FPSLREB Decisions
Decision Information
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Decision Content
Public Service Staff Relations Act
- Date: 2003-10-06
- File: 166-34-31536
- Citation: 2003 PSSRB 86
Before the Public Service Staff Relations Board
BETWEEN
THERESA WALL
Grievor
and
CANADA CUSTOMS AND REVENUE AGENCY
Employer
EXPEDITED ADJUDICATION
DECISION
Before: Yvon Tarte, Chairperson
For the Grievor: Cécile La Bissonnière, Public Service Alliance of Canada
For the Employer: Marc Lapierre
Note: The parties have agreed to deal with the grievance by way of
expedited adjudication. The decision is final and binding on the
parties and cannot constitute a precedent or be referred for judicial
review to the Federal Court.
Heard at Ottawa, Ontario,
September 29, 2003.
[1] At the time of this grievance, Ms. Wall worked as a PM-1 at the Canada Customs and Revenue Agency (CCRA) Taxation Centre in Summerside, Prince Edward Island.
[2] On March 9, 1999, the grievor failed to report to work because of inclement weather conditions. Ms. Wall, whose work period for that day was nine (9) hours, resides in Elmsdale, some 66 kilometres northwest of the taxation centre.
[3] Ms. Wall contacted the government garage at 6:05 a.m. to ascertain road and weather conditions. She attempted to get to work first at 6:15 a.m. and then at 12 noon. On her first attempt, the grievor made it to Highway 2 before turning back. At 7:00 a.m., Ms. Wall contacted her team leader to advise of her situation. The team leader was again contacted several times throughout the afternoon. The grievor finally noted that the road she lives on was plowed a couple of times during the day but it just kept filling back in within the hour.
[4] Ms. Wall has lower back problems stemming from a car accident six years prior to this incident. The pain she feels is intensified by the stress which poor driving conditions trigger.
[5] The grievor requested nine (9) hours of paid leave for other reasons pursuant to clause 53.01 of the relevant collective agreement which reads:
53.01 At its discretion, the Employer may grant: (a) leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld; (b) leave with or without pay for purposes other than those specified in this Agreement.
[6] The grievor relied on Cloutier and Treasury Board (Board file 166-2-21838) whereas the employer referred to Sanderson and Treasury Board (Board file 166-2-13521), Strickland and Treasury Board (Board file 166-2-14697) and Johnson and Treasury Board (Board file 166-2-21750).
[7] The grievor's representative claims that Ms. Wall made every reasonable effort to get to work and should not be expected to put her own safety at risk.
[8] The employer's representative believes that the grievor did not make a sufficient effort to get to work on March 9, 1999.
[9] No other employee of the centre was prevented from getting to work because of the snow conditions on that day. Furthermore, several employees, some of whom reside further away than the grievor, used Highway 2 to get to work.
[10] During the grievance process, Ms. Wall was awarded three (3) hours of leave with pay for other reasons in keeping with leave provided to others for that day.
[11] I must conclude that Ms. Wall did not make every reasonable effort to get to work on March 9, 1999. The employer's partial denial of leave pursuant to clause 53.01 was not unreasonable.
[12] This grievance is therefore denied.
Yvon Tarte,
Chairperson
OTTAWA, October 6, 2003.