3,377 result(s)
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3,101.
Young and Treasury Board (Indian and Northern Affairs Canada) - 1999-08-04
FPSLREB Decisions - Labour RelationsCredibility
Off-duty conduct
Sexual harassment
There was no reason for witness #2 to lie about these events, and her demeanour suggested something had taken place. [...] (a) that might reasonably be expected to cause offense or humiliation to any employee; or [...] The employer recognized the mitigating factors when deciding on the penalty and I see no reason to reduce it further.
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3,102.
Tinkham and Treasury Board (Fisheries and Oceans Canada) - 1999-08-03
FPSLREB Decisions - Labour RelationsAbandonment of grievance
Incapacity
Procedure
Termination (non-disciplinary)
Tinkham and Treasury Board (Fisheries and Oceans Canada), Tinkham et le Conseil du Trésor (Pêches et Océans Canada), 166-2-27748 Termination (non-disciplinary) - Procedure - Abandonment of grievance - the grievor filed a grievance against the termination of his employment for reason of medical incapacity - his bargaining
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3,103.
Federal Government Dockyard Chargehands Association and Treasury Board (National Defence) - 1999-07-30
FPSLREB Decisions - Labour RelationsDesignated position
Decision Page 2 employer is to make every reasonable effort to obtain any Forms 13 that have been so distributed.
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3,104.
Donald and Treasury Board (National Defence) - 1999-07-28
FPSLREB Decisions - Labour RelationsPosition
Workforce adjustment
either be presented with a reasonable job offer or be reoffered to relocate with his position - the adjudicator found that, in the circumstances, reoffering the grievor to relocate with his position, were no other reasonable job offers available to him, constituted a reasonable job offer under the WFAD. Grievance denied.
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3,105.
Lecompte and Treasury Board - 1999-07-21
FPSLREB Decisions - Labour RelationsJurisdiction
Term employee
Termination (disciplinary)
Lecompte and Treasury Board, Lecompte et le Conseil du Trésor, 166-2-28452 Term position - Non-renewal - Allegation of termination of employment for disguised disciplinary reasons - Jurisdiction - Section 25 of the Public Service Employment Act (PSEA) - Subsection 92(3) of the Public Service Staff Relations Act (PSSRA) -
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3,106.
Reekie and Thomson - 1999-07-21
FPSLREB Decisions - Labour RelationsComplaint
Decision review
Unfair labour practice
applicant applied for review of that decision - the Board found that the applicant was not alleging a change in circumstances, nor attempting to present new evidence or arguments that could not reasonably have been presented at the original hearing - the Board further found that there were no compelling reasons for review.
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3,107.
Public Service Alliance of Canada and Treasury Board - 1999-06-29
FPSLREB Decisions - Labour RelationsDesignated position
Financial penalty
Jurisdiction
Strike
Decision Page 4 reasonable chance of success on the merits and consider the harm that could be caused to the parties if the order were made (George W. Adams, Canadian Labour Law, Second Edition, Canada Law Book, pages 10-120 to 10-122.1 and Jeffrey Sack, C. Michael Mitchell and Sandy Price, Ontario Labour Relations Board [...] Reasons for decision Under section 21 of the PSSRA, "The Board shall administer this Act and exercise such powers and perform such duties as are conferred or imposed on it by, or as may be incidental to the attainment of the objects of, this Act...". [...] Such an order cannot, however, be rendered without a serious review of the case to determine whether the applicant has a reasonable chance of success.
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3,108.
Leonarduzzi and Treasury Board (Transport Canada) - 1999-06-28
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
Termination (non-disciplinary)
The submissions were taken under advisement and the following day I made my ruling on these issues which, in essence, directed the employer to provide some evidence as to the reasons for the purported rejection on probation (the reasons for decision are set out below). [...] The grievor has a right to know with some specificity the reasons for his termination. [...] I have no doubt that this does require the employer, through proper evidence, to demonstrate that there was indeed a “reason” for its actions.
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3,109.
Graves and Treasury Board (Revenue Canada - Customs, Excise and Taxation) - 1999-06-11
FPSLREB Decisions - Labour RelationsAggressive behaviour
Border services officer
She had no reason to, and Mr. Speck was simply being provocative. Now, why did Mr. Speck give Ms. Graves the computer printout if, as he said, he wanted to avoid her? [...] It was a reasonable thing for her to do given all the circumstances. After the event subsided, the employer stated that it investigated. [...] Mr. Young supported this version, and he has no reason to lie about the events.
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3,110.
Mailloux and Treasury Board (Solicitor General Canada - Correctional Service Canada) - 1999-06-09
FPSLREB Decisions - Labour RelationsPenological factor allowance
Exhibit E-6 shows the real reason why Mr. Mailloux’s PFA was changed: he is not responsible for inmates. [...] Reasons for decision First of all, I have to determine whether Mr. Mailloux assumes additional responsibilities for the custody of inmates within the meaning of article M-26.02 of the collective agreement and whether he is exposed to an immediate danger. [...] Were the terms “Continual” or “Frequent” not defined in the collective agreement, there would be reason, no doubt, to look outside the collective agreement for some understanding of what exactly these terms mean.
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3,111.
Aircraft Operations Group Association and Treasury Board - 1999-06-01
FPSLREB Decisions - Labour RelationsDesignated position
The employer is to make every reasonable effort to obtain the Form 13 if it has been so distributed.
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3,112.
McElrea and Treasury Board (Industry Canada) - 1999-06-01
FPSLREB Decisions - Labour RelationsProcedure
I have carefully considered the position put forward by counsel for the employer this morning and agree that there are no valid legal reasons for me to recuse myself of this case.
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3,113.
Batiot and Treasury Board (Justice Canada) - 1999-05-27
FPSLREB Decisions - Labour RelationsBreach of trust
Fraud
Termination (disciplinary)
Theft
The employer says that it had reasonable cause to discharge Ms. Batiot. [...] It is clear that she dipped into the petty cash for her own personal reasons. [...] It would not be correct or reasonable to reinstate Ms. Batiot in the department.
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3,114.
Audate and Treasury Board (Veterans Affairs Canada) - 1999-05-20
FPSLREB Decisions - Labour RelationsDiscrimination
Jurisdiction
Negligence
The Adjudicator was correct when he concluded that he was without jurisdiction to hear the applicant's grievance by reason of subsection 91(1). [...] In the reasons for decision, Simpson J. also commented as follows at pages 455, 456 and 457: [...] (a) that the complainant ought to exhaust grievance or review procedures otherwise reasonably available, or
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3,115.
Bouchard and Treasury Board (Veterans Affairs Canada) - 1999-05-20
FPSLREB Decisions - Labour RelationsDiscretionary leave
Estoppel
Weather
Mr. Bouchard's absence could not be attributed to negligence, to a personal failing or any other reason; the reason was the ice storm. [...] The only document adduced in evidence was the letter of March 31, 1998, which unjustly reduced the reasons for the absence to a single reason. [...] The decision not to accept a recommendation had to be supported by written reasons.
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3,116.
Ling and Treasury Board (Veterans Affairs Canada) - 1999-05-13
FPSLREB Decisions - Labour RelationsAdmissible evidence
Burden of proof
Job performance
Remedy
Termination (disciplinary)
Mr. Ling asked the reason for this. She responded that he knew the reason. [...] Mr. Ling asked the reason for his suspension and Ms. Paris responded. [...] “Reasonableness is presumed”, and Mr. Ling’s interpretation of these documents is reasonable.
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3,117.
Kullman and Treasury Board (Citizenship and Immigration Canada) - 1999-05-11
FPSLREB Decisions - Labour RelationsBreach of trust
Crime
Termination (disciplinary)
On October 15, 1995, Ms. Chansiri arrived in Toronto, as I have referred to above in respect of my reasons on Count 1. [...] I am satisfied beyond a reasonable doubt of his membership in the conspiracy as I have already described it. [...] In this case however, for the reasons noted above, the grievor chose not to exercise that right.
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3,118.
Czmola, Feldsted, Fabris and Llewellyn and Garwood-Filbert - 1999-04-29
FPSLREB Decisions - Labour RelationsComplaint
Standing
Unfair labour practice
Union representative
(d) a position the occupant of which has duties and responsibilities not otherwise described in this subsection and who in the opinion of the Board should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; and [...] The reasons given by Ms.. Ray for the continued union membership of Ms. Garwood-Filbert do not apply to her acting as a Unit Manager which should have resulted in her withdrawal from the union and from all union offices. [...] Conclusions and Reasons for Decision Subsections 23(1) and 8(1) of the PSSRA state the following: 23.
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3,119.
Czmola, Feldsted, Fabris and Llewellyn and Public Service Alliance of Canada - 1999-04-29
FPSLREB Decisions - Labour RelationsBargaining unit
Certification
Excluded position
(d) a position the occupant of which has duties and responsibilities not otherwise described in this subsection and who in the opinion of the Board should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; and [...] The reasons given by Ms.. Ray for the continued union membership of Ms. Garwood-Filbert do not apply to her acting as a Unit Manager which should have resulted in her withdrawal from the union and from all union offices. [...] Conclusions and Reasons for Decision Subsections 43(2) and 40(1) of the PSSRA read as follows: 43.(2) Where the Board, on application to it by the employer or any employee, determines that a bargaining agent would not, if it were an employee organization applying for certification, be certified by the Board by reason of a
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3,120.
Feldsted, Czmola, and Llewellyn and Treasury Board of Canada and Correctional Service of Canada - 1999-04-29
FPSLREB Decisions - Labour RelationsComplaint
Standing
Unfair labour practice
Union representative
(d) a position the occupant of which has duties and responsibilities not otherwise described in this subsection and who in the opinion of the Board should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; and [...] The reasons given by Ms.. Ray for the continued union membership of Ms. Garwood-Filbert do not apply to her acting as a Unit Manager which should have resulted in her withdrawal from the union and from all union offices. [...] Conclusions and Reasons for Decision Subsections 23(1) and 8(1) of the PSSRA state the following: 23.
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3,121.
Leadbetter and Treasury Board (Solicitor General Canada - Correctional Service) - 1999-04-29
FPSLREB Decisions - Labour RelationsMisconduct
Reinstatement
Termination (disciplinary)
Theft
Mr. Powis again described non-scrap material as that which may be used in another project within a reasonable time period and can be stored somewhere. [...] He said Mr. Smith could have refused to make the boxes if there had not been enough scrap wood, but the grievor agreed it would be reasonable to assume that Mr. Smith would make the boxes. [...] He added that he had no reason to expect that good wood would be used to make the boxes and that he did not know what inmate Whynot was thinking when he made the boxes.
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3,122.
Canada Council of Teamsters and Canadian Food Inspection Agency and Professional Institute of the Public Service of Canada - 1999-04-28
FPSLREB Decisions - Labour RelationsBargaining agent
Bargaining unit
Certification
Displacement
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.
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3,123.
Boudreault and Treasury Board (Passport Office) - 1999-04-26
FPSLREB Decisions - Labour RelationsAdmissible evidence
Procedure
Termination (disciplinary)
Mr. LeFrançois argued that the grounds for the employer's presentation of Exhibit E21 and of the related evidence is that this second series of charges constitute a further reason for termination and there is reason to conclude that the relationship of trust has been irreparably broken. [...] and stated that the employer would not have been able, through a reasonable investigation, to discover the grievor's subsequent infractions. [...] I added that Ms. Boudreault would be well advised to inform her counsel of the position and case law presented by the employer in support of its motion to expand the reasons for termination of employment.
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3,124.
Treasury Board and Professional Institute of the Public Service of Canada - 1999-04-23
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
Reasons for Decision Section 78 of the PSSRA deals with designated positions, and subsection 78.2(1) says: [...] The reasons he advances for this proposition are in the interest of what can best be described as strategic collective bargaining. [...] He is not saying every position in the two bargaining units has duties the performance of which is necessary for safety or security reasons, but rather that all the positions should be designated for strategic reasons.
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3,125.
Jalal and Treasury Board (Solicitor General Canada - Correctional Service Canada) - 1999-04-21
FPSLREB Decisions - Labour RelationsCorrectional officer
Crime
Reinstatement
Termination (disciplinary)
Mr. Deslauriers added: [Translation] I have no reason to believe him if he is innocent. [...] That statement must be reasonable in the circumstances and the circumstances must be such that it would be reasonable to conclude that an employee could not be trusted in the future. [...] I find that the employer's statement that the bond of trust has been irreparably broken is not reasonable in the circumstances and that the evidence reasonably shows that, in future, Mr. Jalal could be worthy of trust.