Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 92
Disposition versions

Full text
Adjudication provision
92(1)Every collective agreement shall be deemed to contain the following provision:
“Where a difference arises between the parties relating to the interpretation, application or administration of this agreement or an arbitral award binding on the parties, including any question as to whether a matter is adjudicable, or where an allegation is made that this agreement or an arbitral award binding on the parties has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement or the arbitral award, notify the other party in writing of its desire to submit the difference or allegation to adjudication. The parties shall, within seven days after the receipt by the other party of such notice, appoint an adjudicator to hear and determine the difference or allegation. If within such period of time the parties fail to appoint an adjudicator, the appointment shall, on the written request of either party, be made by the Labour and Employment Board. The adjudicator shall hear and determine the difference or allegation and shall issue a decision. The decision is final and binding on the parties and on any employee affected by it.”
92(2)Notwithstanding subsection (1), where the parties so provide in their collective agreement, a board of adjudication consisting of three persons may be established instead of an adjudicator in which case the board of adjudication has, may exercise and shall discharge all the powers and duties conferred and imposed on an adjudicator under this Act.
92(3)Where no collective agreement has been entered into between the parties and an arbitral award is or has been rendered in accordance with this Act in relation to the parties, subsection (1) applies mutatis mutandis to the arbitral award.
92(4)Notwithstanding subsection (1), an employee is not entitled to refer a grievance to adjudication in accordance with subsection (1) unless the bargaining agent for the bargaining unit signifies in writing
(a) its approval of the reference of the grievance to adjudication, and
(b) its willingness to represent the employee.
92(5)Notwithstanding subsection (4), an employee may refer to adjudication a grievance arising out of any action resulting in discharge, suspension or financial penalty where the bargaining agent refuses to signify its approval, but in that case the employee shall pay the bargaining agent’s share of the costs in relation to the adjudication as determined in accordance with section 98.
1968, c.88, s.92; 1990, c.30, s.30; 1991, c.53, s.10; 1994, c.52, s.5
Grievance procedure and adjudication
92(1)Every collective agreement shall be deemed to contain the following provision:
“Where a difference arises between the parties relating to the interpretation, application or administration of this agreement or an arbitral award binding on the parties, including any question as to whether a matter is adjudicable, or where an allegation is made that this agreement or an arbitral award binding on the parties has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement or the arbitral award, notify the other party in writing of its desire to submit the difference or allegation to adjudication. The parties shall, within seven days after the receipt by the other party of such notice, appoint an adjudicator to hear and determine the difference or allegation. If within such period of time the parties fail to appoint an adjudicator, the appointment shall, on the written request of either party, be made by the Labour and Employment Board. The adjudicator shall hear and determine the difference or allegation and shall issue a decision. The decision is final and binding on the parties and on any employee affected by it.”
92(2)Notwithstanding subsection (1), where the parties so provide in their collective agreement, a board of adjudication consisting of three persons may be established instead of an adjudicator in which case the board of adjudication has, may exercise and shall discharge all the powers and duties conferred and imposed on an adjudicator under this Act.
92(3)Where no collective agreement has been entered into between the parties and an arbitral award is or has been rendered in accordance with this Act in relation to the parties, subsection (1) applies mutatis mutandis to the arbitral award.
92(4)Notwithstanding subsection (1), an employee is not entitled to refer a grievance to adjudication in accordance with subsection (1) unless the bargaining agent for the bargaining unit signifies in writing
(a) its approval of the reference of the grievance to adjudication, and
(b) its willingness to represent the employee.
92(5)Notwithstanding subsection (4), an employee may refer to adjudication a grievance arising out of any action resulting in discharge, suspension or financial penalty where the bargaining agent refuses to signify its approval, but in that case the employee shall pay the bargaining agent’s share of the costs in relation to the adjudication as determined in accordance with section 98.
1968, c.88, s.92; 1990, c.30, s.30; 1991, c.53, s.10; 1994, c.52, s.5