3,377 result(s)
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3,201.
Treasury Board and Public Service Alliance of Canada - 1998-05-13
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
No specific reasons for this suggestion were put forward by Mr. Brisson. [...] The only witness who spoke to the reasons for the delay was Angèle Régimbald. [...] Reasons for Decision I believe that the extension of time requested by the applicant should be granted.
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3,202.
Coles and Treasury Board (National Defence) - 1998-05-08
FPSLREB Decisions - Labour RelationsDuty to accommodate
Incapacity
Job performance
Termination (non-disciplinary)
Her grievance reads: I grieve management’s decision to terminate my employment for cause for non disciplinary reasons effective 31 May 1996. [...] Decision Page 13 her duties, there may be no alternative but to seek termination of her employment for non-disciplinary reasons. [...] For all these reasons, this grievance is denied. J. Barry Turner, Board Member OTTAWA, May 8, 1998.
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3,203.
Imperatore and Treasury Board (Revenue Canada - Customs, Excise and Taxation) - 1998-05-04
FPSLREB Decisions - Labour RelationsExtension of time
Insubordination
Jurisdiction
New issue
Procedure
The reason for this was Ms. Tilley would have someone else sit at the employee’s desk to do more urgent work, while the employee on overtime would perform work of a less urgent nature at another location. [...] However, for whatever reason, he chose not to inform her, if we believe him that he complied with the request.
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3,204.
O'Hagan and Treasury Board (Solicitor General Canada - Correctional Service) - 1998-05-04
FPSLREB Decisions - Labour RelationsMisconduct
The reason for the suspension is outlined in the “Disciplinary Action Report” filed as Exhibit E-2. [...] Decision Page 9 The fact there was information omitted from the briefing Mr. O’Hagan gave to Dr. Gopi is not, I believe, reason, in and of itself, for discipline. [...] For these reasons, the grievance is sustained. Mr. O’Hagan is to be reimbursed for four-days pay which has been deducted from him for this event.
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3,205.
Wolfe and Treasury Board (National Defence) - 1998-05-04
FPSLREB Decisions - Labour RelationsPublic Sector Compensation Act
Workforce adjustment
If the employer has decided to deny me pay-in-lieu, please respond by giving the reasons for such denial. [...] He added that I must also determine if the employer exercised its discretion, and if so, if it was exercised in a reasonable way. [...] For all these reasons, this grievance is denied. J. Barry Turner, Board Member.
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3,206.
Wilcott and Treasury Board (National Defence) - 1998-04-30
FPSLREB Decisions - Labour RelationsIncapacity
Medical examination
Occupational health and safety
Termination (non-disciplinary)
For that reason, I deny your grievance and therefore, the corrective measure requested will not be granted. [...] Is the “Occupational Health Assessment Guide” (Exhibit E-1) reasonable in its requirements? [...] Decision Page 9 For all these reasons, this grievance must be denied.
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3,207.
Kilby et al. and Public Service Alliance of Canada and Daryl Bean - 1998-04-27
FPSLREB Decisions - Labour RelationsCertification revocation
Complaint
Discrimination
Duty of fair representation
Jurisdiction
Unfair labour practice
We do not believe that he can bring about a positive working relationship among and with members of the National Executive for the following reasons . . . [...] 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 prohibition contained in section 40, the Board shall revoke the certification of the bargaining [...] There can be a myriad of reasons why the Board of Directors voted as they did; there is simply no evidence to suggest that bigotry, racism, sexism or any other improper consideration was behind their decision not to suspend Mr. Pascucci.
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3,208.
Vasilas and Treasury Board (Revenue Canada - Customs, Excise & Taxation) - 1998-04-24
FPSLREB Decisions - Labour RelationsFraud
Overtime pay
Reinstatement
Termination (disciplinary)
Mr. Wardhaugh recalled that Mr. Vasilas made reference to his car pooling arrangements as being the reason why he regularly arrived at work early. [...] Mr. Middlestead elaborated on his reasons for concluding that Mr. Vasilas’ employment should be terminated. [...] There is no reason to conclude that in one instance the bond of trust is broken yet it is not in the other.
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3,209.
Green and Treasury Board (Transport Canada) - 1998-04-06
FPSLREB Decisions - Labour RelationsAir traffic controller
Negligence
Reinstatement
Termination (disciplinary)
I agree with the reasoning of the Ontario Court of Appeal, and apply it to the present case. [...] Decision Page 11 Reasons for Decision The circumstances of this case pose something of a dilemma for the undersigned. [...] Accordingly, for the reasons noted above, the grievance is partially sustained.
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3,210.
Trevena and Treasury Board (Revenue Canada - Taxation) - 1998-04-06
FPSLREB Decisions - Labour RelationsBreach of confidence
Credibility
Misconduct
For these reasons you are immediately suspended from duty and such suspension will be for a period of twenty (20) working days. [...] It is reasonable to assume that, if in fact someone else made the calls, that person would have been seen by somebody. [...] For these reasons, I find the calls were worthy of some disciplinary response on the part of the employer.
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3,211.
Thomson and Treasury Board (Revenue Canada - Customs & Excise) - 1998-04-02
FPSLREB Decisions - Labour RelationsBorder services officer
Fraud
Termination (disciplinary)
She also added that sometimes the machine would kick in on its own for some strange reason. [...] Mr. Snyder argued nine reasons why the grievor’s termination was reasonable. 1. [...] For all these reasons, this grievance is denied. J. Barry Turner, Board Member.
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3,212.
Deigan and Treasury Board (Industry Canada) - 1998-03-31
FPSLREB Decisions - Labour RelationsMisconduct
Remedy
Termination (disciplinary)
For all these reasons, the grievance against Mr. Deigan's indefinite suspension is dismissed; the grievance against his discharge is allowed to the extent indicated above. [...] Reasons for Decision Counsel for the grievor is not disputing that the grievor's behaviour was reprehensible and deserving of some disciplinary sanction. [...] For all these reasons, the grievance against Mr. Deigan's indefinite suspension is denied and the grievance against his discharge is allowed to the extent indicated above.
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3,213.
Connors and Treasury Board (Revenue Canada - Taxation) - 1998-03-26
FPSLREB Decisions - Labour RelationsInsurance
Travel allowance
Decision Page 7 Accordingly, for all these reasons, the grievances are allowed.
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3,214.
Marleau and Treasury Board (Veterans Affairs Canada) - 1998-03-16
FPSLREB Decisions - Labour RelationsTravel allowance
Mr. Marleau was called back to work and, under clause NU-2.02, he is entitled to be reimbursed for reasonable expenses incurred, either (a) in using his automobile, or (b) in using a means of commercial transportation. [...] This clause refers to reasonable expenses and not additional expenses. [...] He is therefore entitled to reimbursement if reasonable expenses incurred in reporting for work.
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3,215.
Serniak and Bueckert and Treasury Board (Solicitor General Canada - Correctional Service) - 1998-03-03
FPSLREB Decisions - Labour RelationsAbsence certification
Correctional officer
Mental stress
Sick leave
Mr. Serniak testified he told Ms. Kubin that the reason for his sick leave was “stress related”. [...] These add up to ample reasons for the employer to question their Physician’s Certificates. [...] For the above-noted reasons, the grievance of Mr. Serniak is dismissed.
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3,216.
Daigle and Treasury Board (Solicitor General Canada - Correctional Service) - 1998-02-23
FPSLREB Decisions - Labour RelationsBreach of security
Correctional officer
Financial penalty
Given these facts and the seriousness of the incident, the penalty is entirely reasonable; counsel maintained that any reduction in the penalty would diminish any remedial effect it may have had on the grievor. [...] In the circumstances, Mr. Daigle reasonably assumed that Mr. Marshall had had an opportunity to speak with the Sheriff's Officers, and to obtain the warrant. [...] Reasons for Decision The issues which are raised by this case are clear: what responsibility devolved upon the grievor for the admitted breach of security procedures which occurred on October 17, 1996; secondly, how did the grievor’s responsibility for that breach compare with that of another Correctional Officer, Mr.
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3,217.
Hanf and Treasury Board (Citizenship and Immigration Canada) - 1998-02-16
FPSLREB Decisions - Labour RelationsBreach of trust
Fraud
But, as Ms. Oberst concluded, the grievor’s poor judgement in this matter required discipline, since the CIC cannot appear to be condoning the falsification of a health certificate, for any reason. [...] Argument for the Grievor Mr. Conn argued that the issue before me is one of reasonableness. [...] Since the employer has already reduced the original five-day suspension to three days, I see no reason to reduce it further.
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3,218.
Foreman and Treasury Board (Indian and Northern Affairs Canada) - 1998-01-28
FPSLREB Decisions - Labour RelationsJob description
Reasons for Decision With regard to the employer's preliminary objection that this grievance is not properly before me because there was no "written request" proven, as called for by the initial words of article M-32.01, I accept the union's countering estoppel argument. [...] For the reasons which I have given, this grievance is sustained. To paraphrase the concluding words of Littlewood et al.
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3,219.
Desrochers and Treasury Board (Solicitor General Canada - Correctional Service) - 1998-01-16
FPSLREB Decisions - Labour RelationsAbsenteeism
Correctional officer
Termination (disciplinary)
Various types of leave were claimed back to back for various reasons. [...] (The other reasons for the termination are given at the beginning of this decision.) [...] REASONS This grievance is denied for the following reasons. It is my view that the employer discharged the burden of proof and that it established on the weight of the evidence the facts alleged against Louis Desrochers.
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3,220.
Fontaine-Ellis and Treasury Board (Health Canada) - 1998-01-14
FPSLREB Decisions - Labour RelationsMisconduct
Reinstatement
Termination (disciplinary)
Reasons for Decision It is well established in the relevant jurisprudence that the letter of termination must set out the reasons for discharge (see Johnson v. Canada (1993), 70 F.T.R. 217). [...] Was management’s request of the grievor a reasonable one under these circumstances? [...] The grievor was dismissed for disciplinary reasons and not for incapacity.
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3,221.
Hutchinson and Treasury Board (Environment Canada) - 1998-01-14
FPSLREB Decisions - Labour RelationsComplaint
Duty to accommodate
Occupational health and safety
Refusal to work
Termination (disciplinary)
(1) Subject to this section, where an employee while at work has reasonable cause to believe that [...] It is my opinion that for medical reasons, Ms. Hutchinson is not able to work efficiently and effectively in the Queen’s Square workplace, and I believe that it is reasonable for her to refuse to work there unless and until her medical condition improves. [...] Mr. Bangay did not find her reasons for declining work in Exhibit E-24 very compelling.
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3,222.
Joss and Treasury Board (Agriculture and Agri-Food Canada) - 1998-01-13
FPSLREB Decisions - Labour RelationsEvidence
Harassment
Decision Page 9 I do not see any reason why the case reports would need to be revised to reflect this new information. [...] Ms. Archibald explained the reasons quite clearly in paragraph 22, page 8 of the Simmons report. [...] For these reasons therefore, the grievance is denied. J. Barry Turner, Board Member.
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3,223.
Tucci and Hindle - 1997-12-29
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Unfair labour practice
The reasons for concern were that some Stewards were not keeping PIPSC staff and the regional officers informed as to what was going on. [...] In this instance, it has been demonstrated that there was no legitimate reason in denying Luigi Tucci representation. [...] Decision Page 15 Reasons for Decision The Board’s authority to address complaints with respect to the representation of bargaining agents is found in subsection 10(2) of the Act, which states as follows: Fair representation 10.
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3,224.
Marinos and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-12-24
FPSLREB Decisions - Labour RelationsEmployee status
Remedy
Termination (disciplinary)
decision, adjudicator had concluded that she had jurisdiction to entertain the grievor's grievance against the termination of her employment for disciplinary reasons as the grievor was an employee as defined in section 2 of the Public Service Staff Relations Act: (1997) 31 PSSRB Decisions 33 - as the employer adduced no
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3,225.
Edwards and Treasury Board (Agriculture & Agri-Food Canada) - 1997-12-22
FPSLREB Decisions - Labour RelationsRemedy
Workforce adjustment
Even if work is discontinued, management can still reasonably refuse payment. [...] Under all the circumstances, I do not consider it to have been a "reasonable" job offer. [...] For all these reasons, this grievance is allowed. J. Barry Turner, Board Member.