3,377 result(s)
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226.
Gee v. Deputy Head (Department of Public Safety and Emergency Preparedness) - 2022 FPSLREB 58 - 2022-07-13
FPSLREB Decisions - Labour RelationsExtension of time
Time limit
1. Clear, cogent, and compelling reasons for the delay [11] The bargaining agent made an administrative error, which resulted in the grievance being referred to adjudication late. [...] Again, while this administrative oversight is an understandable reason for the delay, it must also be weighed against the other Schenkman criteria. [...] [35] For all of the above reasons, the Board makes the following order:
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227.
Setlur v. Canada Revenue Agency - 2022 FPSLREB 59 - 2022-07-13
FPSLREB Decisions - Labour RelationsJob performance
Termination (non-disciplinary)
[7] For the reasons that follow, the grievance is denied. It was reasonable for the employer to find the grievor’s performance unsatisfactory. [...] For this reason, these taxpayers were referred to throughout the hearing as “registrants”. [...] · The employee is provided with reasonable levels of supervision and instruction;
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228.
Parker v. Deputy Head (Correctional Service of Canada) - 2022 FPSLREB 57 - 2022-07-06
FPSLREB Decisions - Labour RelationsExtension of time
Jurisdiction
Time limit
In assessing the reason that the applicant provided for the delay, I must ask myself, is the reason easily understood, compelling, and convincing? [...] In this case, and for the reasons outlined later in this decision, I find that the applicant failed to provide a “clear, cogent and compelling reason” for the delay. [...] It was up to the applicant to provide clarifications as to the reason for the delay, but the reason given, when analyzed in light of the evidence, is woefully lacking.
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229.
Statistics Survey Operations v. Public Service Alliance of Canada - 2022 FPSLREB 56 - 2022-06-29
FPSLREB Decisions[17] For these reasons, I find that this proposal is not included in the terms of reference. [...] [49] For these reasons, I find that this proposal can be included in the terms of reference. [...] [50] For all of the above reasons, I make the following order. (The Order appears on the next page)
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230.
Bah v. Deputy Head (Canada Border Services Agency) - 2022 FPSLREB 55 - 2022-06-28
FPSLREB Decisions - Labour RelationsBorder services officer
Discrimination
Misconduct
REASONS FOR DECISION FPSLREB TRANSLATION I. Individual grievance referred to adjudication [...] [75] According to Ms. Martinho, the grievor’s departure from the course did not differ from those of other participants who left for some reason. [...] [280] For all of the above reasons, the Board makes the following order:
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231.
Chin v. Treasury Board (Canada Border Services Agency) - 2022 FPSLREB 53 - 2022-06-23
FPSLREB Decisions - Labour RelationsBorder services officer
Child care
Discrimination
Remedy
Work schedule
Her application was once again denied, for the same operational reasons. [...] 105. Under the third Johnstone factor, the Grievor has not demonstrated that reasonable efforts have been expended to meet her childcare obligations through reasonable alternative solutions, and that no such alternative solution is reasonably accessible. [...] The questions posed by the third criterion are, did the grievor make reasonable efforts to meet her childcare obligations through reasonable alternative solutions?
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232.
Professional Institute of the Public Service of Canada v. Canada Revenue Agency - 2022 FPSLREB 54 - 2022-06-23
FPSLREB Decisions - Labour RelationsI provided them with an oral summary of my reasons, which I have elaborated in the reasons that follow. [...] IV. Reasons [106] Turning now to the grievance, I will examine the parties’ arguments and provide my reasons for decision under the following questions: [...] [182] For all of the above reasons, the Board makes the following order:
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233.
Burlacu v. Treasury Board (Canada Border Services Agency) - 2022 FPSLREB 51 - 2022-06-22
FPSLREB Decisions - Labour RelationsBurden of proof
Occupational health and safety
Refusal to work
III. Reasons A. The legal framework that applies to this complaint [...] [132] In my view, Mr. LeFrank’s reasons for not accepting a direct reporting relationship seem perfectly reasonable, particularly given his pending retirement. [...] [155] For all of the above reasons, the Board makes the following order:
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234.
White v. Treasury Board (Correctional Service of Canada) - 2022 FPSLREB 52 - 2022-06-22
FPSLREB Decisions - Labour RelationsBurden of proof
Occupational health and safety
Refusal to work
Reprisal
III. Reasons A. The legal framework that applies to this complaint [...] [137] If CSC had a clear reason for disciplining Mr. White for violation of its policies, it would be reasonable to expect it could identify the author of the notice convening a disciplinary hearing. [...] [173] For all of the above reasons, the Board makes the following order:
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235.
Canadian Union of Public Employees v. Treasury Board - 2022 FPSLREB 50 - 2022-06-15
FPSLREB Decisions - Labour RelationsBargaining agent
Certification
Decision review
Successor rights
REASONS FOR DECISION I. Matter before the Board [1] On April 21, 2022, the Canadian Union of Public Employees (CUPE) and the Canadian Union of Public Employees, Local 104 (“CUPE, Local 104”) (“the applicants”), applied to the Federal Public Sector Labour Relations and Employment Board (“the Board”) to obtain an amendment to [...] [12] Pursuant to s. 79(1) of the Act, the employee organization that, by reason of a transfer of jurisdiction, succeeds another employee organization that is a bargaining agent is deemed to have acquired the rights, privileges, and duties of its predecessor in respect of the bargaining unit and an employee in the bargaining [...] [14] For all of the above reasons, the Board makes the following order:
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236.
Hébert v. Treasury Board (Canada Border Services Agency) - 2022 FPSLREB 49 - 2022-06-09
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION FPSLREB TRANSLATION I. The grievance and the complaints [...] IV. Analysis and reasons A. The disciplinary measure imposed on Ms. Hébert [...] [112] For all of the above reasons, the Board makes the following order:
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237.
Abi-Mansour v. Public Service Alliance of Canada - 2022 FPSLREB 48 - 2022-06-06
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Jurisdiction
On July 27, 2018, the Board denied the request for interim relief and provided the following reasons: [...] For reasons not relevant to this complaint, Statistics Canada cancelled the secondment and banned him from entering its buildings. [...] [84] For all of the above reasons, the Board makes the following order:
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238.
Holowaty v. Deputy Head (Correctional Service of Canada) - 2022 FPSLREB 44 - 2022-06-01
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
These reasons were also elaborated in the employer’s grievance reply. [...] These are the reasons my case must be heard in the adjudication process. [...] [39] For all of the above reasons, the Board makes the following order:
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239.
Musolino v. Canada Revenue Agency - 2022 FPSLREB 47 - 2022-06-01
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Complaint before the Board [1] On November 30, 2021, Tony Musolino (“the complainant”) filed an unfair labour practice complaint with the Federal Public Sector Labour Relations and Employment Board (“the Board”) against both his employer, the Canada Revenue Agency (“the respondent” or “the [...] CRA contends that the Policy involves health and safety, and the employer’s obligation to take every precaution reasonable, in the circumstances, for the protection of the health and safety of employees absent an analysis of the data and evidence to support the scope of the Policy. [...] [29] For all of the above reasons, the Board makes the following order:
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240.
Musolino v. Professional Institute of the Public Service of Canada - 2022 FPSLREB 46 - 2022-06-01
FPSLREB Decisions - Labour RelationsThe advice it received was that it was probable that an adjudicator would uphold the policy as reasonable. [...] The following paragraphs reflect that board’s reasoning in dismissing the complaint summarily: [...] [40] For all of the above reasons, the Board makes the following order:
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241.
Scott v. Deputy Head (Department of Transport) - 2022 FPSLREB 45 - 2022-06-01
FPSLREB Decisions - Staffing ComplaintsJurisdiction
For the reasons that follow, his complaint is dismissed. II. Chronology of events [...] A clear and full explanation of the reasons for the outcome was not provided. [...] [54] For all of the above reasons, the Board makes the following order:
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242.
Barbe v. Treasury Board (Correctional Service of Canada) - 2022 FPSLREB 42 - 2022-05-25
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION FPSLREB TRANSLATION I. Application before the Board [...] Deadlines exist for a good reason, which is to ensure the most efficient process possible. [...] [52] For all of the above reasons, the Board makes the following order:
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243.
Gueye v. Treasury Board (Canada Border Services Agency) - 2022 FPSLREB 41 - 2022-05-25
FPSLREB Decisions - Labour RelationsChild care
Discrimination
Duty to accommodate
Work schedule
The employer recognized its duty to accommodate with a fixed full-time schedule for other reasons; i.e., medical or religious reasons. [...] ... [96] The third factor requires the complainant to demonstrate that reasonable efforts have been expended to meet those childcare obligations through reasonable alternative solutions, and that no such alternative solution is reasonably accessible. [...] (iii) The grievor made reasonable efforts to meet his childcare obligations through reasonable alternative solutions, and no such alternative solution was reasonably accessible.
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244.
Yott v. Treasury Board (Correctional Service of Canada) - 2022 FPSLREB 43 - 2022-05-25
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievance referred to adjudication [...] ... [12] For the same reasons as found in Brennan, I conclude that there is no value in using scarce Board resources to schedule a hearing again that the grievor is most likely not to attend, for the reasons noted in this decision. [...] [14] For all of the above reasons, the Board makes the following order:
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245.
Lessard-Gauvin v. Treasury Board (Canada School of Public Service) - 2022 FPSLREB 40 - 2022-05-19
FPSLREB Decisions - Labour RelationsExtension of time
Grievance procedure
Time limit
REASONS FOR DECISION FPSLREB TRANSLATION I. Application before the Board [...] [13] In this case, the delay is justified by clear, cogent, and compelling reasons. [...] IV. Analysis and reasons [28] This application was made under s. 61(b) of the Regulations, which reads as follows:
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246.
Cranton v. Treasury Board (Royal Canadian Mounted Police) - 2022 FPSLREB 37 - 2022-05-16
FPSLREB Decisions - Labour Relations•clear, cogent and compelling reasons for the delay; •the length of the delay; [...] [35] The grievor has provided a reason for the delay. However, the reason is not cogent and compelling. [...] [47] For all of the above reasons, the Board makes the following order:
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247.
Fragomele v. Canada Revenue Agency - 2022 FPSLREB 39 - 2022-05-16
FPSLREB Decisions - Labour Relationsa. Clear, cogent, and compelling reasons for the delay [77] The grievor advanced no clear, cogent, or compelling reason for the lengthy delay. [...] [103] The reason the grievance was so delayed was that at the time of the staffing process, the grievor had no reason to believe that the employer would not follow its staffing policy. [...] [160] For all of the above reasons, the Board makes the following order:
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248.
Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN v. Treasury Board (Correctional Service of Canada) - 2022 FPSLREB 38 - 2022-05-16
FPSLREB Decisions - Labour RelationsGrievance procedure
Policy grievance
[2] For the following reasons, the employer’s objection to the Board hearing this grievance is dismissed, and its adjournment request is denied. [...] [...] IV. Reasons [8] The employer argues that the bargaining agent referred the policy grievance to the Board for adjudication prematurely. [...] [22] For all of the above reasons, the Board makes the following order:
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249.
Lafrance v. Deputy Head (Canada Border Services Agency) - 2022 FPSLREB 36 - 2022-05-13
FPSLREB Decisions - Staffing ComplaintsREASONS FOR DECISION I. Preliminary issue: standing [1] Michelle Lafrance (“the complainant”) is at present a senior program analyst with the Canada Border Services Agency (CBSA, “the respondent”). [...] The complainant pointed out that this was not apparent in the solicitation of interest, which was another reason she did not respond to it. [...] [48] For all of the above reasons, I make the following order: (The Order appears on the next page)
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250.
Weinstein v. Deputy Head (Correctional Service of Canada) - 2022 FPSLREB 35 - 2022-05-09
FPSLREB Decisions - Labour RelationsProcedure
For the reasons that follow, the applicant’s request is granted. II. History of the proceedings [...] There is no reason to doubt this. It is entirely reasonable to assume that there is an indication or a likelihood that these sums, as specified by the respondent, will eventually be paid to the applicant. [...] [26] For all of the above reasons, the Board makes the following order: