Acts and Regulations

84-130 - Public Service Labour Relations Board

Full text
Document at 29 September 2020
NEW BRUNSWICK
REGULATION 84-130
under the
Public Service
Labour Relations Act
Filed June 15, 1984
Under section 18 of the Public Service Labour Relations Act, the Board makes the following Regulation:
91-132; 2014-118
1This Regulation may be cited as the Labour and Employment Board Regulation - Public Service Labour Relations Act.
2014-118
2(1)In this Regulation
“Act” means the Public Service Labour Relations Act;(Loi)
“file” means, except where otherwise provided, file with the Board;(déposer)
“party” means an applicant and each person served with a notice, added as a party or served with any document by the Board pursuant to this Regulation;(partie)
“person” includes an employee organization, a council of employee organizations and an employer;(personne)
“respondent” means the person named in an application as a respondent or added as a respondent by the Board;(défendeur)
“Secretary” means the secretary of the Board;(secrétaire)
“Senior Executive Officer” means the Senior Executive Officer of the Board.(agent administratif senior)
2(2)Where a period of time is prescribed by this Regulation and expressed as a number of days, the period shall be computed as being the number of days exclusive of Saturdays and holidays.
2014-118
I
GENERAL
3The forms set out in the Schedules hereto shall be used in proceedings instituted under the Act and this Regulation.
2014-118
4Procedure not prescribed in this Regulation shall be governed by analogy to this Regulation.
5No proceeding under this Regulation is invalid by reason of any defect in form or of any technical irregularity.
6The Board may direct that any person be added as a party to a proceeding or be served with any document, as the Board thinks advisable.
7If the Board wishes to summon and enforce the attendance of a witness under section 21 of the Act, it shall serve the witness with a summons.
2014-118
8(1)Where a document is required to be served by this Regulation, the service may be made:
(a) in person;
(b) by registered mail addressed to the recipient at his address for service, his last known or usual address or at his principal office, referred to in an application, intervention, reply or other document in the proceeding; or
(c) by communicating to the recipient the contents of the document, or so much thereof as the Board may determine, in such manner as the Board may direct.
8(2)Where a notice of hearing is required to be served by this Regulation, the service shall be made not later than five days before the day fixed for the hearing.
8(3)Where a person is served with a notice of hearing referred to in subsection (2) and fails to attend the hearing or any continuation thereof, the hearing may proceed and the matter may be disposed of without further notice to that person.
9(1)The Board may, if it thinks it advisable in the interests of justice, adjourn any hearing for such time and to such place and on such terms as it thinks fit.
9(2)The Board may, upon such terms as it thinks advisable, enlarge the time prescribed by this Regulation for doing any act, serving any notice, filing any document or taking any proceeding and may do so although application therefor is not made until after the expiration of the time prescribed.
9(3)Where it is satisfied that it is necessary or convenient in the public interest, the Board may abridge the time prescribed by this Regulation for doing any act, serving any notice, filing any document or taking any proceeding.
10A decision of the Board may be evidenced in the form of an order signed by the Secretary.
II
CERTIFICATION PROCEDURE
11In this Part
“application” means an application for certification of a bargaining agent for a bargaining unit;(demande)
“intervener” means any employee organization that intervenes with respect to a certification procedure before the Board.(intervenant)
12Every document required to be filed in respect of any proceeding before the Board under this Part shall be filed with the Board within the times herein limited or mailed by registered mail addressed to the Board at its office not later than the expiration of the respective applicable times.
2014-118
13Notwithstanding anything in this Part, the Board may dispose of any application without further notice to any person who has not filed a document in the proceeding on or before the time herein limited for the filing thereof and in the manner prescribed by this Regulation or in the forms as set out in Schedule A.
14The Secretary shall serve each of the parties to a proceeding with a copy of each reply, intervention and intervener’s application or statement of intent to make representations that has been filed in the proceeding.
15An application shall be made in quadruplicate in Form R-1A of Schedule A.
16(1)An applicant shall file with the application the documentary evidence upon which it intends to rely in whole or in part to satisfy the Board that a majority of the employees in the bargaining unit for which certification is applied wish the applicant to represent them as their bargaining agent.
16(2)The Board may require an applicant to file the documents upon which it intends to rely to satisfy the Board that it is an employee organization and the documents when filed shall be open to inspection by any party to the proceedings at the office of the Board.
17Where an applicant that files an application or an intervener that files an intervener’s application is a council of employee organizations, it shall file with the Board at the time that the application or intervener’s application is made the documents upon which it intends to rely to satisfy the Board that each of the employee organizations that is a constituent member of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.
18After the receipt of an application, the Secretary shall serve the employer with the following documents without delay:
(a) a copy of the application;
(b) a notice to the employer setting out the employer’s duties under sections 19 and 21; and
(c) if the Board directs the employer to post notices under subsection 19(1), a sufficient number of notices for posting.
2014-118
19(1)If the Board considers it advisable, it may direct the employer to post notices, immediately on their receipt, setting out the employees’ rights and duties under section 24 in places where those notices are most likely to come to the attention of the employees who may be affected by the application and to keep the notices posted for ten days.
19(2)Where the Board deems it advisable, it may require the employer, in addition to posting the notices referred to in subsection (1), or in lieu thereof, to bring the application to the attention of the employees concerned in such other manner as the Board may direct.
2014-118
20(1)An employer shall file in quadruplicate not later than ten days after receipt of the documents mentioned in section 18:
(a) a reply in Form R-4A of Schedule A, including under paragraph 3 thereof any grounds of objection on which it intends to rely;
(b) an alphabetical list of the employees affected by the application and their respective occupational classifications;
(c) an alphabetical list of employees whose duties include the supervision of other employees affected by the application;
(d) an alphabetical list of employees affected by the application who are employed in a managerial or confidential capacity;
(e) an alphabetical list of employees authorizing payroll check-off of initiation fees or dues or both; and
(f) specimen signatures of the employees affected by the application in such form or manner as the Board deems advisable.
20(2)The Secretary shall forthwith upon receipt of the reply and lists mentioned in subsection (1) serve the same upon the applicant.
20(3)Within ten days after the Secretary has served upon the applicant a copy of the reply and lists under subsection (2), the applicant shall file with the Board a statement showing in respect of each person listed as being employed in a managerial or confidential capacity whether the applicant agrees or disagrees with the claims of the employer.
20(4)If the applicant disagrees with the claims of the employer under subsection (3), the matters in dispute shall be determined by the Board at the hearing of the application.
21The Secretary shall serve a copy of the application and a notice of setting out the employee organization’s rights and duties under section 22 on any employee organization known to the Secretary as claiming to represent any employees who may be affected by the application.
2014-118
22An employee organization that is served with a notice of application or that claims to represent any of the employees who may be affected by the application shall file its intervention, if any, in quadruplicate in Form R-6 of Schedule A not later than ten days after receipt of the notice of application, and, if it fails to file an intervention, it may be deemed by the Board to have abandoned any claim to represent any of the employees who may be affected by the application.
23(1)An employee organization intending to apply for certification as the bargaining agent of any employees who may be affected by an application shall file an intervener’s application in quadruplicate in Form R-7A of Schedule A not later than ten days after the filing of the application for certification.
23(2)Section 18 applies mutatis mutandis to an intervener’s application.
23(3)Section 19 does not apply to an intervener’s application unless the Board so directs.
23(4)Section 20 applies to an intervener’s application in whole or in part as may be directed by the Board.
24Any employee or group of employees affected by an application and intending to make representations to the Board in opposition to the application shall file with the Board in writing a concise statement of the material facts upon which the opposition is based which shall be
(a) signed by the employee or each member of the group of employees,
(b) accompanied by a return mailing address of the employee or representative of the group of employees, and
(c) subject to section 25, filed not later than ten days after the posting of the notices referred to in section 19.
25Where, in the opinion of the Board, a person affected by an application is so stationed, positioned or located that he is unable to send to the Board in writing by the time fixed for the filing thereof, a document required to be filed by this Regulation, the Board may, either before or after the expiration of the said time, authorize the filing of the document in such manner and within such time as it deems appropriate.
26An application, reply, intervention, statement of intent to make representations or notice may be amended before or at the hearing by leave of the Board upon such terms and conditions as the Board thinks advisable.
27At any time after the expiration of the time limits for the filing of any document in accordance with this Part, the Secretary shall serve a notice of hearing on each of the parties and on every person who has filed a document in the proceeding.
2014-118
28(1)An employee or group of employees who has filed a written statement of intent in the form and manner required by section 24 may appear at the hearing in person or may authorize a representative to appear at the hearing.
28(2)The Board shall not hear any oral evidence of opposition by employees to the certification of an employee organization other than such oral evidence as the Board may require to identify and substantiate a written statement filed pursuant to section 24.
DESIGNATION OF POSITION OF PERSON EMPLOYED IN A MANAGERIAL OR CONFIDENTIAL CAPACITY
91-132
29(1)Where, after a bargaining agent for a bargaining unit has been certified by the Board, the employer or the bargaining agent wishes to designate a position to be a position in which is employed a person described in subparagraphs (e)(i) to (v) inclusive of the definition “person employed in a managerial or confidential capacity” in section 1 of the Act, the employer or the bargaining agent shall file a designation in Form MC-1 of Schedule C in triplicate with the Board.
29(2)Where the form referred to in subsection (1) is filed with the Board, the Secretary shall serve a copy of the statement on
(a) the bargaining agent, where the form was filed by the employer, and
(b) the employer, where the form was filed by the bargaining agent.
29(3)Where the bargaining agent or the employer objects to the designation of a position under subsection (1), it shall file with the Board, not later than twenty days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds of objection.
29(4)Upon receipt of a notice of objection referred to in subsection (3), the Secretary shall serve a copy of the notice of objection forthwith on the other party.
29(5)The time prescribed by subsections (3) and (4) may be enlarged either before or after the expiration of such time
(a) by agreement of the parties, or
(b) by the Board in respect of any person or group of persons.
29(6)Where an objection is filed with the Board under subsection (3), the Board shall determine the matter at a hearing.
87-155; 91-132; 2014-118
29.1(1)On or before the first day of April in each year, an employer shall provide to the Board and to each bargaining agent affected, a list of the names of the persons who occupy positions that are positions in which are employed persons described in subparagraphs (e)(i) to (v) inclusive of the definition “person employed in a managerial or confidential capacity” in section 1 of the Act.
29.1(2)The list referred to in subsection (1) shall indicate, in respect of each person named, the position classification, the title and number of the position, the department or portion of the Public Service where the position is located and the basis upon which the position was designated.
91-132; 2014-118
INITIAL CERTIFICATION PERIOD
30The duration of the initial certification period for each occupational category shall be for a term of two years commencing January 19, 1970 and terminating January 18, 1972.
III
PROCEDURE FOR REVOCATION OF CERTIFICATION
31(1)In this Part
“application” means an application for revocation of certification of a bargaining agent for a bargaining unit.(demande)
31(2)Sections 12, 13, 14, 16, 24, 25, 26 and 27 apply mutatis mutandis to proceedings under this Part.
32An application shall be made in quadruplicate in Form R-9 of Schedule A.
33(1)After the receipt of an application, the Secretary shall serve the bargaining agent and the employer, if the application is made by a person other than the employer, with the following documents without delay:
(a) a copy of the application;
(b) a notice to the employer setting out the employer’s duties under subsection (2) and section 34; and
(c) if the Board directs the employer to post notices under subsection (2), a sufficient number of notices for posting.
33(2)If the Board considers it advisable, it may direct the employer to post notices, immediately on their receipt, setting out the employees’ rights and duties under section 24 in places where those notices are most likely to come to the attention of the employees who may be affected by the application and to keep the notices posted for ten days.
33(3)If the Board considers it advisable, it may require the employer, in addition to posting the notices referred to in subsection (2) or in lieu of posting the notices, to bring the application to the attention of the employees concerned in any other manner that the Board directs.
2014-118
34The bargaining agent and, where the application is made by a person other than the employer, the employer shall file a reply in quadruplicate in Form R-12 of Schedule A not later than ten days after service.
35The Board may require an employer to file
(a) a list of employees, and
(b) specimen signatures of employees in such form and manner and within such time as the Board deems advisable.
36(1)Where the application is made under section 36 of the Act, evidence of signification by employees that they no longer wish to be represented by the employee organization certified as bargaining agent for the bargaining unit shall not be accepted by the Board unless the evidence is in writing, signed by the employee or each member of a group of employees, as the case may be, and is filed together with the application.
36(2)Oral evidence of signification by employees that they no longer wish to be represented by the employee organization certified as bargaining agent for the bargaining unit shall not be accepted by the Board except to identify and substantiate the written evidence referred to in subsection (1).
2014-118
37(1)An employee or group of employees who has filed a written statement of intent in the form and manner required by section 24 may appear at the hearing in person or may authorize a representative to appear at the hearing.
37(2)The Board shall not hear any oral evidence of opposition by employees to an application other than such oral evidence as the Board may require to identify and substantiate a written statement filed pursuant to section 24.
38A notice of hearing shall be served as indicated by subsection 8(2).
2014-118
IV
DECLARATION OF SUCCESSOR EMPLOYEE ORGANIZATION
39In this Part
“application” means an application for a declaration concerning the status of a successor employee organization.(demande)
40(1)Where an employee organization claims that by reason of a merger, amalgamation or transfer of jurisdiction it is the successor of an employee organization that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its right to act as the successor, the Board, in any proceeding before it or on the application of any person or employee organization concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under the Act of its predecessor or the Board may dismiss the application.
40(2)Before issuing a declaration under subsection (1), the Board may make such inquiry, require the production of such evidence or hold such representation votes as it deems appropriate.
40(3)Where the Board makes an affirmative declaration under subsection (1), the successor shall for the purposes of the Act be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the employer, the successor and the employees concerned shall recognize such status in all respects.
2014-118
41(1)An application shall be made in quadruplicate in Form S-1 of Schedule C.
41(2)An applicant shall file with the application the documentary evidence upon which it intends to rely in whole or in part to satisfy the Board that it is a successor employee organization and the documentary evidence when filed shall be open to inspection by the employees at the office of the Board.
42(1)The Secretary shall serve a copy of the application and a notice setting out the employer’s duties under subsection (2) and section 43 on
(a) the respondent,
(b) the employee organization named in the application as the predecessor employee organization, and
(c) the employer, if the respondent named in the application is a person other than the employer.
42(2)If the Board directs the employer to post notices under subsection (3), the Secretary shall provide the employer with a sufficient number of notices for posting.
42(3)If the Board considers it advisable, it may direct the employer to post notices, immediately on their receipt, setting out the employees’ rights and duties under sections 44 and 45 in places where those notices are most likely to come to the attention of the employees who may be affected by the application and to keep the notices posted for ten days.
2014-118
43A respondent, an employee organization or an employer served under section 42 shall file a reply in quadruplicate in Form S-3 of Schedule C not later than ten days after such service.
44Where a party requests a hearing by the Board of an application, he shall set out in the application or reply, as the case may be, a concise statement of
(a) the material facts upon which he proposes to rely at the hearing,
(b) the relief to which he claims to be entitled, and
(c) the submissions he proposes to make in support of his claim for relief.
45Any employee or group of employees affected by an application who desires to make representations in opposition to the application shall file a statement of desire, in the form and manner required by section 44, not later than ten days after receipt thereof.
46Where no reply has been filed as required by section 43 and no statement of desire to make representations has been filed pursuant to section 45 or any such reply or statement of desire that has been filed does not state that a party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the application upon the material before it without further notice to any party or to the employee or the group of employees.
47Where a party or an employee or the representative of a group of employees requests or the Board directs a hearing, the Secretary shall serve each of the parties and each such employee or representative of a group of employees with a notice of hearing.
2014-118
V
GRIEVANCE PROCESS AND ADJUDICATION PROCEDURE
48In this Part
“final level” means the final level of the grievance process;(plus haut palier)
“level” means a level of management to which a grievance is presented.(palier)
48.1This Part applies to grievances and the adjudication of grievances under section 100.1 of the Act.
91-132; 2014-118
GRIEVANCE PROCESS
49Repealed: 91-132
91-132
50(1)Each employer shall establish a grievance process in the manner set forth in this Part within each department or other portion of the Public Service specified in Parts I, II, III and IV of the First Schedule to the Act in respect of which it is the employer.
50(2)Until an employer has established a grievance process under subsection (1), the Chairman may, upon application of an aggrieved employee, issue such directions for the processing of the grievance of the employee as may be necessary in the circumstances.
91-132; 2014-118
51(1)The grievance process shall consist of not more than three levels and each employer shall appoint an authorized representative whose decision shall constitute a formal reply at each level of the grievance process.
51(2)The employer shall inform each employee to whom the grievance process applies of the name or title and address of the authorized representative at each level.
51(3)The information required by subsection (2) shall be communicated to employees by means of notices posted in places where those notices are most likely to come to the attention of the employees to whom the grievance process applies or otherwise as the employer may, with the approval of the Chairman, determine.
52(1)Each employer shall prepare and submit to the Chairman for his approval a grievance form or forms which shall require the following information to be stated by the aggrieved employee:
(a) the name and address of the aggrieved employee and such additional information as the employer may deem necessary to identify the aggrieved employee;
(b) a concise statement of the nature of each act or omission complained of;
(c) the steps, if any, that have been taken by the aggrieved employee for the adjustment of the matters giving rise to the grievance;
(d) the date upon which each act or circumstance giving rise to the grievance occurred; and
(e) the corrective action requested by the aggrieved employee.
52(2)Before approving a grievance form submitted under subsection (1) or at any other time, the Chairman may require an employer to alter the form in such manner as the Chairman may deem appropriate.
52(3)Upon approval of a grievance form by the Chairman, the employer shall make copies thereof available to all employees concerned.
52(4)The Chairman may authorize an employer to make available to its employees, in lieu of the grievance form referred to in subsection (1), any grievance form that was in use in the Public Service when or after the Act came into force for such period of time and with such modifications or additions as the Chairman may determine.
91-132; 2014-118
53(1)An employee shall present a grievance, at any level, to his immediate supervisor or local officer-in-charge and that supervisor or local officer-in-charge shall forthwith
(a) forward a copy of the grievance to the authorized representative of the employer at the appropriate level, and
(b) deliver or cause to be delivered to the employee a receipt stating the date on which the grievance was received by him.
53(2)Where an employee is required to present a grievance within prescribed time limits, he shall be deemed to have done so when he has delivered it, or caused it to be delivered, to his immediate supervisor or local officer-in-charge within the prescribed time or has mailed the grievance within the prescribed time to his immediate supervisor or local officer-in-charge by registered mail at the address referred to in subsection 51(2).
53(3)The period within which an employer shall reply to a grievance at any level shall be calculated from the date on which the grievance is received by the immediate supervisor or the local officer-in-charge of an employee.
54(1)Where an employee wishes to present a grievance, he shall do so
(a) at the first level of the grievance process, where the grievance is in respect of a financial penalty, and
(b) at the final level of the grievance process where the grievance is in respect of discharge or suspension,
and the grievance shall be in the form prepared by the employer under section 52.
54(2)An employee shall present a grievance
(a) where it is in respect of a financial penalty, not later than the twentieth day, and
(b) where it is in respect of discharge or suspension, not later than the twenty-fifth day,
after the day on which the employee is notified orally or in writing, or, where the employee is not so notified, after the day on which the employee first has knowledge of any act or circumstances giving rise to the grievance.
54(3)A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the employer.
91-132
55Except as provided in paragraph 54(1)(b), an employee shall not present a grievance at a level higher than the first level in the grievance process unless the grievance is presented by him in the manner prescribed in subsection 53(1) not later than
(a) the tenth day after the day on which he received a reply to his grievance at the last preceding lower level, or
(b) the fifteenth day after the last day on which the employer was required to reply to his grievance at the last preceding lower level under section 56,
whichever occurs first.
56(1)Where a grievance has been presented by an employee at any level in the grievance process in accordance with sections 53 and 54 and within the time fixed by sections 54 and 55, as the case may be, the authorized representative of the employer at that level shall serve upon the employee a reply to the grievance in writing not later than the fifteenth day after the day on which the grievance was presented at that level.
56(2)Repealed: 91-132
56(3)Repealed: 91-132
56(4)Where an employee presents a grievance and the employee states that the employee wishes to be assisted by or represented in the presentation of the grievance by another person, a copy of the reply of the authorized representative of the employer shall also be served upon the person named by the employee at the address given in the statement.
91-132
57(1)An employee may, by written notice to his immediate supervisor or local officer-in-charge, abandon a grievance at any level of the grievance process.
57(2)Where an employee fails to present a grievance to the next higher level in the grievance process within the time fixed by section 55, he shall be deemed to have abandoned the grievance.
ADJUDICATION PROCEDURE
58(1)An employee who refers a grievance to the Chairman under subsection 100.1(3) of the Act shall file with the Chairman and serve upon the employer a notice in Form G-1 of Schedule B not later than the twentieth day after
(a) the day on which the employee was served with a reply at the final level of the grievance process, or
(b) if the employee was not served with a reply at the final level of the grievance process, the last day on which the employer was required to reply to the grievance at the final level.
58(2)An aggrieved employee shall attach to the notice referred to in subsection (1) a copy of the grievance that he submitted to his immediate supervisor or local officer-in-charge pursuant to subsection 53(1) and a copy of any replies received from the employer at each level of the grievance process.
58(3)Repealed: 91-132
91-132; 2014-118
59Where a copy of a grievance attached to a notice referred to in subsection 58(1) does not contain the reply to the grievance that was made at each level of the grievance process pursuant to subsection 56(1), the employer shall file copies of those replies with the Chairman not later than the fifth day after the employer has received the notice.
91-132
60Repealed: 91-132
91-132
61The Chairman shall send to the adjudicator a copy of the notice given under subsection 58(1) and copies of any replies filed under section 59.
91-132
62The adjudicator shall serve upon the aggrieved employee and the employer a notice of hearing in Form G-2 of Schedule B.
91-132
63(1)The adjudicator concerned may, by notice, require a party to file with the adjudicator a statement of his position in respect of a grievance in such form and within such time as may be fixed in the notice.
63(2)The adjudicator shall, upon receipt of a statement filed pursuant to subsection (1), serve a copy of the statement upon the other parties.
91-132
64Where an employee has stated in a notice given under subsection 58(1) that the employee wishes to be assisted or represented by another person in the presentation of the grievance, the adjudicator shall serve on the person named by the employee
(a) copies of any replies filed under section 59, and
(b) a notice of the hearing.
91-132
65(1)The decision of an adjudicator shall contain:
(a) a summary statement of the grievance;
(b) a summary of the representations of the parties;
(c) the decision of the grievance; and
(d) the reasons for the decision.
65(2)A decision made by an adjudicator shall be signed by the adjudicator and rendered within thirty days after a hearing unless the parties agree to an extension or the time is extended by the Chairman.
91-132
66Repealed: 91-132
91-132
67Repealed: 91-132
91-132
GENERAL
68Notwithstanding anything in this Part, the time prescribed by this Part for the doing of any act, the presentation of a grievance at any level or the serving 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) upon application of an employer, an employee or a bargaining agent,
(i) by the Chairman where in his opinion the enlargement of time would avert a hardship in respect of a particular grievance, or
(ii) by the Board in respect of any particular grievance or class of grievances on such terms and conditions as the Board thinks fit.
91-132
69The adjudicator concerned may, if in his opinion it is advisable in the interests of justice, adjourn any hearing for such time and to such place and upon such terms as he thinks fit.
91-132
70Notwithstanding anything in this Part, the adjudicator concerned may, if in his opinion it is advisable in the interests of justice, direct that any person be added as a party to a proceeding or be served with any documents.
91-132
71The Chairman, after giving all parties concerned an opportunity to make representations with respect to the procedure to be followed, may, if in his opinion it is advisable in the interests of justice, direct that two or more grievances referred to adjudication be heard together at such time and place and upon such terms as he thinks fit.
72Where a reply, notice or other document is required by this Part to be filed with the Chairman, it shall be deemed to be filed at the time it is received by the Chairman except that where it is mailed by registered mail addressed to the Chairman, it shall be deemed to be filed at the time it is so mailed.
73(1)Where a grievance or notice has been presented, filed or served by registered mail and the addressee claims that he has not received the grievance or notice, the person who presented, filed or served the grievance or notice may present, file or serve upon the addressee a second notice after he has ascertained that the first grievance or notice has not been received.
73(2)A second grievance or notice shall not be presented, filed or served more than one month after the day on which the first notice was mailed.
73(3)A second grievance or notice has the same force and effect for the purposes of this Regulation as the first grievance or notice would have had if it had been received by the addressee.
74(1)Where any notice or other document under this Part is required to be given by the Chairman, it may be signed by or given by the Senior Executive Officer.
74(2)Where any notice or other document under this Part is required to be given to the Chairman, it may be given to the Senior Executive Officer and receipt by him of such notice or document shall be deemed to be receipt thereof by the Chairman.
VI
COMPLAINTS PROCEDURE
75A complaint under section 19 of the Act shall be made in quadruplicate in Form C-1 of Schedule C.
2014-118
76The Secretary shall serve each respondent with a copy of the complaint and a notice setting out a respondent’s duties under section 77.
2014-118
77A respondent shall reply by filing his reply in quadruplicate in Form C-3 of Schedule C not later than the sixth day after
(a) the day on which the Secretary served the respondent with the notice of complaint, where the notice of complaint was served in person, or
(b) the day immediately following the day on which the Secretary mailed a notice of complaint to the respondent, where the notice of complaint was served by registered mail.
78(1)The Secretary shall serve a copy of the reply filed by a respondent upon the complainant.
78(2)After the expiration of the time for reply fixed by section 77, the Secretary shall serve each of the parties with a notice of hearing.
2014-118
79The Board may authorize an officer to endeavour to effect a settlement of the matter complained of before the Secretary serves the notice of hearing pursuant to subsection 78(2).
80The Board may, on its own motion or at the request of a party, direct that the information in any complaint or reply filed pursuant to this Part be made more complete or specific and, if the party so directed fails to comply with the direction within such time as the Board may determine, the Board may strike out from the complaint or reply, the information or so much thereof as it deems to be incomplete or insufficiently specific.
VII
APPLICATION FOR CONSENT TO PROSECUTE
81In this Part
“application” means an application for consent to prosecute.(demande)
82(1)An application shall be made in quadruplicate in Form P-1 of Schedule C.
82(2)The Secretary may request from the applicant any further particulars deemed necessary.
83When an application is filed, the Secretary shall serve the party whom the applicant desires to prosecute with a copy of the application, a notice of the application and any further particulars furnished by the applicant that the Secretary considers advisable.
2014-118
84At any time after five days from the serving of the documents mentioned in section 83, the Secretary shall serve a notice of hearing on all interested parties.
2014-118
VIII
COLLECTIVE AGREEMENTS
85Each of the parties to a collective agreement shall forthwith upon its execution file one copy with the Chairman.
IX
DESIGNATED POSITIONS
86(1)Where the employer and the bargaining agent are unable to reach agreement in relation to the matters referred to in subsection 43.1(3) of the Act within the time limits established under subsection 43.1(3) of the Act, the employer and the bargaining agent shall, within ten days after the expiration of the last of the time limits, file with the Board
(a) a statement outlining its position with respect to the matters on which the parties were unable to reach agreement, and
(b) a copy of any documentary evidence upon which they intend to rely in whole or part.
86(2)After the expiration of the ten day period referred to in subsection (1), the Secretary shall forthwith serve on the employer and the bargaining agent
(a) a copy of each other’s statement and documentary evidence, and
(b) a notice of hearing.
91-132; 2014-118
87(1)An application under subsection 43.1(8) of the Act to amend an order or a determination shall include a statement outlining the reasons for requesting the amendment and a copy of any documentary evidence upon which the applicant intends to rely in whole or part and shall be made in Form E-2 of Schedule E.
87(2)Upon receipt of an application under subsection 43.1(8) of the Act, the Secretary shall serve forthwith on the other party a copy of the application and a notice setting out the other party’s duties under subsection (3).
87(3)The other party shall, within ten days after receiving the notice of application, file with the Board a reply which shall include, if the party objects to the application, reasons for its objection and a copy of any documentary evidence upon which it intends to rely in whole or in part and the reply shall be made in Form E-4 of Schedule E.
87(4)Upon receipt of the reply and the copy of the documentary evidence, the Secretary shall forthwith serve
(a) a copy of the reply and documentary evidence upon the applicant, and
(b) a notice of hearing upon both parties.
87(5)A hearing in respect of an application under subsection 43.1(8) of the Act shall not be held until at least ten days after the applicant has been served with the copy of the reply and documentary evidence referred to in subsection (4).
91-132; 2014-118
88An application under subsection 43.1(8) of the Act or a reply under section 87 may be amended before or at the hearing with the leave of the Board upon such terms and conditions as the Board considers appropriate.
91-132; 2014-118
89(1)An employer shall deliver to the Board the names of persons in designated positions within ten days after the appointment of a conciliator or commissioner or immediately after the Chairman refuses to appoint a conciliator or commissioner.
89(2)All employees who are employed in designated positions shall be so informed by the Board by prepaid mail or personal service immediately after notice to the Chairman under section 77 of the Act has been given.
91-132; 2014-118
90(1)Where any notice or other document under this Part is required to be served by the Secretary, it may be signed by or served by the Senior Executive Officer.
90(2)Where any notice or other document under this Part is required to be filed with the Board, it may be given to the Secretary or Senior Executive Officer and receipt by either of them of such notice or document shall be deemed to be receipt by the Board.
91-132
X
STRIKE AND STRIKE VOTES
91In this Part
“vote” means a vote held under section 75 of the Act.(vote)
2014-118
92Within five days of receipt of the notice referred to in section 72 of the Act, the employer and the bargaining agent shall each inform the Chairman by notice in writing whether or not it is willing to submit the dispute to binding arbitration.
91-132; 2014-118
93After being informed by both parties under section 92 and where either party has informed the Chairman that it is not willing to submit the dispute to binding arbitration, the Chairman shall immediately inform both parties by notice in writing that the dispute is not to be submitted to binding arbitration and the employer shall prepare a list of the names and addresses, where known, of the employees in the bargaining unit on the date of the said notice and shall upon request in writing by the bargaining agent made at least five days after receipt of the said notice immediately deliver a copy of the list to the bargaining agent.
91-132
94The vote shall be by secret ballot and may be by mail or ballot boxes or partly by mail or partly by ballot boxes.
95Notice of the voting shall set forth the manner of voting, the times and places of voting, where applicable, and any other pertinent information.
96Copies of the notice referred to in section 95 shall be posted on the employer’s premises where they are most likely to come to the attention of the employees in the relevant bargaining unit and remain posted for at least five days prior to the date of voting and in circumstances in which the notice is not likely to come to the attention of an employee or some employees, such employee or employees shall be informed of the notice and the contents thereof in such manner as may be necessary in the circumstances.
97Employees eligible to vote shall be all employees in the bargaining unit in the employ of the employer on the date on which the notice mentioned in section 93 was given and still employed at the time of voting.
98Where the vote is conducted by mail or partly by mail, notice to the employees may be by ordinary mail and such notice shall be deemed to have been received in the ordinary course of mail unless the contrary is proved.
99(1)Ballot boxes shall be sealed and shall not be opened and ballots shall not be counted until all voting has been completed.
99(2)The ballot boxes shall be forwarded to the bargaining agent and boxes shall be opened and the ballots counted in the presence of a representative appointed by the Chairman.
99(3)The representative mentioned in subsection (2) shall immediately after the counting of the ballots report the result of the vote to the Chairman in writing.
100(1)When the vote has been completed and ballots counted, the employee organization shall complete and file with the Chairman Form V-1 of Schedule D in quadruplicate.
100(2)The names of the persons who voted may be supplied by checking the said names on the list of those eligible to vote referred to in section 93.
100(3)Upon receipt of the notice and certification referred to in subsection (1), the Chairman shall immediately serve the employer with copies thereof.
101Notice to the Chairman under section 77 of the Act shall be in writing and by registered mail or personal service.
2014-118
102(1)Where any notice or other document under this Part is required to be given by the Chairman, it may be signed by or given by the Senior Executive Officer.
102(2)Where any notice or other document under this Part is required to be given to the Chairman, it may be given to the Senior Executive Officer and receipt by him of such notice or document shall be deemed to be receipt thereof by the Chairman.
REPEAL
103Regulation 69-85 under the Public Service Labour Relations Act is repealed.
104This Regulation comes into force on September 1, 1984.
SCHEDULE A
FORMS
Application for Certification.............. R-1A
 
Reply by Employer to Application for
Certification ..............R-4A
 
Intervention.............. R-6
  
Application for Certification by
Intervener.............. R-7A
  
Application for Revocation of Certification.............. R-9
  
Reply to Application for Revocation of
Certification.............. R-12
2014-118
Form R-2
Repealed: 2014-118
2014-118
Form R-3
Repealed: 2014-118
2014-118
Form R-5
Repealed: 2014-118
2014-118
Form R-8
Repealed: 2014-118
2014-118
Form R-10
Repealed: 2014-118
2014-118
Form R-11
Repealed: 2014-118
2014-118
Form R-13
Repealed: 2014-118
2014-118
Form R-14
Repealed: 2014-118
2014-118
SCHEDULE B
GRIEVANCE FORMS
Notice of Reference to Adjudication
under subsection 100.1(3) of the Act.............. G-1
 
Notice of Hearing (Adjudication)
under subsection 100.1(4) of the Act.............. G-2
91-132; 2014-118
SCHEDULE C
FORMS
Complaint under section 19 of the Act.............. C-1
 
Reply to Complaint under section 19
of the Act.............. C-3
 
Application for Consent to Prosecute.............. P-1
 
Application for Declaration
Concerning Status of Successor
Employee Organization.............. S-1
 
Reply to Application for Declaration
Concerning Status of Successor
Employee Organization.............. S-3
 
Designation of a Position of a Person
Employed in a Managerial or
Confidential Capacity.............. MC-1
91-132; 2014-118
Form C-2
Repealed: 2014-118
2014-118
Form C-4
Repealed: 2014-118
2014-118
Form P-2
Repealed: 2014-118
2014-118
Form P-3
Repealed: 2014-118
2014-118
Form S-2
Repealed: 2014-118
2014-118
Form S-4
Repealed: 2014-118
2014-118
Form S-5
Repealed: 2014-118
2014-118
FORM MC-1b
Repealed: 91-132
SCHEDULE D
FORMS
Report of a Strike under section
75 of the Act.............. V-1
2014-118
SCHEDULE E
DESIGNATED POSITIONS FORMS
Application under subsection 43.1(8) of the Act to Amend an Order or a Determination.............. E-2
 
Reply to Application under subsection 43.1(8) of the Act to Amend an Order or a Determination.............. E-4
91-132; 2014-118
Form E-1
Repealed: 2014-118
2014-118
Form E-3
Repealed: 2014-118
2014-118
N.B. This Regulation is consolidated to August 12, 2014.