3,377 result(s)
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3,226.
Treasury Board and Public Service Alliance of Canada - 1997-12-19
FPSLREB Decisions - Labour RelationsExcluded position
Position
Decision Page 12 REASONS FOR DETERMINATION The employer has proposed that the positions occupied by Messrs. [...] ... (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; [...] Exclusions under paragraph 5.1(1)(d) must be supported by cogent evidence of potential conflict or association with management by reason of the duties of the position.
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3,227.
Rinke and Treasury Board (Agriculture and Agri-Food Canada) - 1997-12-11
FPSLREB Decisions - Labour RelationsTime limit
Travel allowance
Workforce adjustment
For all these reasons your grievance and the corrective action you requested is denied. [...] Dr. Rinke added she was trying to get back to work, to be reasonable, and to follow a logical path. [...] For all these reasons, this grievance is denied not only because it is untimely but on the merits as well.
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3,228.
Public Service Alliance of Canada and Treasury Board - 1997-12-09
FPSLREB Decisions - Labour RelationsDecision review
Employee status
Evidence
Letter of understanding
provided due authority to Revenue Canada to establish a year-round student employment program within the meaning of paragraph (k) of the definition - this was contrary to what the Board had concluded in its original decision - furthermore, this new evidence could not reasonably have been presented at the original hearing.
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3,229.
Fortier and Treasury Board (Transport Canada) - 1997-12-05
FPSLREB Decisions - Labour RelationsClassification
Position
Wage rate
Workforce adjustment
Decision Page 6 (b) In the event that an incumbent declines an offer of transfer to a position as in (a) above in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position. [...] He agreed the grievor has relied on PSC and PSAC information in his reasoning, but these documents are not the WFAD that I must only interpret, since the WFAD forms part of the Master Agreement between the bargaining agent and the employer. [...] For these reasons, this grievance is denied. J. Barry Turner, Board Member.
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3,230.
Browne and Others and Treasury Board (Revenue Canada - Customs, Excise and Taxation) - 1997-12-01
FPSLREB Decisions - Labour RelationsDemotion
Financial penalty
Jurisdiction
Union dues
We don’t know any reason why except that our only offense is that we belonged to GST branch of Revenue Canada and that the penalty for not coming from Taxation branch of Revenue Canada was demotion to less sensitive duties or to junior jobs that have fewer powers than those of our substantive positions. [...] Reasons for Decision The statutory authority respecting the adjudication of grievances is found in subsection 92(1) of the Public Service Staff Relations Act, which states as follows: 92. [...] Decision Page 8 grievors testified that their performance has always been viewed as being entirely satisfactory; in fact, there is no reason to conclude that the reorganization of the grievors’ duties and responsibilities was motivated by any disciplinary concerns.
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3,231.
Wells and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-11-25
FPSLREB Decisions - Labour RelationsBreach of security
Correctional officer
Misconduct
Termination (disciplinary)
For this reason, Mr. Wells should have been extra cautious about ensuring that he maintained his distance from Mr. Poirier in the Institution. [...] In other words, if the discharge is to be sustained on the basis of a justifiable reason arising out of conduct away from the place of work, there is an onus on the Company to show that:- [...] For all these reasons, this grievance is dismissed. Rosemary Vondette Simpson, Board Member
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3,232.
Lynch and Treasury Board (National Defence) - 1997-11-14
FPSLREB Decisions - Labour RelationsTermination (disciplinary)
Theft
What I did in the military to make things work was no reason to do as a civilian. [...] He asked that I impose a reasonable penalty under all the circumstances but that I reinstate the grievor. [...] For all these reasons, the grievance is denied. J. Barry Turner, Board Member.
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3,233.
Anten and Treasury Board (National Defence) - 1997-11-07
FPSLREB Decisions - Labour RelationsInsubordination
Misconduct
Termination (disciplinary)
Union representative
Whatever the reason, upon entering the building, Mr. Anten had a lit cigarette which he testified he absentmindedly forgot to extinguish. [...] It is only reasonable to expect that, following two “last chance” decisions, Mr. Anten would have been on his very best behaviour. [...] In the end, I find no reason to alter the decision of the employer and Mr. Anten’s grievance is denied.
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3,234.
Liberty and Potts and Treasury Board - 1997-11-04
FPSLREB Decisions - Labour RelationsAggressive behaviour
Complaint
Unfair labour practice
Reasons for Decision The relevant provisions of the PSSRA are sections 6, 8 and paragraph 23(1)(a): 6. [...] I have reached this conclusion for the following reasons. There was much confusion at the meeting. [...] For all these reasons, the complaint is dismissed. Rosemary Vondette Simpson, Board Member
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3,235.
Saint-Amour and Treasury Board (Fisheries and Oceans) - 1997-11-04
FPSLREB Decisions - Labour RelationsNegligence
There was no reason to assume, in these circumstances, that the operator of the boat Public Service Staff Relations Board [...] There is no valid reason not to accept the testimony of Mr. Hendrickson and Mr. Shew. [...] Reasons for Decision I agree with counsel for the employer that the issue in this case is reasonably straightforward: did the grievor engage in an act of misconduct in respect of his response to the call (reproduced in Exhibit E-6) from a police dispatcher?
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3,236.
Willan and Potts, Rankin and Treasury Board - 1997-11-04
FPSLREB Decisions - Labour RelationsComplaint
Representation
Unfair labour practice
Nevertheless, each and all of us must exercise reasonable restraint when voicing opinions on government actions and carefully avoid participating in public controversy. [...] In each case a determination must be made whether the employee is reasonably exercising his or her rights as a member of a free society or is the employee exceeding the legitimate limits of free speech and acting in contravention of a legitimate employer interest. [...] Reasons for Decision The first two allegations complained of are related, the second adding information to the first.
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3,237.
Feldsted, Buchart, Spewak, Sanderson and Garwood-Filberts, Public Service Alliance of Canada - 1997-11-03
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Jurisdiction
Time limit
Unfair labour practice
Decision I have decided on the question of timeliness, that in the absence of a statutory time limit, the complaints and applications are timely for the following reasons. [...] For these reasons, I feel that the complaints and applications are timely. [...] For all these reasons, neither section 6 nor subsection 10(2) of the PSSRA can be utilized to allow me to intervene in the internal affairs of a bargaining agent as requested in the matters before me.
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3,238.
Cottenoir and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-10-22
FPSLREB Decisions - Labour RelationsBreach of confidence
Breach of security
Correctional officer
Credibility
Termination (disciplinary)
At the start of the hearing in this case the employer gave two reasons to justify the dismissal and Mr. Cottenoir alleged that these two reasons did not take place and that even if there were problems with his conduct they did not justify his dismissal. [...] According to Mr. Denis, the reason Mr. Véronneau was accepted in the ECHO program was that it met one of his needs. [...] I was strongly recommended to change a section of my first report for the foregoing reasons.
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3,239.
Niedermeiser and Treasury Board (Revenue Canada - Customs and Excise) - 1997-10-22
FPSLREB Decisions - Labour RelationsBorder services officer
Breach of security
Reinstatement
Termination (disciplinary)
Decision Page 8 was reasonable to conclude that the employer, again at the time it made its decision, had reasonable grounds to be concerned about the risks involved in continuing the grievor’s employment. [...] If not, then I must decide if discharge exceeds a reasonable response in light of the evidence. [...] Accordingly, for all these reasons, the grievance is allowed to the extent indicated.
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3,240.
Noël and Treasury Board (Human Resources Development Canada) - 1997-10-22
FPSLREB Decisions - Labour RelationsAggressive behaviour towards co-worker
Aggressive behaviour towards superior
Harassment
Reinstatement
Termination (disciplinary)
He did not meet with a manager, alone, for this reason, always being accompanied for more security. [...] It sheds a bad light on the reasons the employer has given for dismissing Jean-Eric Noël. [...] And then, the employer is prepared to accept his resignation "for health reasons".
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3,241.
Ruda and Public Service Alliance of Canada - 1997-10-07
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Unfair labour practice
The discharge letter (Exhibit C-2) stated the reason related to his “inappropriate behaviour in the workplace”. [...] Decision Page 7 For all these reasons, the complaint must be dismissed.
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3,242.
Walcott and Treasury Board (Employment and Immigration Canada) - 1997-10-02
FPSLREB Decisions - Labour RelationsBreach of confidence
Misconduct
Termination (disciplinary)
Ms. Jones observed that there was no explanation on the file as to the reasons for this telex. [...] There is also reason for seriously questioning the credibility of her evidence concerning Ms. Kular’s conduct. [...] For the reasons noted below, I have concluded that it has done so. I would first address the evidence of Mr. Selwyn Ballantyne.
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3,243.
Treasury Board and Public Service Alliance of Canada - 1997-09-30
FPSLREB Decisions - Labour RelationsExtension of time
Procedure
In Public Service Alliance of Canada and the Treasury Board (Board file 176-2-293) the Board, at pages 2 and 3, stated: In our view, it is reasonable both for this Board and the Bargaining Agent to expect that the Employer will have given sufficient consideration to its proposals for the designation of employees as being [...] Reasons for Determination of the Preliminary Objection Sections 5.1 and 5.2 of the Act and section 38 of the PSSRB Regulations read as follows: 5.1 (1) Where, in connection with the application for the certification of an employee organization as a bargaining agent, the Board is satisfied that any position of an employee in [...] (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
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3,244.
Joss and Treasury Board (Agriculture and Agri-Food Canada) - 1997-09-22
FPSLREB Decisions - Labour RelationsEmployee file
Harassment
Jurisdiction
In summary, and for the foregoing reasons, the appeal of Dr. Floyd Joss is allowed. [...] His indefinite suspension was all the more stressful for that reason. [...] Accordingly, for all these reasons the grievance is allowed to the extent indicated.
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3,245.
Smith and Treasury Board (Solicitor General - Correctional Service Canada) - 1997-09-22
FPSLREB Decisions - Labour RelationsCorrectional officer
Financial penalty
Jurisdiction
Work assignment
The bargaining agent’s position was that the action of revoking the acting assignment did result in a financial penalty and it was taken for disciplinary reasons, therefore I had jurisdiction. [...] Brown and Beatty, at p. 7-157, 7:4210, the views of discipline are outlined, saying: ... the essential reason justifying disciplinary action is misconduct and the purpose is to punish.
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3,246.
Paynter et al. and Treasury Board (Agriculture and Agri-Food Canada) - 1997-09-12
FPSLREB Decisions - Labour RelationsConsultation
Overtime assignment
Work schedule
Clients prefer the same inspector for many reasons such as the knowledge of the class of stock, hot spots, etc. [...] (b) Every reasonable effort shall be made by the Employer: Public Service Staff Relations Board [...] It is not reasonable to try to catch up at this time but the employer should compensate employees either in cash or in compensatory leave.
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3,247.
St-Laurent and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-09-05
FPSLREB Decisions - Labour RelationsJurisdiction
Retirement
Time limit
He never told her personally the “reasons” for delaying his retirement. [...] Mr. St-Laurent had never shared with her the “reasons with which you are familiar”. [...] She had no reason to question the agreement and she had no reason to ask why Mr. St-Laurent drafted and signed it.
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3,248.
O'Connell and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-08-19
FPSLREB Decisions - Labour RelationsBreach of security
Correctional officer
Misconduct
Termination (disciplinary)
Pastor McLaughlin added that the grievor told him for security reasons, it was not proper to put your arms around inmates or to physically touch them or to hug them. [...] She also told Pastor McLaughlin after the baptism that there was a policy, especially for volunteers, that they were not to hug inmates for any reason. [...] For the above reasons, these grievances are denied. J. Barry Turner, Board Member.
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3,249.
Hunt and Treasury Board (Transport Canada) - 1997-08-13
FPSLREB Decisions - Labour RelationsGrievance procedure
Jurisdiction
People with disabilities
Accordingly, for all these reasons the three grievances are denied for want of jurisdiction.
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3,250.
Tanciu and Treasury Board (Veterans Affairs Canada) - 1997-08-05
FPSLREB Decisions - Labour RelationsEmployee attitude
Misconduct
- you told Dr. Lemieux the reason for refusing treatment was that everyone does therapy; [...] We asked our secretary to call the telephone number to find out the reasons for such a refusal. [...] Decision Page 21 REASONS The employer had the burden of proof and he discharged it.