3,378 result(s)
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2,676.
Jones v. Treasury Board (Department of National Defence) - 2005 PSLRB 49 - 2005-06-03
FPSLREB Decisions - Labour RelationsMisconduct
The third level reply from Diane McCusker, Director General Employee Relations dated 29 December 2003 advised that the grievance was partially allowed to the extent that the one-day suspension was confirmed as reasonable in the circumstance, but the mention of the suspension of the DND 404 licence was to be removed from the
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2,677.
Treasury Board v. UNION OF CANADIAN CORRECTIONAL OFFICERS - SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA - CSN - 2005 PSLRB 47 - 2005-06-01
FPSLREB Decisions - Labour RelationsDesignated position
REASONS FOR DECISION Before: Yvon Tarte, Chairperson (Decided without an oral hearing) [...] Reasons [4] On the basis of the agreement of the parties, the Board makes the order that follows: [...] Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been so distributed to employees in those positions.
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2,678.
Casey v. Treasury Board (Public Works and Government Services Canada) - 2005 PSLRB 46 - 2005-05-20
FPSLREB Decisions - Labour RelationsIntoxication
Off-duty conduct
Termination (disciplinary)
1. A reasonable person would consider that the reputation of the employer has been harmed by Mr. Casey's conduct. [...] Reasons [151] As indicated in the letter of termination, there are two main reasons why Mr. Casey was dismissed. [...] [196] For all of the above reasons, I make the following order: Order
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2,679.
Chaves v. Treasury Board (Correctional Service Canada) - 2005 PSLRB 45 - 2005-05-20
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
Refusal to work
Reasons [51] In regard to Mr. Ignazzitto’s reference to Mr. Chaves’ actions, I conclude the following. [...] [78] As for the requested remedy, I see no reason to order an apology by the employer to Mr. Chaves. [...] [79] For all of the above reasons, the Board makes the following order:
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2,680.
Tanguay v. Statistical Survey Operations - 2005 PSLRB 43 - 2005-05-11
FPSLREB Decisions - Labour RelationsComplaint
Expense allowance
Occupational health and safety
Reprisal
REASONS FOR DECISION Before: Sylvie Matteau, Vice-Chairperson For the Complainant: Michel Houle, Public Service Alliance of Canada [...] However, the employer’s inaction could also be a violation of section 147 of the Code and for this reason, the argument cannot be accepted. [...] [27] For these reasons, the Board makes the following order: Order
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2,681.
Palmer v. Canadian Security Intelligence Service Employees’ Association - 2005 PSLRB 41 - 2005-05-05
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Employee organization
Reasons for decision Before: Sylvie Matteau, Vice-Chairperson For the Complainant: Himself and Gaétan Couturier, counsel [...] Reasons [16] The question before the Board, at this stage of the procedings, is to determine whether or not the Employees’ Association is a “bargaining agent for a bargaining unit” and, therefore, is capable of being the subject of a complaint seeking to enforce the statutory duty of fair representation. [...] For all the above reasons, the Board makes the following order: Order
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2,682.
Bungay et al. v. Treasury Board (Department of Public Works and Government Services) - 2005 PSLRB 40 - 2005-04-27
FPSLREB Decisions - Labour RelationsActing pay
Classification
Jurisdiction
REASONS FOR DECISION Before: Ian R. Mackenzie, adjudicator For the Grievors: Alan Phillips, Professional Institute of the Public Service of Canada [...] I have concluded that the evidence is relevant and have discussed it in the reasons below. [...] Reasons [56] Ms. Cleveland, Ms. Bungay and Ms. LeClair have all claimed acting pay, commencing on October 1, 1998.
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2,683.
Brisson and Dubeau v. Canadian Food Inspection Agency - 2005 PSLRB 38 - 2005-04-22
FPSLREB Decisions - Labour RelationsPremium pay
Rest period
Work schedule
REASONS FOR DECISION Before: Sylvie Matteau, Adjudicator For the Grievors: Glen Chochla, Public Service Alliance of Canada [...] (b) For employees who are governed by clause 24.04(a) and who perform meat inspection duties, the Employer will make every reasonable effort to [...] [43] For these reasons, I make the following order: Order [44] The grievances are allowed.
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2,684.
Twiddy v. Treasury Board (Department of Human Resources and Development Canada) - 2005 PSLRB 37 - 2005-04-20
FPSLREB Decisions - Labour RelationsAbsence certification
Breach of security
Designated position
Strike
In the present case, the employer has no reason to doubt the grievor's sickness. [...] For these reasons, I have come to the conclusion that the discipline is merited. [...] For these reasons, this grievance is denied. [137] For all of the above reasons, I make the following order:
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2,685.
Professional Institute of the Public Service of Canada v. Treasury Board - 2005 PSLRB 36 - 2005-04-18
FPSLREB Decisions - Labour RelationsTerminable allowance
REASONS FOR DECISION Before: Joseph W. Potter, Vice-Chairperson For the Applicant: Dougald E. Brown, Counsel [...] Reasons [37] In The Queen v. Canadian Air Traffic Control Association (supra), the Federal Court of Appeal examined Section 51 (as it then was) of the PSSRA, and wrote, at paragraph 24: [...] [46] For all the above reasons, the Board makes the following order:
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2,686.
Leary v. Treasury Board (Department of National Defence) et al. - 2005 PSLRB 35 - 2005-04-15
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
Refusal to work
I believe this failure constitutes a danger to all employees for the following reason. [...] He was not responding to any reasonable semblance of danger as per the Code. [...] [50] The reason that the decision was made was not one of retaliation.
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2,687.
Palmer v. Treasury Board (Department of National Defence) - 2005 PSLRB 34 - 2005-04-13
FPSLREB Decisions - Labour RelationsPremium pay
Work schedule
REASONS FOR DECISION Before: Joseph W. Potter, adjudicator For the Grievor: [...] 29 For whatever reason, the parties have agreed that a Weekend Premium is owing to an employee who works on shifts (plural). [...] 32 For all of the above reasons, I make the following order: Order
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2,688.
Sumaling v. Treasury Board (Correctional Service of Canada) - 2005 PSLRB 32 - 2005-04-11
FPSLREB Decisions - Labour RelationsEducation allowance
Qualification
[35] I agree with the reasoning and the result of the Krenus, supra, decision. [...] I think it is also reasonable to conclude that education in psychology is education in mental health. [...] [46] For all the above reasons, I make the following order: Order [47] For all of the above reasons, the grievance is allowed.
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2,689.
Treasury Board v. Union of Canadian Correctional Officers - CSN - 2005 PSLRB 31 - 2005-04-08
FPSLREB Decisions - Labour RelationsDesignated position
Reasons for decision Before: Sylvie Matteau, Vice-Chairperson (Decided without an oral hearing) [...] Reasons [4] On the basis of the agreement of the parties, the Board makes the order that follows: [...] Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been so distributed to employees in those positions.
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2,690.
Hodgson et al. v. Treasury Board (Transport Canada) - 2005 PSSRB 30 - 2005-03-31
FPSLREB Decisions - Labour RelationsConsultation
Management rights
Work schedule
The requirement for consultation is similar to the requirement that decision-makers provide reasons. [...] The fact that management discussed shift work in 2000 in management meetings was just reasonable management practice. [...] REASONS FOR DECISION [107] Counsel for the employer raised in final arguments the retroactive aspects of the grievances.
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2,691.
Joly v. Senate of Canada - 2005 PSSRB 28 - 2005-03-31
FPSLREB Decisions - Labour RelationsBreach of security
Misuse of InternetE-Mail
Termination (disciplinary)
[49] Superintendent Raymond Pitre explained the facts of the case of Constable C., the isolated nature of the action, and the reasons the employer imposed only a reprimand in that case. [...] [59] A grievance adjudicator has the power to intervene in disciplinary matters, taking into consideration the reasonableness of the penalty imposed. [...] Reasons for decision [66] As a constable at the Senate Protective Service, Mr. Joly was responsible for the security of the Senate, its premises and offices, its employees, its visitors and the Senators themselves.
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2,692.
Lajoie v. Judd - 2005 PSSRB 29 - 2005-03-31
FPSLREB Decisions - Labour RelationsActing pay
Complaint
Reasons for decision [16] In ruling on the objection by the employer with regard to the issue of conflict of interest, we must refer to the wording of the PSSRA: [...] [20] In Re Emerald Transport, [2000] CIRB no. 91 (QL), the Canada Industrial Relations Board dismisses a motion to disqualify and finds that no reasonable apprehension of bias exists because a Board Member who has recently rendered a decision involving parties hears a new complaint between the same parties.
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2,693.
Monteiro v. Treasury Board (Canada Space Agency) - 2005 PSSRB 27 - 2005-03-24
FPSLREB Decisions - Labour RelationsJurisdiction
Term employee
Termination (non-disciplinary)
I consider that I have been the victim of a constructive dismissal since no valid reason has been given to me, and the duties I performed have not come to an end and will be performed by students who work without pay. [...] Reasons for decision [10] The relevant legislative provisions are the following: [...] I do not believe that this is the case, for the following reasons. [12] First, the employer did not have to take any specific steps to that end, as it would have had to do, for example, to send the grievor for training, or to lay him off in order to terminate his employment.
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2,694.
Myers v. Treasury Board (Correctional Service of Canada) - 2005 PSSRB 26 - 2005-03-24
FPSLREB Decisions - Labour Relations37.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical
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2,695.
Rioux v. Treasury Board (Department of Citizenship and Immigration) - 2005 PSSRB 24 - 2005-03-23
FPSLREB Decisions - Labour RelationsBurden of proof
Complaint
... 3-Q. Reasons for this meeting. A. Diane L’Heureux responded to a survey on staffing at our department. [...] If, for any reason, the Manager cannot be contacted, Regional Staff Relations Advisors are available to be consulted on a confidential basis by any employee who has a concern. [...] [53] For these reasons, I dismiss Ms Rioux’s complaint. Jean-Pierre Tessier,
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2,696.
Terms of reference of the arbitration board (CATCA v. Treasury Board) - 2005 PSSRB 25 - 2005-03-23
FPSLREB Decisions - Labour RelationsTerms of reference
(d) The need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
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2,697.
Rinke v. Canadian Food Inspection Agency - 2005 PSSRB 23 - 2005-03-18
FPSLREB Decisions - Labour RelationsExtension of time
Grievance procedure
(ii) The length of the delay is reasonable; (ii)[sic] There is a reasonable explanation for the delay; [...] (ii) The length of the delay is reasonable; (iii) There is a reasonable explanation for the delay; [...] [16] Depending upon a number of facts, five months may be reasonable or unreasonable.
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2,698.
Cloutier v. Treasury Board (Department of Citizenship and Immigration) - 2005 PSSRB 21 - 2005-03-11
FPSLREB Decisions - Labour RelationsComplaint
Time limit
He argued that a complaint must be submitted within a reasonable timeframe. [...] [24] Mr. Cloutier reiterated that he had to be absent for health reasons in the fall of 2001 and that he wanted the union's advice to fine-tune the wording of his complaint. [...] Reasons for the decision [25] The employer raised a point of law regarding the timeframe for the submission of the complaint.
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2,699.
Professional Institute of the Public Service of Canada v. Canadian Food Inspection Agency - 2005 PSSRB 22 - 2005-03-11
FPSLREB Decisions - Labour RelationsTerms of reference
(d) The need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and [...] [7] I note that the employer, with reason, has not characterized its objection to the inclusion of the impugned proposal as a jurisdictional one.
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2,700.
Public Service Alliance of Canada v. Canadian Security Intelligence Service - 2005 PSSRB 20 - 2005-02-24
FPSLREB Decisions - Labour RelationsTerms of reference
(d) The need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and