Website in transition!

On November 1, 2014, the Public Service Labour Relations and Employment Board (PSLREB) was created. The PSLREB was created when the Public Service Labour Relations Board (PSLRB) and the Public Service Staffing Tribunal (PSST) merged. This PSLRB website is in the process of being phased out in favour of the new PSLREB website. During a period of transition, this PSLRB website will continue to provide archived reports, decisions, and transitional information. Please visit the new PSLREB website for the most recent content.

Before you contact the PSLRB (general questions)

I work in a private company, and I provide service to the public. Does that mean that I am in the public service?

Likely not, if your employer is a private company. Employees of the federal public service work for the federal government.

I work in a restaurant (or as a gardener or a truck driver). Am I excluded from using the PSLRB’s services?

Not necessarily; your job title is not the only factor. Rather, the question is whether your employer is the federal government.

Therefore, for example, if the restaurant is the Parliamentary cafeteria, if you maintain the grounds at the Governor General’s residence or if you drive trucks at a Canadian Forces base, you may well be employed by the federal government. However, if you perform any of those functions in the private sector, we suggest that you contact the provincial agency responsible for dealing with labour relations matters in your province.

Does the PSLRB deal with any and every labour relations problem in the workplace?

No. Our mandate is limited to employees of the federal government and of Canada’s parliament. “Employee” is defined in section 2 of the Public Service Labour Relations Act. Even then, the PSLRB will get involved in your dispute only after you have completed your department’s grievance process.

go to top

Is the PSLRB a branch of the Public Service Commission?

No. The Public Service Commission is an agency within the core public administration for which the Treasury Board is the employer. Please see the Public Service Commission’s website for more details.

I work for the federal government in a management position, and I am not in a union. Can I use the PSLRB’s services?

There are situations when a federal public service employee who is in a management exclusion position can file a grievance with his or her employer. In some cases, such as for a disciplinary action resulting in a financial penalty (termination, suspension, etc.), the employee can refer the grievance to adjudication after completing the grievance process in his or her department or agency. Please refer to the PSLRB’s guide to individual grievances.

I work for the federal government as an external contractor, on a short-term contract (casual of less than 90 days) or in special short-term work such as during the census or during an election. Can I access the PSLRB’s grievance services?

Unfortunately not. You may wish to consult a lawyer.

go to top

I work for the federal government, but my problem is with the bargaining agent that represents me. Can I make a complaint against my bargaining agent?

The Public Service Labour Relations Act provides the following: “no employee organization that is certified as the bargaining agent for a bargaining unit, and none of its officers and representatives, shall act in a manner that is arbitrary or discriminatory or that is in bad faith in the representation of any employee in the bargaining unit.” If you believe that that is the case and wish to file a complaint, you may wish to review the PSLRB’s guide to fair representation.

My problem involves internal appointments or layoffs or is about the implementation of corrective measures previously ordered or the revocation of appointments. Can the PSLRB help?

The PSLRB does not have a mandate for staffing issues. Please refer to the websites of the Public Service Commission or the Public Service Staffing Tribunal. One of them may be able to address your question.

go to top

For federal charter industries such as broadcasting, banking, interprovincial transportation (air, land and water), longshoring and grain handling, do you receive grievances?

The PSLRB does not have responsibility for employees in those types of industries. The Canada Industrial Relations Board (CIRB) has jurisdiction for about 800 000 employees engaged in federal jurisdiction industries and may have jurisdiction over your industry. Please refer to the CIRB’s website for contact information.

For private sector employees in Nunavut, the Yukon and the Northwest Territories, do you receive grievances?

Please see the answer to the previous question.

My federal government employer is slow to send my paycheque. Can the PSLRB help me?

As a quasi-judicial tribunal, the Public Service Labour Relations Board must provide information in an unbiased and neutral fashion and cannot advocate in any manner for individual employees, bargaining agents or employers.

If you feel there has been an error or irregularity in the calculation, preparation or delivery of your pay, you may always contact the pay advisor in Human Resources in your department or organization.

If you are represented by a bargaining agent (union), your collective agreement may specify terms and conditions surrounding the calculation, preparation or delivery of your pay and you should contact your bargaining agent if you need assistance.

Should you wish to present a grievance on this issue, you will need your bargaining agent’s support. The grievance must be first presented in your department or organization. You will also need the support of your bargaining agent to refer your grievance to adjudication before an unbiased, neutral adjudicator if you have presented it at all levels of the grievance process and you are not satisfied with the decision that the employer rendered at the final level.

If you are not represented by a bargaining agent, you can still present a grievance in your department or organization. However, you will not be able to refer your grievance to adjudication if you are not satisfied with the decision that the employer rendered at the final level of the grievance process. You may want to seek legal advice on the options that are open to you.