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|
(c) requiring the employer or bargaining
agent, as the case may be, to interpret, apply
or administer the collective agreement or
arbitral award in a specified manner.
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| Decisions not
to be
reviewed by
court
|
233. (1) Every decision of an adjudicator is
final and may not be questioned or reviewed
in any court.
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| No review by
certiorari, etc.
|
(2) No order may be made, process entered
or proceeding taken in any court, whether by
way of injunction, certiorari, prohibition, quo
warranto or otherwise, to question, review,
prohibit or restrain an adjudicator in any of the
adjudicator's proceedings under this Part.
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| Filing of order
in Federal
Court
|
234. For the purpose of enforcing an
adjudicator's order, any person who was a
party to the proceedings that resulted in the
order being made may, after the day provided
in the order for compliance or, if no such day
is provided for, after 30 days have elapsed
since the day the order was made, file in the
Federal Court a copy of the order that is
certified to be a true copy, and an order so filed
becomes an order of that Court and may be
enforced as such.
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Expenses of Adjudication
|
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| Aggrieved
employee not
represented
by agent
|
235. (1) If an aggrieved employee is not
represented in the adjudication by a
bargaining agent, the costs of the adjudication
are to be borne by the Board.
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| Aggrieved
employee
represented
by agent
|
(2) If an aggrieved employee is represented
in the adjudication by a bargaining agent, the
bargaining agent is liable to pay and must
remit to the Board any part of the costs of the
adjudication that may be determined by the
Executive Director of the Board with the
approval of the Board.
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| Recovery
|
(3) Any amount that by subsection (2) is
payable to the Board by a bargaining agent
may be recovered as a debt due to Her Majesty
in right of Canada. The bargaining agent is
deemed to be a person for the purposes of this
subsection.
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|
|
|
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|
| Disputes
relating to
employment
|
236. (1) The right of an employee to seek
redress by way of grievance for any dispute
relating to his or her terms or conditions of
employment is in lieu of any right of action
that the employee may have in relation to any
act or omission giving rise to the dispute.
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| Application
|
(2) Subsection (1) applies whether or not
the employee avails himself or herself of the
right to present a grievance in any particular
case and whether or not the grievance could be
referred to adjudication.
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| Exception
|
(3) Subsection (1) does not apply in respect
of an employee of a separate agency that has
not been designated under subsection 209(3)
if the dispute relates to his or her termination
of employment for any reason that does not
relate to a breach of discipline or misconduct.
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|
|
|
|
| Regulations
|
237. (1) The Board may make regulations
respecting the processes for dealing with
grievances, including regulations concerning
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|
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(a) the manner and form of presenting a
grievance and, in the case of group
grievances, the form of the consent of the
employees concerned;
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|
|
(b) the maximum number of levels in each
grievance process;
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|
|
(c) the manner in which employees are to be
advised of the names of the persons whose
decision on a grievance constitutes a level
in the grievance process, including the final
level;
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|
|
(d) the time within which a grievance may
be presented at any level in a grievance
process;
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|
|
(e) the circumstances in which any level
below the final level in a grievance process
may be eliminated;
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|
|
(f) the manner in which and the time within
which a grievance may be referred to
adjudication after it has been presented up
to and including the final level in the
grievance process;
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|
|
(g) the establishment of rules of procedure
for the hearing of a grievance;
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|
|
(h) the specification of the time within
which and the persons to whom notices and
other documents must be sent or given
under this Part, and when the notices are
deemed to have been sent, given or
received; and
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|
|
(i) the manner of giving notice of an issue
to the Canadian Human Rights Commission
under this Part.
|
|
| Application of
regulations
|
(2) Regulations made under subsection (1)
respecting individual, group or policy
grievances do not apply in respect of
employees included in a bargaining unit for
which a bargaining agent has been certified by
the Board to the extent that the regulations are
inconsistent with any provisions contained in
a collective agreement entered into by the
bargaining agent and the employer applicable
to those employees.
|
|
| Regulations
|
238. The Board may make regulations
respecting
|
|
|
|
(a) the manner of giving notice under
subsection 223(1) and the time for making
objections under paragraph 223(2)(c); and
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|
|
(b) the manner in which and the time within
which boards of adjudication are to be
established.
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|
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|
|
|
|
|
|
|
| Meaning of
public service
|
239. In this Part, ``public service'' has the
same meaning as in subsection 11(1) of the
Financial Administration Act.
|
|
|
|
|
|
| Application to
public service
|
240. Part II of the Canada Labour Code
applies to and in respect of the public service
and persons employed in it as if the public
service were a federal work, undertaking or
business referred to in that Part except that, for
the purpose of that application,
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|
(a) any reference in that Part to
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|
(i) ``arbitration'' is to be read as a
reference to adjudication under Part 2,
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|
|
(ii) the ``Board'' is to be read as a
reference to the Public Service Labour
Relations Board,
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|
|
(iii) a ``collective agreement'' is to be
read as a reference to a collective
agreement within the meaning of
subsection 2(1),
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|
(iv) ``employee'' is to be read as a
reference to a person employed in the
public service, and
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|
|
(v) a ``trade union'' is to be read as a
reference to an employee organization
within the meaning of subsection 2(1);
|
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|
|
(b) section 156 of that Act does not apply in
respect of the Public Service Labour
Relations Board; and
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|
|
(c) the provisions of this Act apply, with any
modifications that the circumstances
require, in respect of matters brought before
the Public Service Labour Relations Board.
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|
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|
|
| Defect in
form or
irregularity
|
241. (1) No proceeding under this Act is
invalid by reason only of a defect in form or a
technical irregularity.
|
|
| Grievance
process
|
(2) The failure to present a grievance at all
required levels in accordance with the
applicable grievance process is not a defect in
form or a technical irregularity for the
purposes of subsection (1).
|
|
|
|
|
|
| Admissibility
|
242. Except in the case of a prosecution for
perjury,
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|
|
(a) testimony or proceedings before an
arbitration board are not admissible in
evidence in any court in Canada; and
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|
|
(b) reports of a public interest commission,
and testimony or proceedings before a
public interest commission, are not
admissible in evidence in any court in
Canada.
|
|
|
|
|
|
| Evidence
respecting
information
obtained
|
243. Members of the Board, members of
arbitration boards, members of public interest
commissions, mediators, adjudicators,
persons seized of referrals under subsection
182(1), persons employed by the Board and
persons engaged under subsection 50(1) are
not required to give evidence in any civil
action, suit or other proceeding respecting
information obtained in the discharge of
functions under this Act.
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|
| No disclosure
of notes and
drafts
|
244. The following may not be disclosed
without the consent of the person who made
them:
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|
|
|
(a) notes or draft orders or decisions of the
Board or any of its members or of an
adjudicator;
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|
|
|
(b) notes or draft reports of a mediator, a
public interest commission or a person
authorized or designated by the Board to
assist in resolving a complaint or issue in
dispute before the Board; and
|
|
|
|
(c) notes or a draft arbitral award of an
arbitration board.
|
|
| Criminal or
civil
proceedings
|
245. No criminal or civil proceedings lie
against a member of the Board, a member of
an arbitration board, a member of a public
interest commission, a mediator, an
adjudicator, a person seized of a referral under
subsection 182(1), a person employed by the
Board or a person engaged under subsection
50(1) for anything done, reported or said in
good faith in the course of the exercise or
performance or purported exercise or
performance of any power, duty or function
under this Act.
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|
|
|
|
|
| Oath or
solemn
affirmation
|
246. Before commencing his or her
functions, a person appointed under this Act
must take an oath or make a solemn
affirmation in the following form before a
commissioner of oaths or other person having
authority to administer oaths or solemn
affirmations:
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|
|
|
I, ...................., do swear (or solemnly affirm)
that I will faithfully, truly and impartially, to
the best of my judgment, skill and ability,
execute and perform the office of
.....................
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|
|
|
|
|
| Remuneration
and expenses
|
247. (1) Members of arbitration boards,
mediators, adjudicators, persons appointed
under subsection 53(2) and persons seized of
referrals under subsection 182(1) are entitled
to be paid the remuneration and expenses that
may be fixed by the Governor in Council.
|
|
| Remuneration
and expenses
|
(2) Members of public interest
commissions are entitled to be paid the
remuneration and expenses that may be fixed
by the Minister.
|
|
| Party to pay
|
(3) If a public interest commission consists
of three members, the remuneration and
expenses to be paid to the member of the
commission nominated, or deemed to be
nominated, by a party is to be paid by that
party.
|
|
|
|
|
|
| Payment of
witness fees
|
248. A person who is summoned by the
Board, an arbitration board, a public interest
commission or an adjudicator to attend as a
witness at any proceeding under this Act is
entitled to receive fees and allowances for so
attending equal to those to which the person
would be entitled if summoned to attend
before the Federal Court.
|
|
|
|
|
|
| Facilities and
human
resources
|
249. The Board must provide members of
arbitration boards, members of public interest
commissions, mediators, adjudicators and
persons seized of referrals under subsection
182(1) with the facilities and human resources
that it considers necessary to enable them to
carry out their functions under this Act.
|
|
|
|
|
|
| Application of
safety or
security
provisions
|
250. (1) Nothing in this Act or any other Act
is to be construed as requiring the employer to
do or refrain from doing anything that is
contrary to any instruction, direction or
regulation given or made by or on behalf of the
Government of Canada in the interest of the
safety or security of Canada or of any state
allied or associated with Canada.
|
|
| Order is
conclusive
proof
|
(2) For the purposes of subsection (1), an
order made by the Governor in Council is
conclusive proof of the matters stated in it in
relation to the giving or making of any
instruction, direction or regulation by or on
behalf of the Government of Canada in the
interest of the safety or security of Canada or
any state allied or associated with Canada.
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|
|
|
|
|
| Obligation to
prepare
|
251. (1) As soon as possible after the end of
each fiscal year, the Board must prepare and
submit to the Minister a report on the
administration of this Act during the year.
|
|
| Tabling in
Parliament
|
(2) The Minister must cause the report to be
tabled in each House of Parliament within the
first 15 days on which that House is sitting
after he or she receives it.
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|