ARCHIVED - Guidelines on Adjudication (Draft)

Initial assessment:

Upon receipt of a reference to adjudication from the PSLRB, the responsible party conducts a quick review of the file. Time limits objections must be flagged at this stage. If a timeliness objection is to be raised, it must be made, in writing, to the Executive Director of the PLSRB, no later than 30 days after receiving notice of the reference to adjudication.

Request for extension:

Bargaining agents may request an extension of time to refer a matter to adjudication. In such cases, the responsible party reviews the request, determines whether or not it is in agreement of an extension, and advises the bargaining agent of its decision.

Database entry:

Pertinent details of the grievance are logged into a tracking system.

Initial discussions with Departments / Agencies:

The responsible party has initial discussions with the Employer Representation Group, TBS, as a centre of expertise, and/or the department or agency, as the case may be, to determine which course of action will be taken (expedited adjudication, mediation, settlement, or full hearing). The responsible party then informs the PSLRB of the position, all within the response deadlines outlined in the PSLRB Regulations.

Information package:

The responsible party prepares an information package, which includes copies of the grievance, the grievance replies at all levels of the grievance procedure, the letter of discipline, termination or demotion, if applicable. The copies are then distributed to: the PSLRB, TBS Legal Services, and the Employer Representation Group, TBS.

Tentative adjudication hearing schedule:

The responsible party coordinates with departments and/or TBS Legal Services regarding possible changes to hearing dates due to witness availability, case status, etc. TBS Legal Services then advises the PSLRB of any desired amendments.

Final adjudication hearing schedule:

The responsible party verifies that the requested amendments are reflected in the final hearing schedule

Travel:

When applicable, the Employer Representation Group, TBS funds the lawyers' travel expenses and other related costs, even in cases where the department is the responsible party.

Decisions:

The PSLRB sends the responsible party a copy of adjudicator decisions as they are released.

Settlements:

In cases where a settlement is reached between the parties, the bargaining agent advises the PSLRB of such. The PSLRB confirms the withdrawal of the grievance by way of a letter to the parties.

Closing of file:

The grievance is considered officially closed once the PSLRB has informed the responsible party that the case is closed.