FPSLREB Decisions

Decision Information

Wall v. Canada Customs and Revenue Agency

Collection FPSLREB Decisions
Decision Rendered 2003-10-06
Citation 2003 PSSRB 88
File Number 166-34-32490
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:  166-34-32490
  • Citation:  2003 PSSRB 88

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. The grievor resides in Elmsdale, some 66 kilometres northwest of the taxation centre.

[2]      On March 23, April 2 and April 3, 2001, there were snowstorms on the west side of Prince Edward Island. Ms. Wall missed her entire scheduled shift (15.5 hours) on March 23, was 45 minutes late on April 2 and one hour late on April 3, 2001.

[3]      In normal conditions, the drive from the grievor's residence to her place of work takes approximately one hour. On March 23, 2001, the grievor stated that there was snow and blowing snow. She phoned her office to advise she would not be reporting to work.

[4]      On April 2 and 3, 2001, road conditions were slippery with some blowing snow and, as a result, Ms. Wall reported late to work.

[5]      The grievor requested 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]      In support of her case the grievor referred to Cloutier and Treasury Board (Board file 166-2-21838) while the employer discussed the principles set out in 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 does not appear to have made significant efforts to get to work on March 23, 2001. The granting of leave under clause 53.01 requires serious and diligent effort on the grievor's part to get to work.

[8]      With respect to April 2 and 3, 2001, the grievor was late coming in. Given the road conditions and the distance she must travel to get to work, it behooved her to leave early enough to get to work on time. Again, there was no indication that Ms. Wall made significant efforts to get to work on time.

[9]      This grievance is therefore denied.

Yvon Tarte,
Chairperson

OTTAWA, October 6, 2003.

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