Grievances under the PESRA
Reference of a grievance to adjudication
Members of the Federal Public Sector Labour Relations and Employment Board (FPSLREB) hear grievances referred to adjudication when the grievances have to do with the provisions of a collective agreement or an arbitral award, or with disciplinary action resulting in suspension, financial penalty or dismissal.
Grievances contesting demotion, denial of appointment, or classification may also be referred to adjudication, but are heard by another person chosen by the parties to act as adjudicator. This person may not be a FPSLREB member and may not have a direct or indirect interest in the grievance, its hearing or its settlement. If the parties do not agree on the choice of this person and if one party submits a written request to the FPSLREB Chairperson, the Chairperson will choose a person who is not a FPSLREB member to act as adjudicator. The remuneration and expenses of a person chosen by the parties or by the FPSLREB Chairperson to act as adjudicator are shared equally between the two parties.
As part of a grievance adjudication, a person chosen to act as adjudicator has all the powers, rights and privileges of the FPSLREB other than the power to make regulations.