What happened to cases that were filed under the Public Service Staff Relations Act (PSSRA) and were still open on April 1, 2005?
The PSLRB continues to process all files that remained open at the Public Service Staff Relations Board (PSSRB) — there is no need to re-file. Labour relations matters that were filed with the PSSRB, such as certification applications and determinations of managerial or confidential employees, are dealt with in accordance with the legislative provisions set out in the PSLRA, and the rules of procedure set out in the Regulations must be followed. However, where a notice to bargain was given prior to the coming into force of the PSLRA, and the bargaining agent had selected conciliation/strike as its dispute resolution method, the “designation” process of the PSSRA continues to apply until a new collective agreement is entered into. Complaints that were filed with the PSSRB are also dealt with in accordance with the PSLRA, with the following exceptions: • complaints that were filed under paragraph 23(1)(b) of the PSSRA respecting the failure of a party to give effect to an arbitral award