Practice Note 08 - Policy Grievances

On April 1, 2005, the new Public Service Labour Relations Act (the Act) came into force and replaced the Public Service Staff Relations Act (the former Act). As a result, the Public Service Labour Relations Board (the Board) replaced the former Public Service Staff Relations Board.

On the same date, the Board adopted the new Public Service Labour Relations Board Regulations (the Regulations), which replaced the former P.S.S.R.B. Regulations and Rules of Procedure, 1993. 

The Public Service Modernization Act (PSMA) contains transitional provisions relating to the coming into force of the Act.

This practice note presents the new definition of Policy Grievances, which are defined in the Act.

Filing a Policy Grievance

As of April 1, 2005, one type of grievance that can be presented is a policy grievance, which is defined in section 220 of the Act.

Section 220 of the Act provides that either a bargaining agent or an employer can present a policy grievance to the other party in respect of the interpretation or application of a collective agreement or an arbitral award by which they are both bound. Section 221 of the Act indicates that a party that has presented a policy grievance may give notice of the reference to adjudication to the Board.

Policy grievances should be referred to adjudication using form 23 of the Public Service Labour Relations Board Regulations.

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Please note that a party that raises an issue involving the Canadian Human Rights Act must also give notice of the issue to the Canadian Human Rights Commission by using form 24 of the Public Service Labour Relations Board Regulations.

Limitations

There are some limitations related to presenting a policy grievance. Policy grievances may not be presented if:

• a redress process is already provided for under any Act of Parliament, other than the Canadian Human Rights Act;
• the grievance involves “the right to equal pay for work of equal value”; and
• the grievance is related to action taken under instruction, direction or regulation given by or made by the Government of Canada in the interest of the safety or security of Canada or states associated to Canada.

References

Please consult sections 220 through 223 of the Act for more precise details regarding the presentation and references to adjudication of policy grievances. 

Also, please consult practice notes 1, 5, 6 and 7 which relate to filing subsequent documents, grievances, individual grievances and group grievances respectively.

The following may also be useful:

• Sections 61 to 73 of the Regulations, which deal with the general provisions related to grievances
• Sections 74 to 82, which relate to group grievances specifically, as well as
• Sections 89 to 106, which refer to adjudication.

The assistance of all parties, intervenors and interested persons in ensuring that the transition from the Public Service Staff Relations Act to the Public Service Labour Relations Act is done in an efficient manner would be greatly appreciated.

Dated this 18th day of May 2005

Disclaimer

This is one of a series of practice notes prepared by the Board's operations staff. This is not an official document and is not binding on the Board. The practice notes are designed to provide general information to parties so that they may have a better understanding of the Board's processes. Therefore, these practice notes are not a substitute for legal advice.