FPSLREB Decisions

Decision Information

Wall v. Canada Customs and Revenue Agency

Collection FPSLREB Decisions
Decision Rendered 2003-10-06
Citation 2003 PSSRB 87
File Number 166-34-32489
Before Yvon Tarte
Decision Type Labour Relations
Subject Terms Weather
Summary:

No summary has been written for this decision. Please refer to the full text.

Decision Content



Public Service Staff Relations Act

Coat of Arms - Armoiries
  • Date:  2003-10-06
  • File:  166-34-32489
  • Citation:  2003 PSSRB 87

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]      On February 15, 2001, there was a snowstorm in Summerside, Prince Edward Island. The Taxation Centre was open for the day shift but was closed for the afternoon shift, which starts at 2:30 p.m.

[2]      At 7:30 a.m. on February 15, 2001, the grievor left a message with her team leader indicating that she would not come into work since her daughter was ill. Given that Ms. Wall had no leave for family related responsibilities to her credit, she stated that she would take leave without pay.

[3]      At approximately 11 a.m., she was able to make arrangements to have her mother care for her child.

[4]      Ms. Wall then attempted to get to work. She got as far as Bloomfield before she decided to turn around and go back home because of difficult road conditions. The grievor requested leave with pay for other reasons in the amount of 4.5 hours 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.

[5]      Given the weather conditions on February 15, 2001, the taxation office was closed for the afternoon shift starting at 2:30 p.m. It takes approximately one hour for the grievor to get to work. Assuming she had left her residence prior to 11:30 a.m., she could have been at work at 12:30; but the employer was advising employees not to come in for the afternoon.

[6]      I will therefore grant Ms. Wall 3 hours of leave under clause 53.01, being the time between 12:30 p.m. (her estimated time of arrival had there been no snow storm) and 3:30 p.m., at which time her shift would have ended.

[7]      This grievance is allowed in part

Yvon Tarte,
Chairperson

OTTAWA, October 6, 2003.

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