FPSLREB Decisions
Decision Information
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Decision Content
Public Service Staff Relations Act
- 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.