Acts and Regulations

P-25 - Public Service Labour Relations Act

Full text
Regulations
18(1)The Board may make regulations of general application respecting
(a) the duration of the initial certification period for each occupational category;
(b) the manner in which positions are to be designated by the employer, or by the Board on objection by a bargaining agent to the designation by the employer, to be 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”;
(b.1) the manner in which positions are to be designated by a bargaining agent, or by the Board on objection by the employer to the designation by the bargaining agent, to be 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”;
(c) the determination of units of employees appropriate for collective bargaining;
(d) the certification of bargaining agents for bargaining units and procedures for resolution of disputes;
(e) the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding such revocation;
(f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or an employee included therein where there is a merger, amalgamation or transfer of jurisdictions between two or more such organizations;
(g) the establishment of rules of procedure for its hearings;
(g.1) the procedure to be followed for the presenting and adjudication of grievances under section 100.1, including regulations respecting
(i) the manner and form of presenting grievances,
(ii) the level or levels at which grievances may be presented,
(iii) the time within which grievances may be presented at any level in the grievance process,
(iv) the manner in which and the time within which grievances may be referred to the Board,
(v) the manner in which and the time within which grievances shall be referred by the Board to an adjudicator,
(vi) the rules of procedure to be followed by adjudicators,
(vii) the time within which decisions are to be rendered by adjudicators, and
(viii) the form of decisions rendered by adjudicators;
(g.2) the matters, in addition to the matters that may be referred to adjudication under a collective agreement or dealt with under section 100.1, in relation to which a grievance may be presented to the employer, the manner and form of presenting such grievances, the level or levels at which such grievances may be presented, the time within which such grievances may be presented at any level in the grievance process and the manner in which such grievances shall be dealt with;
(g.3) the procedure to be followed for the presenting of grievances by the employer or a bargaining agent where such procedure is not established by the collective agreement or an arbitral award binding on the employer and the bargaining agent;
(h) the specification of the time within which and the persons to whom notices and other documents are to be sent and when such notices are deemed to have been given and received;
(i) the determination of the form in which, and the time as of which, evidence
(i) as to membership of employees in an employee organization,
(ii) of objection by employees to certification of an employee organization, or
(iii) of signification by employees that they no longer wish to be represented by an employee organization
is to be presented to the Board upon an application for certification of or for revocation of certification of a bargaining agent, and the circumstances in which evidence as to membership of employees in an employee organization is to be received by the Board as evidence that such employees wish that employee organization to represent them as their bargaining agent;
(j) the hearing of complaints under section 19,
(j.1) the establishment of rules of procedure in respect of applications under subsection 43.1(8);
(j.2) the hearing of applications under subsection 43.1(8);
(j.3) the manner in which and the time within which the employer shall, from time to time in respect of a bargaining unit, provide to the Board the names of the employees in the bargaining unit who are employed in designated positions;
(k) the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 26(2)(b); and
(l) such other matters and things as may be incidental or conducive to the objects and purposes of the Board, the exercise of its powers and the attainment of the objects of this Act.
18(2)Repealed: 1983, c.8, s.29
1968, c.88, s.18; 1983, c.8, s.29; 1990, c.30, s.4; 1994, c.52, s.5
Regulations
18(1)The Board may make regulations of general application respecting
(a) the duration of the initial certification period for each occupational category;
(b) the manner in which positions are to be designated by the employer, or by the Board on objection by a bargaining agent to the designation by the employer, to be 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”;
(b.1) the manner in which positions are to be designated by a bargaining agent, or by the Board on objection by the employer to the designation by the bargaining agent, to be 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”;
(c) the determination of units of employees appropriate for collective bargaining;
(d) the certification of bargaining agents for bargaining units and procedures for resolution of disputes;
(e) the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding such revocation;
(f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or an employee included therein where there is a merger, amalgamation or transfer of jurisdictions between two or more such organizations;
(g) the establishment of rules of procedure for its hearings;
(g.1) the procedure to be followed for the presenting and adjudication of grievances under section 100.1, including regulations respecting
(i) the manner and form of presenting grievances,
(ii) the level or levels at which grievances may be presented,
(iii) the time within which grievances may be presented at any level in the grievance process,
(iv) the manner in which and the time within which grievances may be referred to the Board,
(v) the manner in which and the time within which grievances shall be referred by the Board to an adjudicator,
(vi) the rules of procedure to be followed by adjudicators,
(vii) the time within which decisions are to be rendered by adjudicators, and
(viii) the form of decisions rendered by adjudicators;
(g.2) the matters, in addition to the matters that may be referred to adjudication under a collective agreement or dealt with under section 100.1, in relation to which a grievance may be presented to the employer, the manner and form of presenting such grievances, the level or levels at which such grievances may be presented, the time within which such grievances may be presented at any level in the grievance process and the manner in which such grievances shall be dealt with;
(g.3) the procedure to be followed for the presenting of grievances by the employer or a bargaining agent where such procedure is not established by the collective agreement or an arbitral award binding on the employer and the bargaining agent;
(h) the specification of the time within which and the persons to whom notices and other documents are to be sent and when such notices are deemed to have been given and received;
(i) the determination of the form in which, and the time as of which, evidence
(i) as to membership of employees in an employee organization,
(ii) of objection by employees to certification of an employee organization, or
(iii) of signification by employees that they no longer wish to be represented by an employee organization
is to be presented to the Board upon an application for certification of or for revocation of certification of a bargaining agent, and the circumstances in which evidence as to membership of employees in an employee organization is to be received by the Board as evidence that such employees wish that employee organization to represent them as their bargaining agent;
(j) the hearing of complaints under section 19,
(j.1) the establishment of rules of procedure in respect of applications under subsection 43.1(8);
(j.2) the hearing of applications under subsection 43.1(8);
(j.3) the manner in which and the time within which the employer shall, from time to time in respect of a bargaining unit, provide to the Board the names of the employees in the bargaining unit who are employed in designated positions;
(k) the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 26(2)(b); and
(l) such other matters and things as may be incidental or conducive to the objects and purposes of the Board, the exercise of its powers and the attainment of the objects of this Act.
18(2)Repealed: 1983, c.8, s.29
1968, c.88, s.18; 1983, c.8, s.29; 1990, c.30, s.4; 1994, c.52, s.5