaining unit referred to in paragraph (a):
Parliamentary Employment and Staff Relations Regulations — 4
4 If you propose a bargaining unit different from the bargaining unit proposed by the applicant, indicate the grounds on which you intend to rely to show that the bargaining unit described in the application of the applicant is not appropriate or that the bargaining unit you propose is more appropriate than the bargaining unit proposed by the applicant:
Parliamentary Employment and Staff Relations Regulations — 5
5 Other matters considered relevant in support of this application: