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Public Service Alliance of Canada, House of Commons Security Services Employees Association and Communications, Energy and Paper Workers Union of Canada and Marleau, Griffiths and Sabourin - 1997-07-30

One of the reasons for the restrictions put by the Code on this form of communication is that of maintaining a pre- bargaining balance between the parties so that the   [...]  Reasons for decision In June 1986 Parliament decided that some employees of the House of Commons and Senate could participate in collective bargaining.   [...]  Had such consultation taken place at an appropriate time and in a reasonable manner these disputes would likely not have arisen.

Connors, Evitt, Lovallo and Treasury Board (Revenue Canada - Taxation) - 1997-07-16

He then went on disability and retired May 30, 1997 for medical reasons.   [...]  He in fact argued they were meticulously filled out so that they could not be rejected for any reason once they were sent on to Ottawa for final approval.   [...]  Decision Page 16 For the above reasons, the grievances are denied. J. Barry Turner, Board Member.

Grignon and Treasury Board (Veterans Affairs Canada) - 1997-07-14

Reasons Ms. Grignon argues that she was obliged to appear before C.A.L.P. because her claim was contested by the employer and because the latter refused to allow her to return to work for a period of six months.   [...]  For these reasons, Ms. Grignon’s grievance is denied. Muriel Korngold Wexler Deputy Chairperson

Public Service Alliance of Canada and Treasury Board (Employment and Immigration Canada) - 1997-07-02

The staff side wanted to know the reason “why they were embarking on this task”.   [...]  Ms. Mamcarz did not inquire as to the reason for this five percent decrease in arrests.   [...]  This is the reason why the employer delayed its implementation until September 1994.

Isfeld and Treasury Board (National Defence) - 1997-06-26

As you have not been able to establish or maintain a reasonable attendance record, you are not a valued employee of Wg EME and due to the lack of commitment shown to your present position, we have no reason to expect improved dedication to different duties.   [...]  In the circumstances, I am satisfied that the employer made every reasonable effort to accommodate the grievor.   [...]  For all these reasons, Mr. Isfeld’s grievance is denied. J. Barry Turner, Board Member.

Treasury Board and Professional Institute of the Public Service of Canada - 1997-06-23

In view of the short timeframes for the work of the designation review panel in this case and the desire of the parties to get on with collective bargaining for the CS group, both the applicant and respondent agreed that I would give oral reasons for decision immediately after the conclusion of the hearing in this matter.   [...]  It was also agreed that my decision given at the hearing would be followed by a written version of those oral reasons and that is what follows.   [...]  Accordingly I believe the PSSRB does have an implied but very limited jurisdiction to relieve the government─employer─of its default if it is persuaded by the reasons for the delay in what would likely be most unusual or extraordinary circumstances.

Boukheloua and Treasury Board (Revenue Canada - Taxation) - 1997-06-04

Clause M-16.01 reads as follows: M-16.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation,   [...]  On August 31, 1995, the Federal Court of Canada, Trial Division, rendered its decision in the matter of Chopra v. The Treasury Board (Court file T-813-94) maintaining the decision of Deputy Chairperson P. Chodos wherein he determined that, by reason of subsection 91(1) of the Public Service Staff Relations Act, he did not   [...]  In denying the application for review, as it did, the Court held: The Adjudicator was correct when he concluded that he was without jurisdiction to hear the Applicant’s Grievance by reason of Section 91(1).

Brownrigg and Treasury Board (Statistics Canada) - 1997-06-04

He added however that it was quite reasonable for Ms. Brown to insist that the area familiarization be done by the grievor.   [...]  Ms. Brownrigg did a reasonable and courageous job under the circumstances; however, I cannot allow her grievance for the following reasons.   [...]  For all these reasons, this grievance is denied. J. Barry Turner, Board Member.

Dosanjh and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-06-04

In these circumstances, a three day suspension is within the parameters of a reasonable disciplinary response.   [...]  The grievor’s representative replied that it is incumbent on the employer to demonstrate that the penalty was justified and reasonable in all the circumstances.   [...]  Mr. Powar had apparently placed himself in front of Mr. Dosanjh in what could reasonably be viewed as a threatening manner, given the circumstances.

Aubin and Krawchuk and Treasury Board (Transport Canada) - 1997-04-29

He said that the word “or” was added for a reason by the parties to subclause 3.   [...]  For all these reasons, these grievances are denied. J. Barry Turner, Board Member.

Wilson and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-04-24

Reasons for Decision In my view this grievance must fail for several reasons.   [...]  As noted in the Rattew case (supra) and in others, it is incumbent on the applicant to provide cogent reasons explaining the delay, and to justify why he or she should be relieved of the consequences of their failure to abide by the contractual time limits set out in the relevant collective agreement.   [...]  To reiterate, for the reasons noted above the application for extension of time for the filing of a grievance is dismissed.

Dupuis and Treasury Board (Human Resources Development Canada) - 1997-04-21

At the time, the reasons behind her colleagues' attitude toward her were a mystery to her.   [...]  The objectives set in the training plan were unattainable by any reasonable person in the same position.   [...]  Decision Page 33 There appear to have been many reasons for this situation.

Melcher and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-04-18

The employer has an onus to establish: 1) that there is just cause for disciplinary action; 2) that the penalty of discharge was just and reasonable under the circumstances.   [...]  The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions.   [...]  In the face of all these considerations, there is virtually no reason not to believe Mr. Melcher’s story.