Jurisdiction

Jurisdiction over Labour Relations Matters

"Labour relations" refers to the full spectrum of the relationship between employers and their employees. In some cases, employees have formed an employee organization to represent them in their dealings with the employer. Once it has been officially recognized, an employee organization becomes the employees' bargaining agent, at which point it is the only entity able to negotiate the conditions of employment for these employees with their employer.

Labour relations in the federal public service are governed by the Federal Public Sector Labour Relations Act (FPSLRA). The Federal Public Sector Labour Relations and Employment Board (FPSLREB) is the administrative tribunal charged with administering the PSLRA. It resolves disputes between federal employees and their employer on all matters pertaining to:

  • unionization;
  • collective bargaining of conditions of employment;
  • requests for interpretation of collective agreements;
  • unfair labour practice complaints;
  • grievances filed by employees.

Parliament has also determined that the Canada Labour Code (the Code), Part II applies to federal employees. Part II of the Code deals with the rules governing occupational health and safety. The FPSLREB is the administrative tribunal charged with ruling on all complaints filed by federal employees when their employer has imposed a disciplinary measure upon them for acting in accordance with Part II of the Code.

Labour relations at the Library of Parliament, the House of Commons, the Senate, the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner are governed by the Parliamentary Employment and Staff Relations Act (PESRA). The FPSLREB is the administrative tribunal charged with administering PESRA. It resolves disputes between parliamentary employees and their employer on all matters pertaining to:

  • unionization;
  • collective bargaining of conditions of employment;
  • requests for interpretation of collective agreements;
  • unfair labour practice complaints;
  • grievances filed by parliamentary employees.

Labour and employment relations for:

  1. Military personnel are governed by the National Defence Act;
  2. Royal Canadian Mounted Police members and special constables are governed by the Royal Canadian Mounted Police Act; and
  3. Canadian Security Intelligence Service officers are governed by the Canadian Security Intelligence Service Act.

Neither the FPSLREB nor the Canada Industrial Relations Board is charged with administering these Acts. However, officers of the Canadian Security Intelligence Service may refer their grievances relating to disciplinary actions resulting in termination, demotion, suspension or financial penalty to adjudication, in which case they will be decided ultimately by an adjudicator of the FPSLREB.

Jurisdiction over Staffing (Employment) Matters

The FPSLREB is also responsible for the impartial and timely consideration and disposition of complaints submitted under the Public Service Employment Act (PSEA) with respect to internal appointment and lay-off processes within the federal public service.

The FPSLREB conducts hearings, settlement conferences and mediation sessions in order to resolve complaints. In fulfilling its mandate, the FPSLREB fosters fair and transparent staffing practices, which contribute to a public service that is formed based on merit and embodying linguistic duality and human rights.