Index

• Author: Christopher Rootham
• Pages: 759-777

759

Index

Note: References in italic and bold refer to f‌igures and tables, respectively.

“Ability to pay,” 312–13

Access to Information Act, 126, 434,

496–97, 546

Accessible Canada Act, 597–98, 686

accessibility commissioner and, 133

Act of Parliament, 428, 430, 615

alternative procedure for redress pro-

vided under, 492–98

Acting appointment, 568, 606

core public administration, 460

part of rotational system, 570

revoked by FPSLREB, 597

term appointment vs, 569–70

unfair advantage, 595

Adjudication, matters referred to, 49,

507–38

allegations of harassment, 535

demotion, discipline resulting in, 523

deployment, 530–32

disciplinary action vs dismissal under

the PSEA, 514–21

disciplinary vs administrative actions,

509–13

f‌inancial penalty, discipline resulting in,

521–23

human rights, 534–35

non-disciplinary terminations and

demotions, 524–30

pay vs classif‌ication, 532–33

settlement agreements, 536–38

Administrative redress, 49, 340, 341

alternative ground of, 694

exclusive mechanism for, 542

provided under Act of Parliament,

492–98

Advertised appointment, 575–76

All-employee bargaining units, 205–9

Allowances and increments, terms and

conditions of, 442–43

Alternation, 450–51

Annual allowance, 474

Anti-union animus, 334

Appointment. See also Stang

according to merit. See Appointment

according to merit

acting. See Acting appointment

advertised, 575–76

internal, 563

non-advertised, 575–76

PSC legal power to make, 80

rate of pay on, 437–42

under Statistics Act, 84–85

term. See Term appointment

Appointment according to merit, 14–21,

576–603

complaints to FPSLREB, 581–99

760 | LABOUR AND EMPLOYMENT LAW IN THE FEDERAL PUBLIC SERVICE

Crown employees and, 31–33

introduction in Canada, 33–37

justif‌ication of, 15–16, 17

PSC or deputy head, investigations by,

599–603

external appointment and limited

internal appointment, 599–600

fraud investigation, 600–1

political inf‌luence, 600

remedies, 601–3

Appointments under Public Service

Employment Act, 553–614

candidates eligible for selection, limita-

tion to, 572–76

area of selection, 574–75

internal and external selection pro-

cesses, 572–74

competitions, 556–57

incumbent-based stang, 612–14

legal architecture of appointment and

recourse, 560–65

meaning of, 565–72

merit principle, 576–603

overview, 553–59

scope of appointment rules, 559

priorities for appointment, 603–8

f‌inal statutory priorities, 607–8

regulatory priorities, 606–7

statutory priorities, 604–5

Appropriate bargaining unit, 7, 178,

189–219

board review of bargaining units, 213–15

Canada Industrial Relations Board, 184

determining which unit position

belongs to, 215–19

employees transferred into, 180

legislative presumption of, 198

circumstances when not followed

plan of classif‌ication, 211–13

def‌inition of plan of classif‌ication,

209–11

Ontario public sector model, 193–95

preference for large bargaining units,

205–9

exceptions, 212, 215

private sector bargaining unit deter-

mination, 191–93

rules governing determination of, 179

US public sector model, 195–98

Arbitral awards

duration of, 316–17

failure to implement, 352–54

limitation on content of, 259–66

Arbitration, 302–17

arbitral award, duration of, 316–17

arbitration board, procedure establish-

ing, 302–3

“corrosive and narcotic” eect on

bargaining, 315–16

substance of, 304–14

Asset qualif‌ications, 563

Audi alteram partem rule, 695–96

Bad faith bargaining, 236, 251

complaint, 241, 242

wage demand, 245

Bargaining agents, 46, 116–18, 119

bad faith bargaining complaint and,

241–42

card-based certif‌ication for, legislation

eliminating, 62

choice of dispute resolution by, 62,

230–31

collective agreement, implementation

of, 353–54

def‌inition, 152

duty of fair representation, 358–62

employee organizations as, 355–57

grievances alleging breach of collective

agreement, approval and rep-

resentation by, 498–99

negotiation with, 53–54

successor rights of, 180–82

Bargaining unit

appropriate bargaining unit, 7, 178,

189–219

Canada Industrial Relations Board,

method of determining, 84

certif‌ied under PESRA, 683

determination under FPSLRA, 47–48,

198–219

legislative presumption of, 198

circumstances when not followed

plan of classif‌ication, 211–13

def‌inition of plan of classif‌ication,

209–11