Acts and Regulations

P-25 - Public Service Labour Relations Act

Full text
Employee not included in a bargaining unit
100.1(1)In this section
“employee” includes a person who would be an employee but for the fact that the person is a person employed in a managerial or confidential capacity.(employé)
100.1(2)An employee who is not included in a bargaining unit may, in the manner, form and within such time as may be prescribed, present to the employer a grievance with respect to discharge, suspension or a financial penalty.
100.1(3)Where an employee has presented a grievance in accordance with subsection (2) and the grievance has not been dealt with to the employee’s satisfaction, the employee may refer the grievance to the Board who shall, in the manner and within such time as may be prescribed, refer the grievance to an adjudicator appointed by the Board.
100.1(4)An adjudicator to whom a grievance has been referred in accordance with subsection (3) shall conduct a hearing and render a decision in respect of the grievance.
100.1(5)Sections 19, 97, 98.1, 101, 108 and 111 apply mutatis mutandis to an adjudicator to whom a grievance has been referred in accordance with subsection (3) and in relation to any decision rendered by such adjudicator.
100.1(6)Subject to subsection (7), the employer and the employee whose grievance it is shall each pay one-half of the remuneration and expenses of the adjudicator.
100.1(7)Where, in the opinion of the Board, special circumstances exist the remuneration and expenses of the adjudicator may be paid in whole or in part by the Board.
100.1(8)Notwithstanding subsection (2), where the Board has certified an employee organization as bargaining agent for a bargaining unit and no previous collective agreement or arbitral award has been executed or rendered in respect of the bargaining unit, this section applies to the employees included in the bargaining unit until one of the conditions expressed in paragraph 46(a), (b) or (c), whichever occurs first, is met.
1990, c.30, s.40; 1994, c.52, s.5
Grievance procedure and adjudication
100.1(1)In this section
“employee” includes a person who would be an employee but for the fact that the person is a person employed in a managerial or confidential capacity.
100.1(2)An employee who is not included in a bargaining unit may, in the manner, form and within such time as may be prescribed, present to the employer a grievance with respect to discharge, suspension or a financial penalty.
100.1(3)Where an employee has presented a grievance in accordance with subsection (2) and the grievance has not been dealt with to the employee’s satisfaction, the employee may refer the grievance to the Board who shall, in the manner and within such time as may be prescribed, refer the grievance to an adjudicator appointed by the Board.
100.1(4)An adjudicator to whom a grievance has been referred in accordance with subsection (3) shall conduct a hearing and render a decision in respect of the grievance.
100.1(5)Sections 19, 97, 98.1, 101, 108 and 111 apply mutatis mutandis to an adjudicator to whom a grievance has been referred in accordance with subsection (3) and in relation to any decision rendered by such adjudicator.
100.1(6)Subject to subsection (7), the employer and the employee whose grievance it is shall each pay one-half of the remuneration and expenses of the adjudicator.
100.1(7)Where, in the opinion of the Board, special circumstances exist the remuneration and expenses of the adjudicator may be paid in whole or in part by the Board.
100.1(8)Notwithstanding subsection (2), where the Board has certified an employee organization as bargaining agent for a bargaining unit and no previous collective agreement or arbitral award has been executed or rendered in respect of the bargaining unit, this section applies to the employees included in the bargaining unit until one of the conditions expressed in paragraph 46(a), (b) or (c), whichever occurs first, is met.
1990, c.30, s.40; 1994, c.52, s.5