3,377 result(s)
-
2,851.
Professional Association of Foreign Service Officers v. Treasury Board - 2004 PSSRB 27 - 2004-04-14
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
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.
-
2,852.
Spawn v. Parks Canada Agency - 2004 PSSRB 25 - 2004-04-05
FPSLREB Decisions - Labour RelationsEmployee status
Fraud
Job description
Reinstatement
Dr.Sheard described the symptomatology and reasons for his diagnosis. [...] In the present case, it is the employer's position that the disciplinary demotion is within the reasonable range of response to repeated thefts. [...] Ms.Whitfield's reasoning for his discipline was that he only did it once, so he was returned to his full-time position.
-
2,853.
Boucher et al v. Treasury Board (Human Resources Development Canada) - 2004 PSSRB 24 - 2004-03-30
FPSLREB Decisions - Labour RelationsDesignated position
Financial penalty
Insubordination
Strike
There had to be a reasonable apprehension of danger, such that any other reasonable person would reach the same conclusion. [...] [47] On September 11, 2001, an additional reason should have led the grievors to take the buses. [...] [49] For all these reasons, the grievors had no legitimate reason for refusing to board the buses on September 7 and 11, 2001.
-
2,854.
Gale v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 23 - 2004-03-24
FPSLREB Decisions - Labour RelationsRecusal
Further on, counsel writes, "It is simply not reasonable for the trier of fact and counsel to re-immerse ourselves in the case and become sufficiently familiar with the evidence or the nuances and inferences to be drawn from the evidence." [...] Nor is there any reasonable apprehension of bias. . [15] I am of the view that that very question, which was raised before the Court, was fully canvassed by the Court, as evidenced by paragraph 18 of the judgement.
-
2,855.
Communications, Energy and Paperworkers Union of Canada v. House of Commons - 2004 PSSRB 22 - 2004-03-22
FPSLREB Decisions - Labour RelationsTerms of reference
(c) 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
-
2,856.
Canadian Merchant Service Guild v. Treasury Board - 2004 PSSRB 21 - 2004-03-19
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
-
2,857.
Professional Institute of the Public Service of Canada v. Canadian Nuclear Safety Commission - 2004 PSSRB 19 - 2004-03-18
FPSLREB Decisions - Labour RelationsBargaining unit
Certification
Representation vote
Service and shall establish bargaining units coextensive with the classes, groups or subgroups established by the plan, unless any such bargaining unit would not permit satisfactory representation of the employees to be included in it and, for that reason, would not constitute a unit appropriate for collective bargaining. [...] [47] Paying employees differently does not necessarily alter a classification plan if the reason for the pay differential is not related to classification but rather to market factors. [...] Reasons for Decision [57] The applicant is seeking the initial certification of a bargaining unit composed of all the employees of the CNSC who are in the TS and SE pay bands or subgroups.
-
2,858.
Ryan v. Treasury Board (Department of National Defence) - 2004 PSSRB 18 - 2004-03-16
FPSLREB Decisions - Labour RelationsDiscrimination
Harassment
Jurisdiction
Union activity
Mr. Newman noted that the decision pre-dated Boutilier (supra), but that the reasoning in the decision had not been altered by the more recent decisions of the Federal Court of Appeal. [...] Reasons for Decision Jurisdiction [45] Section 91 of the PSSRA establishes the right of an employee to file a grievance and, consequently, the jurisdiction of an adjudicator to hear that grievance: [...] Also, the adjudicator did not have the benefit of the reasons in the Federal Court of Appeal in Mohammed et al (supra).
-
2,859.
Loyer v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 17 - 2004-03-01
FPSLREB Decisions - Labour RelationsCompensation
Medical examination
Termination (disciplinary)
For that reason, Mr. Cyr decided to inform management in order to help Mr. Loyer and reassure the other employees. [...] The employer considered that it had reasonable grounds for wanting to ascertain Mr. Loyer's state of health. [...] Reasons [84] First, it is appropriate to consider the nature of the measure imposed by the employer.
-
2,860.
Loyer v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 16 - 2004-03-01
FPSLREB Decisions - Labour RelationsFinancial penalty
Harassment
"harassment means any improper behaviour by a person that is directed at and/or is offensive to any employee and which that person knew or ought reasonably to have known would be inappropriate and unwelcome. [...] Reasons [21] On reading the investigation report and in the light of the testimony, there is no doubt that Mr. Loyer's attitude towards Ms. Nadon is wrong and constitutes harassment. [...] [33] For these reasons, I dismiss the grievance. Jean-Pierre Tessier,
-
2,861.
Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada (UCCO-SACC-CSN) v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 15 - 2004-02-24
FPSLREB Decisions - Labour RelationsPolicy grievance
Withholding of salary
Reasons for Decision [22] Clause 10.07 of the collective agreement reads as follows: [...] For these reasons, the reference must be denied. [28] Having said this, I note that the employer agrees to make such deductions in the future and that the parties are discussing, in the current round of negotiations, a text that would reflect the employer's agreement to the bargaining agent's demand.
-
2,862.
Parker et al. v. Treasury Board (National Archives of Canada) - 2004 PSSRB 13 - 2004-02-19
FPSLREB Decisions - Labour RelationsReclassification
Retroactive pay
Terminable allowance
[11] During his testimony, Denis Martel explained the reasoning behind the employer's decision. [...] Reasons for decision [31] In these matters, the grievors are claiming payment of the terminable allowance retroactive to October 1, 1998. [...] (i) in respect of a position, or in respect of the positions in a group by reason of duties of a special nature,
-
2,863.
Public Service Alliance of Canada v. National Capital Commission - 2004 PSSRB 12 - 2004-02-18
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
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.
-
2,864.
Bratrud v. Office of the Superintendent of Financial Institutions Canada - 2004 PSSRB 10 - 2004-02-16
FPSLREB Decisions - Labour RelationsHarassment
Job performance
Jurisdiction
The employer, in an email to Mr. Eadie dated March 25, 2003, refused to disclose corporate information for confidentiality reasons. [...] [38] Mr. McGraw submitted that this was the case for a number of reasons. [...] For good reason, this is not a matter that is adjudicable and an adjudicator should not take jurisdiction.
-
2,865.
Gingras v. Treasury Board (Citizenship and Immigration Canada) - 2004 PSSRB 7 - 2004-02-13
FPSLREB Decisions - Labour RelationsJob performance
Jurisdiction
Premium pay
Work assignment
Therefore, the reasons for the recall should come under a magnifying glass. [...] [36] There was no subterfuge to remove the grievor from his posting for no good reason. [...] [51] For these reasons, the grievance is denied. Marguerite-Marie Galipeau,
-
2,866.
Public Service Alliance of Canada v. Communications Security Establishment, Department of National Defence - 2004 PSSRB 5 - 2004-02-02
FPSLREB Decisions - Labour RelationsArbitral award Jurisdiction
Retroactive pay
Terms of reference
[18] For the reasons expressed above, I find that the bargaining agent's proposal regarding wage rates related to the UNISON classification plan would, to the extent that it seeks to have those rates apply retroactively, encroach upon that section.
-
2,867.
Stockdale et al v. Treasury Board (Fisheries and Oceans Canada) - 2004 PSSRB 4 - 2004-01-30
FPSLREB Decisions - Labour RelationsPersonal leave
Volunteer leave
Work schedule
LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS ... 55.02 Personal Leave [...] The reasons are persuasive because they relate to a similar leave provision, with similar contract language. [...] Personal Leave is defined as a day of leave with pay "for reasons of a personal nature."
-
2,868.
Mackie v. Treasury Board (Solicitor General Canada – Correctional Service) - 2004 PSSRB 3 - 2004-01-27
FPSLREB Decisions - Labour RelationsAbuse of authority
Credibility
Financial penalty
Harassment
There is no reason why abuse of the latter authority should have different consequences than abuse of the former. [...] In view of this, the 20-day financial penalty is reasonable and should be maintained by the adjudicator. [...] The reason why this standard should be applied is that the allegations are serious.
-
2,869.
Sincère v. National Research Council of Canada - 2004 PSSRB 2 - 2004-01-23
FPSLREB Decisions - Labour RelationsDiscrimination
Harassment
Jurisdiction
Term employee
Time limit
She indicated that the reason was that she had received no reply at the final level. [...] [29] There is therefore no reason to consider the reasons why the contract was not renewed, since the grievor does not allege that the reason was a disguised disciplinary measure but claims that her employment was not renewed as it should have been because she rebuffed her supervisor's and co-worker's improper advances. [...] [45] The record shows reasons of discrimination and harassment are the very pith and substance of the grievance.
-
2,870.
Schenkman v. Treasury Board (Public Works and Government Services Canada) - 2004 PSSRB 1 - 2004-01-21
FPSLREB Decisions - Labour RelationsExtension of time
Jurisdiction
Overtime
Mr. Schenkman has not demonstrated that he had such reasons for the delay. [...] • clear, cogent and compelling reasons for the delay; • the length of the delay; [...] [76] Mr. Schenkman relies on two reasons for the delay in the filing of a grievance.
-
2,871.
Lajoie v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 117 - 2003-12-22
FPSLREB Decisions - Labour RelationsActing pay
Job description
Reasons for decision [22] It is true that the adjudicator may not intervene in the area of classification.
-
2,872.
Dhudwal et al v. Canada Customs and Revenue Agency - 2003 PSSRB 116 - 2003-12-18
FPSLREB Decisions - Labour RelationsComplaint
Jurisdiction
Recruiting
"In an unreasonable manner, done capriciously; not done or acting according to reason or judgment; not based on rationale, on established policy; not the result of a reasoning applied to relevant considerations; discriminatory (i.e. difference of treatment or denial of normal privileges to persons because of their race, [...] Reasons for Decision [23] Section 91(1) of the PSSRA reads as follows: [...] For these same reasons, the complaints must be dismissed since no right to grieve was denied as these staffing matters and specifically the staffing recourse cannot be subject of a grievance under the PSSRA.
-
2,873.
Chopra v. Treasury Board (Health Canada) - 2003 PSSRB 115 - 2003-12-17
FPSLREB Decisions - Labour RelationsCanadian Charter of Rights and Freedoms
Public criticism
The media and government hype over anthrax was scaring Canadians for no good reason. [...] Any reasonable person would deem the grievor's comments to be appropriate. [...] [107] For all of these reasons, the grievance is denied. Yvon Tarte,
-
2,874.
Professional Institute of the Public Service of Canada v. Treasury Board - 2003 PSSRB 113 - 2003-12-11
FPSLREB Decisions - Labour RelationsUnion dues
27.06 The amounts deducted in accordance with clause 27.01 shall be remitted to the Institute by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf. [...] [41] There are a number of possible reasons for the delay in the issuance of a letter of offer, including increased mobility in the public service and understaffing in human resources. [...] Reasons for Decision [47] There is little dispute between the parties on the facts raised in this application.
-
2,875.
Hospitality and Service Trade Union, Local 261 v. Staff of the Non-Public Funds, Canadian Forces - 2003 PSSRB 111 - 2003-12-08
FPSLREB Decisions - Labour RelationsTerms of reference
(4) The chairperson of a conciliation board and one other member constitute a quorum, but in the absence of a member at any sitting of the board the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.