Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 97
Disposition versions

Full text
Determination and decision
97(1)An adjudicator shall give full opportunity to both parties to the grievance to present evidence and make representations.
97(2)An adjudicator has in relation to the hearing or determination of any grievance that the adjudicator may hear or determine all of the powers and privileges that commissioners have under the Inquiries Act.
97(2.1)Where an adjudicator determines that an employee has been discharged or otherwise disciplined by the employer for cause and the collective agreement or arbitral award does not contain a specific penalty for the infraction that resulted in the employee being discharged or otherwise disciplined, the adjudicator may substitute such other penalty for the discharge or discipline as to the adjudicator seems just and reasonable in all the circumstances.
97(3)After considering the grievance, the adjudicator
(a) shall render a decision thereon,
(b) shall send a copy of the decision to each party and his or its representative, and, in the case of a grievance presented by an employee, to the bargaining agent for the bargaining unit to which the employee whose grievance it is belongs, and
(c) shall deposit a copy of the decision with the Board.
97(4)In the case of a board of adjudication, a decision of the majority of the members on a grievance is a decision of the board thereon, and the decision shall be signed by the chairman of the board.
97(5)Where a decision on any grievance referred to adjudication requires any action by or on the part of the employer, the employer shall take such action.
97(6)Where a decision on any grievance requires any action by or on the part of the employee or a bargaining agent or both of them, the employee or bargaining agent, or both, as the case may be, shall take such action.
97(7)The Board may, in accordance with section 19, take such action as is contemplated by that section to give effect to the decision of an adjudicator on a grievance but shall not inquire into the basis or substance of the decision.
1968, c.88, s.97; 1971, c.57, s.3; 1990, c.30, s.35; 1994, c.52, s.5
Grievance procedure and adjudication
97(1)An adjudicator shall give full opportunity to both parties to the grievance to present evidence and make representations.
97(2)An adjudicator has in relation to the hearing or determination of any grievance that the adjudicator may hear or determine all of the powers and privileges that commissioners have under the Inquiries Act.
97(2.1)Where an adjudicator determines that an employee has been discharged or otherwise disciplined by the employer for cause and the collective agreement or arbitral award does not contain a specific penalty for the infraction that resulted in the employee being discharged or otherwise disciplined, the adjudicator may substitute such other penalty for the discharge or discipline as to the adjudicator seems just and reasonable in all the circumstances.
97(3)After considering the grievance, the adjudicator
(a) shall render a decision thereon,
(b) shall send a copy of the decision to each party and his or its representative, and, in the case of a grievance presented by an employee, to the bargaining agent for the bargaining unit to which the employee whose grievance it is belongs, and
(c) shall deposit a copy of the decision with the Board.
97(4)In the case of a board of adjudication, a decision of the majority of the members on a grievance is a decision of the board thereon, and the decision shall be signed by the chairman of the board.
97(5)Where a decision on any grievance referred to adjudication requires any action by or on the part of the employer, the employer shall take such action.
97(6)Where a decision on any grievance requires any action by or on the part of the employee or a bargaining agent or both of them, the employee or bargaining agent, or both, as the case may be, shall take such action.
97(7)The Board may, in accordance with section 19, take such action as is contemplated by that section to give effect to the decision of an adjudicator on a grievance but shall not inquire into the basis or substance of the decision.
1968, c.88, s.97; 1971, c.57, s.3; 1990, c.30, s.35; 1994, c.52, s.5