3,377 result(s)
-
2,926.
McMahon v. The Senate of Canada - 2003 PSSRB 50 - 2003-06-23
FPSLREB Decisions - Labour RelationsContracting out
Time limit
Waiver
In a further extension of this reasoning, Judge René Lippé ruled in Le Syndicat national des employés de l'Aluminum (sic) d'Arvida Inc. et L'Aluminum (sic) Company of Canada Ltd. (Arvida) [(1960)], unreported]: [...] Thus, in summary, the majority of awards rendered in the Common Law Provinces of Canada and all the Quebec ones reviewed by the chairman of the arbitration board, reasoned that an express prohibition is needed in the agreement if management is to be denied this particular form of directing the establishment. [...] [56] I agree with the reasoning of Mr. Weatherill, which must be applied to this case.
-
2,927.
Blackburn v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 49 - 2003-06-20
FPSLREB Decisions - Labour RelationsCorrectional officer
Crime
Leave without pay
Reinstatement
Sick leave
Termination (disciplinary)
She had no reason to agree to a sick leave without pay application without documentation. [...] Therefore, it is reasonable to conclude that the indefinite suspension is unwarranted. [...] Reasons for Decision [281] There is no great contradiction in the evidence.
-
2,928.
King v. Treasury Board (Revenue Canada - Customs, Excise & Taxation) - 2003 PSSRB 48 - 2003-06-20
FPSLREB Decisions - Labour RelationsBorder services officer
Illegal strike
The purpose of this is for no other reason than to protect the welfare of the employees. [...] Mr. Sheridan testified to the reasons for which Customs Inspectors would use discretion in calling an assist. [...] Therefore, I see no reason to mitigate the employer's discipline and the grievance is therefore dismissed.
-
2,929.
Canadian Union of Professional and Technical Employees v. Treasury Board - 2003 PSSRB 47 - 2003-06-19
FPSLREB Decisions - Labour RelationsBargaining agent
Bargaining unit
Certification
The bargaining agent explained that referral to arbitration would henceforth apply in the case of disputes to which it may be party by reason of the bargaining unit.
-
2,930.
Oliver v. Canada Customs and Revenue Agency - 2003 PSSRB 43 - 2003-06-11
FPSLREB Decisions - Labour RelationsBreach of trust
Conflict of interest
Evidence
Termination (disciplinary)
The termination letter (Exhibit E-26) provided the following reasons for his termination: [...] It is for that reason that he requires assurances from Canada Customs and Revenue Agency. [...] REASONS FOR DECISION [80] There are three issues to be determined in this grievance.
-
2,931.
Professional Institute of the Public Service of Canada v. Treasury Board - 2003 PSSRB 42 - 2003-06-09
FPSLREB Decisions - Labour RelationsBargaining agent
Terms 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
-
2,932.
White v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 40 - 2003-06-05
FPSLREB Decisions - Labour RelationsHoliday
Work schedule
It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure or cost by reason only of such variation. [...] [24] The variable hours process was created for administrative reasons. [...] Reasons for Decision [33] In their collective agreement, the parties have addressed the issue of designated holidays and variable shift schedules.
-
2,933.
Bolton v. Treasury Board (Indian and Northern Affairs Canada) - 2003 PSSRB 39 - 2003-06-03
FPSLREB Decisions - Labour RelationsCompensation
Estoppel
Mr. Gaudet disputed the reasons given by Mr. Bolton, stating that the more likely reason that Mr. Bolton did not accept this position was that he did not want INAC to recover the overpayment from his pension if he left INAC to go to teach at another school board. [...] From the evidence it is clear that there were other reasons in Mr. Bolton's mind for accepting a position and staying at the Jamieson School. [...] The reasons that I explained in my findings on the issue of estoppel, apply here as well.
-
2,934.
Chadwick v. Canadian Food Inspection Agency - 2003 PSSRB 38 - 2003-05-09
FPSLREB Decisions - Labour RelationsActing pay
Classification
Job description
Jurisdiction
Time limit
By this statement, one could reasonably conclude that all of this is truly about dissatisfaction with classification. [...] And in examining Mr. Giguère's reasons for finding that Dr. Shearer did not substantially perform the duties of the Inspection Manager, he relied heavily on the testimony of Mr. Murray. [...] Since this was, in the Court's view, "clearly a case of a remuneration grievance", there was no reason to decline jurisdiction.
-
2,935.
Cherrier v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 37 - 2003-05-07
FPSLREB Decisions - Labour RelationsJurisdiction
Termination (disciplinary)
The dismissal is clearly motivated by the employer for the disciplinary reasons set out in the August 3, 2001 letter (Exhibit G-6). [...] [26] The PSSRB has jurisdiction to decide the grievance objecting to the dismissal for disciplinary reasons. [...] The reason for his decision relies mainly on the following finding of fact:
-
2,936.
Brecht v. Treasury Board (Human Resources Development Canada) - 2003 PSSRB 36 - 2003-05-05
FPSLREB Decisions - Labour RelationsBreach of trust
Reinstatement
Termination (disciplinary)
This work-related reason was not disputed during his cross-examination. [...] The reason for the discharge cited in the letter (Exhibit G-6) was: ".. [...] However, we do know this is one of the reasons for the employer's decision to terminate.
-
2,937.
Maloney v. Parks Canada Agency - 2003 PSSRB 35 - 2003-04-30
FPSLREB Decisions - Labour RelationsBreach of trust
Misconduct
Qualification
Termination (disciplinary)
Again, his testimony was that he had no reason to believe that the grievor had no driver's license. [...] Three years is not a reasonable period of time for the employer to accommodate the grievor. [...] [82] For all of the reasons noted above, this grievance is dismissed.
-
2,938.
Owens v. Treasury Board (Royal Canadian Mounted Police) - 2003 PSSRB 33 - 2003-04-23
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
Union representative
This was not a reasonable length of time to allow a person to reach the required level of competence. [...] . . . . The employer cannot rely on subsection 28(2) to reject employees without giving a bona fide reason.. [...] This is so because. a lack of discipline or misbehaviour on the part of the employee is a reason for the employer to reject him; it may also be a reason warranting a discharge.
-
2,939.
Fletcher v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 30 - 2003-04-14
FPSLREB Decisions - Labour RelationsCorrectional officer
Occupational health and safety
Refusal to work
[5] In particular, Mr. Justice Décary states as follows in his reasons for judgment, at paragraph 15:
-
2,940.
Beal v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 29 - 2003-04-10
FPSLREB Decisions - Labour RelationsPenological factor allowance
For these reasons, I find that no additional payments of the PFA are necessary in this matter.
-
2,941.
Archambault v. Canada Customs and Revenue Agency - 2003 PSSRB 28 - 2003-03-24
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
Termination (non-disciplinary)
[59] In the reasons for decision in Penner (supra), Marceau J. commented as follows: [...] A distinction must be made between an employment related reason and "just cause". [...] [66] The burden of proof rests with the grievor to show that the rejection on probation is a disguised termination for disciplinary reasons.
-
2,942.
Chénier v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 27 - 2003-03-18
FPSLREB Decisions - Labour RelationsJurisdiction
Remedy
From May 29, 2001, when he received his termination letter until his adjudication hearing, he was not told the specific reason for being terminated. [...] It was for that reason he was seeking damages. Argument for the Grievor [...] Also, there is absolutely no question in my mind Mr. Chénier knew at the very beginning that one of the reasons for termination was the issuing of the bank card.
-
2,943.
Sullivan v. Canadian Security Intelligence Service - 2003 PSSRB 26 - 2003-03-17
FPSLREB Decisions - Labour RelationsJurisdiction
Qualification
Termination (non-disciplinary)
[18] Ms. Sullivan explained that she was sceptical about "E.F.'s" role for several reasons. [...] Ms. Sullivan explained the reasons why she came to this conclusion. One of the reasons was that "E.F.'s" office was located on the same floor as IS. Assuming that this reason, given the context of this case, would have put "E.F." in an appearance of conflict between her duties, I still would not find this evidence [...] [50] I do not have here to review the reasons why the employer revoked Ms. Sullivan's security clearance.
-
2,944.
Singh v. Treasury Board (Public Works and Government Services Canada) - 2003 PSSRB 25 - 2003-03-14
FPSLREB Decisions - Labour RelationsCompensation
Letter of understanding
(b) The Employer shall make every reasonable effort to have the appropriate authorities reinstate the Grievor's Canada Pension Plan contributions for the year 2000.
-
2,945.
Boivin v. Canada Customs and Revenue Agency - 2003 PSSRB 23 - 2003-03-13
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
Refusal to work
Time limit
127.1 (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident or injury to health arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights [...] [20] The employer alleges that Mr. Boivin had ninety days to file a complaint with the Board and these ninety days commenced when "... the complainant knew or reasonably ought to have known of the circumstances giving rise to the complaint" (paragraph 41 of the employer's written submission). [...] In this case, the Complainant had a reasonable expectation of receiving WSIB benefits, and absent of any evidence to the contrary, the length of time that it took to render a decision suggests that the matter was considered very carefully before a decision was rendered.
-
2,946.
Katchin v. Canadian Food Inspection Agency - 2003 PSSRB 24 - 2003-03-13
FPSLREB Decisions - Labour RelationsAggressive behaviour
Credibility
Remedy
She felt total disbelief and shock, then recognition of its happening because she had no reason to doubt Dr. Powell, a very professional, intelligent woman, with no reason to bring this up. [...] Dr. Rathlou has no reason to doubt the truthfulness of Dr. Powell's statement. [...] There is no reason to doubt Dr. Powell's honesty. There is good reason to doubt Dr. Katchin, for the reasons stated above.
-
2,947.
Copeland v. Treasury Board (Solicitor General Canada - Correctional Service) - 2003 PSSRB 19 - 2003-03-10
FPSLREB Decisions - Labour RelationsActing pay
Retroactive pay
Wage rate
[36] If a reasonable person considers procedural fairness, why did the employer, who solicited the help of the grievor in accepting the WP-5 acting assignment, promote him to an indeterminate position and two years later apply a pay calculation detrimental to him? [...] REASONS FOR DECISION [40] The grievor bears the burden of proof in a case involving the interpretation or application of the collective agreement. [...] [50] For all of the above reasons, this grievance is allowed. The employer is ordered to pay the grievor the salary owed to him based on the following calculations:
-
2,948.
Chouinard v. Treasury Board (Indian and Northern Affairs Canada) - 2003 PSSRB 21 - 2003-03-07
FPSLREB Decisions - Labour RelationsWork schedule
[4] The employer submitted that the decision to shorten the fire season to three and one-half months was based on sound operational reasons as statistics showed that few, if any, fires occur during the first two weeks of May. Mr. Chouinard was advised by the employer of the shortened fire season in his recall letter.
-
2,949.
Lévesque v. Canada Customs and Revenue Agency - 2003 PSSRB 18 - 2003-03-03
FPSLREB Decisions - Labour RelationsDiscretionary leave
Harassment
Sick leave
The reason for my letter, as the person treating Mr. Lévesque, is as follows: [...] (c) to find a reasonable solution to resolve the patient's state of mental health before it deteriorates. [...] Reasons for decision [44] I must first decide on grievance 166-34-31394 related to article 22 of the collective agreement.
-
2,950.
Nadeau v. Canada Customs and Revenue Agency - 2003 PSSRB 17 - 2003-02-27
FPSLREB Decisions - Labour RelationsJurisdiction
Pay equity
Salary level
For all these reasons, the grievance is denied. Joseph W. Potter, Vice-Chairperson.