FPSLREB Decisions
Decision Information
The grievor, a Canada Border Services Agency (CBSA) employee, was suspended from work for 2.5 hours because he wore a union bracelet on his watchband instead of around his wrist – the CBSA initially claimed that the suspension was administrative, but at the hearing, it conceded the grievance – the suspension was overturned, and the CBSA was ordered to compensate the grievor for lost pay and benefits, with interest.
Grievance allowed.
Decision Content
Date: 20230214
File: 566-02-10752
Citation: 2023 FPSLREB 15
| Labour Relations and
Federal Public Sector Labour
Relations Act
|
|
Between
Pedro Sousa-Dias
and
(Canada Border Services Agency)
Indexed as
Sousa-Dias v. Deputy Head (Canada Border Services Agency)
In the matter of an individual grievance referred to adjudication
Before: Nancy Rosenberg, a panel of the Federal Public Sector Labour Relations and Employment Board
For the Grievor: Sibel Ataogul and Lian Francis, counsel
For the Respondent: Marc Séguin, counsel
Heard via videoconference
January 25, 2023
REASONS FOR DECISION
|
I.
Individual grievance before the Board
[1] The grievor, Pedro Sousa-Dias was suspended from work for 2.5 hours on November 21, 2012 for wearing a union bracelet hanging from his watch band, and not complying with a direction that it could be worn only around his wrist.
[3] After considering the representations of the parties, the Board makes the following order.
(The Order appears on the next page)
II.
Order
[4] The grievance is allowed, and the suspension overturned.
[5] The respondent will compensate the grievor for any pay or benefits lost due to his 2.5-hour suspension.
[6] The respondent will pay the grievor interest on the amount owed, calculated at the policy interest rate set by the Bank of Canada, for each year from the date of suspension to the date of payment.
Nancy Rosenberg,
a panel of the Federal Public Sector
Labour Relations and Employment Board