Vol. 148, No. 24 — November 19, 2014

Registration

SOR/2014-252 November 3, 2014

PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD ACT
PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT

Regulations Amending the P.E.S.R.A. Regulations and Rules of Procedure

The Public Service Labour Relations and Employment Board, pursuant to section 36 of the Public Service Labour Relations and Employment Board Act (see footnote a) and subsection 12(1) (see footnote b) and section 71 of the Parliamentary Employment and Staff Relations Act (see footnote c), makes the annexed Regulations Amending the P.E.S.R.A. Regulations and Rules of Procedure.

Ottawa, November 2, 2014

CATHERINE EBBS
Chairperson of the Public Service Labour Relations and
Employment Board

REGULATIONS AMENDING THE P.E.S.R.A. REGULATIONS AND RULES OF PROCEDURE

AMENDMENTS

1. The long title of the P.E.S.R.A. Regulations and Rules of Procedure (see footnote 1) is replaced by the following:

PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS REGULATIONS

2. Section 1 of the Regulations and the heading before it are repealed.

3. (1) The definition “Executive Director” in subsection 2(1) of the Regulations is repealed.

(2) The definition “personne” in subsection 2(1) of the French version of the Regulations is replaced by the following:

« personne » S’entend notamment de l’organisation syndicale, du regroupement d’organisations syndicales ou de l’employeur. (person)

4. (1) The heading before section 3 of the French version of the Regulations is replaced by the following:

DÉPÔT DE DOCUMENTS

(2) Section 3 of the Regulations is replaced by the following:

3. (1) For the purposes of these Regulations, a document is deemed to be filed with the Board at the time it is received by the Board or, if it is sent by registered mail addressed to the Board, at the time it is sent.

(2) However, if a document is received by the Board after 4 p.m. Ottawa local time, the document is deemed to be filed with the Board on the next business day.

5. Subsection 4(2) of the Regulations is replaced by the following:

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

6. (1) The portion of subsection 11(7) of the Regulations before paragraph (a) is replaced by the following:

(7) If a request for review is filed with the Board, the Board shall

(2) Paragraph 11(7)(b) of the Regulations is replaced by the following:

7. Section 12 of the Regulations is repealed.

8. Section 18 of the Regulations is replaced by the following:

18. (1) The Board shall serve the complainant with a copy of the reply, if any, filed by the respondent under section 17.

(2) After the time limit to file a reply has expired, the Board may serve each of the parties with a notice of hearing.

9. The definitions “application” and “terminal date” in section 19 of the Regulations are replaced by the following:

“application” means an application for certification of a bargaining agent for a bargaining unit made under section 18 or 19 of the Act. (demande)

“terminal date” means the day fixed by the Board, in accordance with paragraph 20(b), as the day by which specified actions with respect to an application shall be taken by the parties. (date limite)

10. Paragraph 20(b) of the Regulations is replaced by the following:

11. Section 23 of the Regulations is replaced by the following:

23. (1) The Board shall serve the employer with as many copies of the notice of the application as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

(2) On receiving the copies, the employer shall immediately post them in conspicuous places where they are most likely to come to the attention of employees who may be affected by the application and leave them posted until the terminal date.

(3) Immediately after the terminal date, the employer shall file with the Board a statement that they have complied with subsection (2).

12. Section 25 of the Regulations is replaced by the following:

25. The Board shall serve a copy of the application on each employee organization that it knows is claiming to represent any employees who may be affected by the application.

13. Section 33 of the Regulations is replaced by the following:

33. An applicant or intervener that is served by the Board with a copy of a list in accordance with subsection 32(2) shall, within 10 days after the day on which they are served, file with the Board a statement that, in respect of each person whose name appears on the list, sets out whether they agree with the claims of the employer.

14. Section 37 of the Regulations is replaced by the following:

37. If the Board decides to hold a hearing, it shall serve a notice of hearing on each party and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

15. The heading of Part IV of the French version of the Regulations is replaced by the following:

PROCÉDURE DE RÉVOCATION DE L’ACCRÉDITATION

16. Section 40 of the Regulations is replaced by the following:

40. The following definitions apply in this Part.

“application” means an application for revocation of certification of a bargaining agent made under section 29 of the Act. (demande)

“terminal date” means the day fixed by the Board, in accordance with paragraph 20(b), as the day by which specified actions with respect to an application shall be taken by the parties. (date limite)

17. Section 44 of the Regulations is replaced by the following:

44. (1) If an application is made, the Board shall

(2) The Board shall serve the employer with as many copies of the notice of the application as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

(3) On receiving the copies, the employer shall immediately post them in conspicuous places where they are most likely to come to the attention of employees who may be affected by the application and leave them posted until the terminal date.

(4) Immediately after the terminal date, the employer shall file with the Board a statement that they have complied with subsection (3).

18. Section 48 of the Regulations is replaced by the following:

48. If the Board decides to hold a hearing, it shall serve a notice of hearing on each party and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

19. Subsection 51(2) of the Regulations is replaced by the following:

(2) If a party files a notice under subsection (1), the Board shall provide the other party with a copy of that notice and the other party shall, within seven days after the day on which it receives the copy, file with the Board five copies of its proposals, if any, concerning the award to be made by the Board in respect of the additional matters raised in the notice.

20. Subsection 52(1) of the Regulations is replaced by the following:

52. (1) If a party who is entitled under section 51 of the Act to request arbitration of an additional matter does not make a request, the party shall, within seven days after the day on which it receives the notice referred to in section 50, file with the Board five copies of its 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.

21. Section 54 of the Regulations is replaced by the following:

54. After the time to file proposals referred to in subsection 51(1) or (2) or 52(1) has expired, each party shall, on the date fixed by the Board, file with the Board six copies of a memorandum of points to be argued by that party together with six copies of the material in support of those points that the party wishes the Board to consider in rendering the award.

22. Section 56 of the Regulations is replaced by the following:

56. The Board shall serve the parties with a notice of hearing.

23. Subsection 71(1) of the Regulations is replaced by the following:

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.

24. Section 73 of the Regulations is replaced by the following:

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.

25. (1) Paragraph 75(1)(b) of the Regulations is replaced by the following:

(2) Paragraph 75(2)(b) of the French version of the Regulations is replaced by the following:

26. (1) Subsection 77(4) of the Regulations is replaced by the following:

(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.

(2) The portion of subsection 77(6) of the Regulations before paragraph (a) is replaced by the following:

(6) If a request for review is filed with the Board, the Board shall

(3) Paragraph 77(6)(b) of the Regulations is replaced by the following:

27. (1) Subsection 78(1) of the Regulations is replaced by the following:

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) Subsection 78(5) of the Regulations is replaced by the following:

(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.

28. Section 80 of the Regulations is replaced by the following:

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.

29. Section 84 of the Regulations is replaced by the following:

84. If the Board determines that a hearing is to be held, it shall serve a notice of hearing on the parties.

30. The schedule to the Regulations is amended by replacing the references after the heading “ SCHEDULE” with the following:

(Sections 15, 16, 21, 24 and 26, subsection 27(1), sections 42, 45 and 50 and subsections 51(1), 67(1), 78(1) and 80(1))

31. Forms 1 to 4 of the schedule to the Regulations are replaced by the Forms 3 and 4 set out in Schedule 1 to these Regulations.

32. Forms 5 to 9 of the schedule to the Regulations are replaced by the Forms 6 to 9 set out in Schedule 2 to these Regulations.

33. Forms 10 to 14 of the schedule to the Regulations are replaced by the Forms 11 to 14 set out in Schedule 3 to these Regulations.

34. Forms 15 to 19 of the schedule to the Regulations are replaced by the Forms 17 and 18 set out in Schedule 4 to these Regulations.

35. The Regulations are amended by replacing “Executive Director” with “Board” in the following provisions:

COMING INTO FORCE

36. These Regulations come into force on the day on which they are published in the Canada Gazette.

SCHEDULE 1
(Section 31)

FORM 3

(Sections 15 and 16)

Parliamentary Employment and Staff Relations Act

COMPLAINT UNDER SECTION 13 OF THE ACT

Before the Public Service Labour Relations and Employment Board

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.

(if necessary, attach additional pages of same size of paper)

  1. Complainant, name and address:
    Respondent, name and address:
  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)
  3. The complainant requests that the Board issue the following order: (state relief sought under subsection 13(2) of the Act)
  4. The following is a concise statement of each act or omission complained of: (Give dates and names of persons involved)
  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:
  6. Other matters considered relevant:

Dated at ....................., this ............... day of ...................... , 20....

______________________
(signature of complainant)

NOTE: Failure to complete this form by setting out all the particulars may cause delay in the processing of this complaint.

FORM 4

(Section 21)

Parliamentary Employment and Staff Relations Act

APPLICATION FOR CERTIFICATION

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper)

  1. Applicant, name and address:
    Employer, name and address:
  2. If the applicant is a council of employee organizations, state the name and address of each constituent employee organization:
  3. Detailed description of the unit of employees of the employer that the applicant proposes as appropriate for collective bargaining:
  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:
  5. Estimated number of employees in the proposed bargaining unit:
  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:
  7. Other matters considered relevant in support of this application:

Dated at ....................., this ............... day of ......................, 20 .... and signed on behalf of the applicant by,

_______________________________
(signature)

_______________________________
(office held in employee organization)

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.

DECLARATION

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.

Declared by

................................................................

before me at ........................., in the County of .................., in the

Province of .........................., this day of ........................., 20......

___________________________________
(signature)

___________________________________
Commissioner or other authorized person

(to be declared before a Commissioner for taking affidavits or any other person authorized by law to administer an oath)

SCHEDULE 2
(Section 32)

FORM 6

(Section 24)

Parliamentary Employment and Staff Relations Act

REPLY BY EMPLOYER TO APPLICATION FOR CERTIFICATION

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper)

  1. Applicant, name:
    Employer, name and address:
  2. Indicate the total number of persons in the proposed bargaining unit as described in the application:
  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).
  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.
  5. Other matters considered relevant:

Dated at ....................., this ............... day of ...................... , 20...., and signed on behalf of the employer by

___________________
(signature)

FORM 7

(Section 26)

Parliamentary Employment and Staff Relations Act

INTERVENTION

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper))

  1. Applicant, name:
    Employer, name:
    Intervener, name and address:
  2. The intervener claims to represent (insert number)....... employees in the bargaining unit described in the application.
  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:

Dated at ....................., this ............... day of ......................, 20...., and signed on behalf of the intervener by

___________________
(signature)

_______________________________
(office held in employee organization)

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.”

FORM 8

(Subsection 27(1))

Parliamentary Employment and Staff Relations Act

APPLICATION FOR CERTIFICATION BY INTERVENER

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper)

  1. Applicant, name:
    Employer, name:
    Intervener, name and address:
  2. If the intervener is a council of employee organizations, state the name and address of each constituent employee organization:
  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):
  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:
  5. Other matters considered relevant in support of this application:

Dated at ....................., this ............... day of ......................, 20...., and signed on behalf of the intervener by

___________________
(signature)

_______________________________
(office held in employee organization)

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 or intervener 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 or the intervener 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.

DECLARATION

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.

Declared by

....................................................

before me at ........................., in the County of ......................, in the Province of .............................., this ............... day of ...................., 20....

___________________
(signature)

__________________________________
Commissioner or other authorized person

(to be declared before a Commissioner for taking affidavits or any other person authorized by law to administer an oath)

FORM 9

(Section 42)

Parliamentary Employment and Staff Relations Act

APPLICATION FOR REVOCATION OF CERTIFICATION

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper)

  1. Applicant, name and address:
    Bargaining agent, name and address:
  2. * Employer, name and address:
    * Strike out if applicant is employer
  3. (a) Description of the unit of employees for which the bargaining agent was certified:
    (b) Approximate number of employees in the bargaining unit described in paragraph (a):
  4. The section of the Parliamentary Employment and Staff Relations Act under which the applicant claims the certification of the bargaining agent should be revoked:
  5. If the application is made under section 30, 31 or 32 of the Act, a summary of the grounds on which the applicant intends to rely in support of the applicant’s claim that the certification of the bargaining agent should be revoked giving sufficient particulars to enable the bargaining agent to know the case it will be called upon to meet:

Dated at ....................., this ............... day of ......................, 20....

___________________
(signature)

NOTE: Your attention is drawn to section 43 of the Parliamentary Employment and Staff Relations Regulations. Subsection 43(1) provides that an application for revocation of 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 the bargaining agent no longer represents a majority of the employees in the bargaining unit. Subsection 43(2) provides that any documentary evidence that does not accompany an the application shall be filed on or before the terminal date.

DECLARATION

I declare that the answers and information contained in this application are true in substance and in fact. 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.

Declared by .................................................... before me at ........................., in the County of ......................, in the Province of ............................., this ........ day of ...................., 20....

___________________
(signature)

__________________________________
Commissioner or other authorized person

(to be declared before a Commissioner for taking affidavits or any other person authorized by law to administer an oath)

SCHEDULE 3
(Section 33)

FORM 11

(Section 45)

Parliamentary Employment and Staff Relations Act

REPLY TO APPLICATION FOR REVOCATION OF CERTIFICATION

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper)

  1. Applicant, name:
  2. Bargaining agent, name and address:
  3. Employer, name and address:
  4. Estimate the total number of employees in the bargaining unit described in the application:
  5. State the date of certification of the bargaining agent for the bargaining unit described in the application:
  6. Enclose a copy of any collective agreement or arbitral award affecting the employees in the bargaining unit:
  7. Other matters considered relevant:

Dated at ....................., this ............... day of ......................, 20....

*___________________________
(signature for bargaining agent)

*___________________________
(signature for employer)

* Strike out words that are not applicable

FORM 12

(Section 50)

Parliamentary Employment and Staff Relations Act

NOTICE OF REQUEST FOR ARBITRATION UNDER SECTION 50 OF THE ACT

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper))

  1. Name and address of the party requesting arbitration:
  2. Name and address of the other party to the dispute:
  3. The bargaining unit in respect of which the request is made:
  4. The date on which notice to commence bargaining collectively was given under section 37 of the Act:
  5. Describe the steps that have been taken, including the dates of meetings that have been held, and the progress that has been made in collective bargaining following the giving of notice to commence bargaining:
  6. Specify the terms and conditions of employment in respect of which arbitration is requested:
  7. State your proposals concerning the award to be made by the Board with respect to the terms and conditions of employment specified in section 6:
  8. Attach a copy of any collective agreement entered into by the parties.

Dated at ....................., this ............... day of ......................, 20....

___________________
(signature)

NOTE: Under section 53 of the Parliamentary Employment and Staff Relations Regulations, proposals filed in accordance with section 51 or 52 of those Regulations must be filed in both official languages on or before the date set for the hearing of the request for arbitration.

FORM 13

(Subsection 51(1))

Parliamentary Employment and Staff Relations Act

NOTICE OF REQUEST FOR ARBITRATION OF ADDITIONAL MATTERS UNDER SECTION 51 OF THE ACT

Before the Public Service Labour Relations and Employment Board

(if necessary, attach additional pages of same size of paper))

  1. Name of the party requesting arbitration:
  2. Name of the other party to the dispute:
  3. The bargaining unit in respect of which the request is made:
  4. Specify the terms and conditions of employment that are additional to those specified in Form 12 in respect of which arbitration is requested:
  5. State your proposals concerning the award to be made by the Board with respect to the additional terms and conditions of employment specified in section 4:
  6. State your proposals concerning the award to be made by the Board with respect to the terms and conditions of employment specified in section 6 of Form 12:

Dated at ....................., this ............... day of ......................, 20....

___________________
(signature)

FORM 14

(Subsection 67(1))

Parliamentary Employment and Staff Relations Act

REFERENCE TO ADJUDICATION

Before the Public Service Labour Relations and Employment Board

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.

PART 1

(TO BE COMPLETED IN ALL CASES)

I, the undersigned, refer a grievance to adjudication under section 63 of the Parliamentary Employment and Staff Relations Act. The particulars are as follows:

1. LAST OR FAMILY NAME (print in block letters)

Mr.

Mrs.

Miss

Ms.

2. FIRST NAME

3. HOME ADDRESS (no., street, city, province)

4. HOME PHONE NO.

5. EMPLOYER

6. LOCATION

7. BRANCH OR DIVISION

8. SECTION OR UNIT

9. JOB TITLE

10. JOB CLASSIFICATION

11. (a) Exact date on which the grievance was presented at the first level of the grievance process:

(b) Exact date on which the grievance was presented at the final level of the grievance process:

12. Exact date on which the employer served on you a reply, if any, at the final level of the grievance process:

(ATTACH A COPY OF THE ORIGINAL GRIEVANCE)

PART 2

(COMPLETE ONLY IF GRIEVANCE DOES NOT RELATE TO THE INTERPRETATION OR APPLICATION OF A COLLECTIVE AGREEMENT OR ARBITRAL AWARD)

Indicate the applicable paragraph of subsection 63(1) of the Parliamentary Employment and Staff Relations Act under which the grievance is being referred to adjudication:

63(1)(b) disciplinary action resulting in suspension or a financial penalty

63(1)(c) termination of employment

63(1)(d) demotion

63(1)(e) denial of appointment

63(1)(f) classification

NOTE: You do not require the approval or support of your bargaining agent, if any.

You may be represented by your bargaining agent or, if you have no bargaining agent, by any employee organization willing to represent you, or by counsel or other person, or you may represent yourself.

13. NAME, ADDRESS AND PHONE NUMBER OF YOUR REPRESENTATIVE, IF ANY:

Dated at ....................., this ............... day of ......................, 20....

_______________________________
(signature of aggrieved employee)

PART 3

(TO BE COMPLETED ONLY IF THE GRIEVANCE RELATES TO THE INTERPRETATION OR APPLICATION OF A COLLECTIVE AGREEMENT OR ARBITRAL AWARD)

NOTE: A grievance relating to the interpretation or application of a collective agreement or arbitral award may not be referred to adjudication without the approval and representation of your bargaining agent.

14. NAME OF BARGAINING AGENT:

Dated at ....................., this ............... day of ......................, 20....

_______________________________
(signature of aggrieved employee)

15. APPROVAL OF BARGAINING AGENT (TO BE COMPLETED BY AUTHORIZED REPRESENTATIVE OF BARGAINING AGENT)

ON BEHALF OF THE BARGAINING AGENT, I APPROVE OF THE REFERENCE OF THIS GRIEVANCE TO ADJUDICATION AND STATE THAT THE BARGAINING AGENT IS WILLING TO REPRESENT THE EMPLOYEE IN THE ADJUDICATION PROCEEDINGS

DATE ........................................

_______________________________
(signature of authorized representative
of bargaining agent)

_______________________________
(office held by authorized
representative of bargaining agent)

PART 4

ESTABLISHMENT OF A BOARD OF ADJUDICATION

The Act provides that a “board of adjudication” may be established, at the expense of the parties, only if the employee so requests and if the employer has no objection. That is the effect of certain provisions in sections 65, 66 and 69 of the Act.

NOTE: If you request that a “board of adjudication” be established, please state the name and address of your nominee (provided that the nominee has no direct interest in the grievance and provided also that the nominee is willing to serve) and sign below.

NAME, ADDRESS AND PHONE NUMBER OF YOUR NOMINEE:

Dated at ....................., this ............... day of ......................, 20....

_______________________________
(signature of aggrieved employee)

SCHEDULE 4
(Section 34)

FORM 17

(Subsection 78(1))

Parliamentary Employment and Staff Relations Act

REFERENCE UNDER SECTION 70 OF THE ACT

Before the Public Service Labour Relations and Employment Board

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.

(if necessary, attach additional pages of same size of paper))

  1. Bargaining agent, name and address:
    Employer, name and address:
  2. The employer and the bargaining agent
    • *(a) have executed the collective agreement
    • *(b) are bound by the arbitral award
    • a copy of which is attached to this reference.
    • * Strike out words that are not applicable
  3. The *employer *bargaining agent seeks to enforce the following obligation that is alleged to arise out of the *collective agreement: 9arbitral award:
    * Strike out words that are not applicable
    ..........................................................................................................
    (state nature of obligation and include a reference to the relevant articles of the collective agreement or arbitral award)
    ..........................................................................................................
  4. It is alleged that there has been a failure to observe or to carry out the stated obligation, the particulars of which are as follows:
    .....................................................................................................
     (state particulars, including dates of the acts or omissions that are alleged to be contrary to the stated obligation)

Dated at ....................., this ............... day of ......................, 20....

___________________
(signature)

FORM 18

(Subsection 80(1))

Parliamentary Employment and Staff Relations Act

APPLICATION FOR CONSENT TO INSTITUTE PROSECUTION

Before the Public Service Labour Relations and Employment Board

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.

(if necessary, attach additional pages of same size of paper)

  1. Applicant, name and address:
    Respondent, name and address:
  2. Describe the nature of the offence alleged or the prohibition alleged not to have been observed:
  3. Indicate the section of the Act alleged to have been contravened:
  4. Provide a summary of the material facts on which the applicant intends to rely to support this application:

Dated at ....................., this ............... day of ......................, 20.... and signed on behalf of the applicant by

___________________
(signature)

NOTE: Your attention is drawn to subsection 80(1) of the Parliamentary Employment and Staff Relations Regulations, which provides that an application for consent to institute prosecution 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.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Portions of the P.E.S.R.A. Regulations and Rules of Procedure relating to the Parliamentary Employment and Staff Relations Act and to matters arising before the previous Public Service Labour Relations Board (the PSLRB) needed to be changed due to the coming into force of certain provisions of the Economic Action Plan 2013 Act, No. 2 (the EAP 2013 Act No. 2) and of the Economic Action Plan 2014 Act, No. 1 (the EAP 2014 Act No. 1) on November 1, 2014.

Background

The EAP 2013 Act No. 2 and the EAP 2014 Act No. 1 make amendments to the Parliamentary Employment and Staff Relations Act (PESRA). The effects of these statutory amendments include

Objectives

Changes to the P.E.S.R.A. Regulations and Rules of Procedure in relation to matters under PESRA are being passed to ensure as smooth a transition as possible with the coming into force of certain changes in the EAP 2013 Act No. 2, including the PSLREB Act (Division 18 of the EAP 2013 Act No. 2) and with the coming into force of the ATSSC Act (Division 29 of the EAP 2014 Act No. 1). The amendments will also ensure greater certainty and transparency in understanding the operational processes of the PSLREB in relation to the statutory changes to the PESRA.

Solution and legislative authority

Regulatory amendment is the most efficient manner in which to address these legislative changes. The amendments will foster both a smooth transition and greater certainty and transparency resulting from these statutory changes.

Section 12 of the PESRA provides the Board the authority to make regulations of general application. Subsections 71(1) and 71(3) of the PESRA provide the Board with the authority to make regulations in relation to the procedure for the presenting of grievances and adjudication of grievances respectively. The EAP 2013 Act No. 2 also confers on the PSLREB the power to make regulations in a number of areas, stating that the “Board may make regulations […]” In addition, the PSLREB Act gives the Board regulation-making power on any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions. A modification in subsection 12 of the PESRA, arising from the EAP 2013 Act No. 2, also states that the Board may make regulations on any other matter that is incidental or conducive to the attainment of the objects of Part I of the PESRA.

Key changes in matters governed by the P.E.S.R.A. Regulations and Rules of Procedure include the following:

Rationale, benefits and costs

The changes arising from the Regulations Amending the P.E.S.R.A. Regulations and Rules of Procedure (the Regulations) relate solely to the Board’s practices and procedures. They are minimal in nature and for the most part reflect only those changes that have been made to the PESRA as a result of the coming into force of the EAP 2013 Act No. 2 and the EAP 2014 Act No. 1, which will also include the consequent coming into force of the PSLREB Act and the ATSCC Act. The key objective of the amendments is to ensure a smooth transition in processes and procedures that affect stakeholders in relation to the changes made to the PESRA. It is expected that the amendments will address concerns of the stakeholders to the extent possible and that they will assist the parties and the Board in managing the transitions under the EAP 2013 Act No. 2, the PSLREB Act and the ATSCC Act more efficiently.

The Regulations themselves have no impact on federal revenues or resource allocations. Employers, bargaining agents and employees will need to familiarize themselves with the changes to the P.E.S.R.A. Regulations and Rules of Procedure, but there is no negative impact in the amendments themselves.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the Regulations, as there is no change in administrative costs related to the operations under the Parliamentary Employment and Staff Relations Act.

Consultation

The Web site of the previous Public Service Labour Relations Board provided information about the statutory changes arising from the EAP 2013 Act No. 2 and the EAP 2014 Act No. 1 following the passage of these statutes. Consultation with the stakeholders was initiated in September 2014 with a letter to major stakeholders to inform them of the need to make changes to the P.E.S.R.A. Regulations and Rules of Procedure to reflect changes that have come into force or would be coming into force with the EAP 2013 Act No. 2, the EAP 2014 Act No. 1, and the consequent enactment of the PSLREB Act and the ATSCC Act. A copy of the draft Regulations containing the proposed changes was sent to the Board’s stakeholders — employers and bargaining agents. The stakeholders were advised that one of the guiding principles was to bring only those minimum amendments that were necessary to ensure conformity with the new legislative framework pending the creation of the Board. They were also advised of the relatively tight time frame within which feedback was required in order to allow the Board time to carefully consider their views before finalizing the proposed amendments.

Implementation, enforcement and service standards

The Board will interpret and apply the Regulations in accordance with principles of statutory interpretation, and the principles established in the interpretation of the PESRA.

Coming into force

The Regulations come into force on the day that they are published in the Canada Gazette.

Contact

Sylvie Guilbert
Executive Director and General Counsel
Public Service Labour Relations and Employment Board
C.D. Howe Building
240 Sparks Street, West Tower, 6th Floor
P.O. Box 1525, Station B
Ottawa, Ontario
K1P 5V2
Telephone: 613-990-1830
Fax: 613-990-1849