3,377 result(s)
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3,351.
Sampson and Treasury Board (Indian and Northern Affairs Canada) - 1996-05-13
FPSLREB Decisions - Labour RelationsJurisdiction
Layoff
Workforce adjustment
The sole impediment to the making of a reasonable job offer in this case was created by Mr. Sampson himself. [...] However, when the home department has been unable to make a reasonable job offer during the first six-month surplus period, such period shall be extended and the employee shall not be laid off until after a reasonable job offer has been refused. [...] For all these reasons, Mr. Sampson's grievance is denied. Yvon Tarte, Deputy Chairperson
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3,352.
Rainville and Dingwall, Quail, Scott and Peake - 1996-05-02
FPSLREB Decisions - Labour RelationsUnfair labour practice
REASONS FOR DECISION I accept that Mr. Peake made the comments attributed to him by Ms. Descoteaux during her testimony.
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3,353.
Public Service Alliance of Canada and Treasury Board, P.V. Harder and Public Service Commission, R. Hubbard - 1996-04-26
FPSLREB Decisions - Labour RelationsUnfair labour practice
Workforce adjustment
(f) direct the Respondents to post a copy of the Board's order herein including its reasons therefor in conspicuous places throughout the workplace; and [...] Decision Page 10 this regard, the Board adopts the reasoning of Arbitrator Bergeron in Société canadienne des postes et Syndicat canadien des postiers (supra). [...] For these reasons, the Board upholds the complaint against Mr. Harder and orders him to provide the information requested by the complainant as indicated earlier in this decision.
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3,354.
Vandermeer and Treasury Board (Solicitor General Canada - Correctional Service) - 1996-04-10
FPSLREB Decisions - Labour RelationsAdmissible evidence
Financial penalty
Negligence
The employer set out the reasons for the action in a letter dated September 09, 1994 (E-4): [...] REASONS I accept that it is not unreasonable, based on the evidence, to conclude that the insertion of the diskette by the grievor may have caused the introduction of the Monkey Virus to the nursing station computer. [...] What of the computer in the bubble - other than mentioning that it "crashed" - no evidence as to the reason was presented and no allegation was made relating this crash to the grievor.
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3,355.
Lindeblom and Treasury Board (Fisheries and Oceans) - 1996-04-03
FPSLREB Decisions - Labour RelationsActing pay
Position
He admitted the primary reason for splitting the duties between Mr. Beggs and the grievor was to save money. [...] I can only say that I do not believe it is a breach of the CS Group specific agreement for the reasons given above. [...] Therefore for all these reasons this grievance is denied. J. Barry Turner, Board Member.
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3,356.
Farrell, Fraser, Hendy, McLellan, Mack, Pigeau, Shek and Treasury Board (National Defence) - 1996-03-29
FPSLREB Decisions - Labour RelationsAnnual leave
Compensation
This interpretation provides the only reasonable solution to the dispute between the parties. [...] REASONS FOR DECISION This case raises a fairly straightforward contract interpretation problem which the parties could easily have avoided by the use of clear, concise and complete language. [...] For all these reasons, these grievances are denied. Yvon Tarte, Deputy Chairperson
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3,357.
Lachance and Treasury Board (Agriculture Canada) - 1996-03-29
FPSLREB Decisions - Labour RelationsAggressive behaviour towards co-worker
Harassment
Harassment is defined as "any improper behaviour by a person employed in the Public Service that is directed at, and is offensive to, any employee of the Public Service and which that person knew or ought reasonably to have known would be unwelcome. [...] It is certainly dangerous and reprehensible and should be condemned for ethical and safety reasons. [...] For all of the above reasons, the grievance is dismissed. Marguerite-Marie Galipeau, Board Member
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3,358.
Turner et al. and Treasury Board (National Defence) - 1996-03-29
FPSLREB Decisions - Labour RelationsActing pay
Reclassification
After April 1, 1992 he also went to the customer account office for a variety of reasons: this was another new duty for him even though that office was "only a two minute walk from my building". [...] Accordingly, for the reasons noted above, this grievance is denied. J. Barry Turner, Board Member.
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3,359.
Malone and Treasury Board (Public Works and Government Services Canada) - 1996-03-21
FPSLREB Decisions - Labour RelationsHarassment
Jurisdiction
The trial judge ordered on July 5, 1995 that “the Statement of Claim be struck out for failure to disclose a reasonable cause of action, without prejudice to the Plaintiff filing a new and proper Statement of Claim”.
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3,360.
Smith and Treasury Board (Solicitor General Canada - Correctional Service) - 1996-03-19
FPSLREB Decisions - Labour RelationsActing pay
Correctional officer
Job description
He had assumed responsibility for refusing entry to this person and explained the reasons for doing so to her. [...] With all due respect, it is my view that this grievance cannot be upheld, for the following reasons. [...] Accordingly, for the reasons noted above, the grievance is denied. P. Chodos, Deputy Chairperson.
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3,361.
Lamarre and Gingras and Professional Institute of the Public Service of Canada - 1996-03-13
FPSLREB Decisions - Labour RelationsDuty of fair representation
Unfair labour practice
REASONS FOR DECISION Subsection 10(2) of the Public Service Staff Relations Act prohibits an "employee organization, or officer or representative of an employee organization, that is the bargaining agent, for a bargaining unit [to] act in a manner that is arbitrary, discriminatory or in bad faith in the representation of [...] For all of these reasons, the complaint of Mr. Lamarre is rejected. Yvon Tarte, Deputy Chairperson
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3,362.
Lamarre and Treasury Board (Fisheries and Oceans) - 1996-03-11
FPSLREB Decisions - Labour RelationsJurisdiction
Reprimand
REASONS FOR DECISION Section 92 of the Act stipulates that: 92.(1) Where an employee has presented a grievance, up to and including the final level in the grievance process, with respect to
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3,363.
Murray and Shaver and Treasury Board (Transport Canada) - 1996-03-01
FPSLREB Decisions - Labour RelationsEvidence
Holiday
Public Sector Compensation Act
Wage rate
Work schedule
For these reasons, it is submitted that the Justinen and Neilson case has no application. [...] However, the union's argument fails to recognize a key component in Madame Wexler's reasoning. [...] The employer, for all of the above reasons, would ask that the grievances be dismissed.
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3,364.
Sarson and Treasury Board (Canadian Grain Commission) - 1996-03-01
FPSLREB Decisions - Labour RelationsDiscrimination
Jurisdiction
Relocation leave
Moreover, the CHRC provides no reasons for its decision. The CHRC’s letter dismissing a complaint is one paragraph long; it refers to a section of the CHRA and contains no reasons. [...] However, when the CHRC decides, there are no reasons; the Federal Court has decided that the CHRC has no obligation in law to give reasons (Slattery (supra)). [...] Without reasons, it is impossible to raise an issue of excess of jurisdiction, whereas at the PSSRB reasons must be given.
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3,365.
Haslett and Gee and National Defence - 1996-02-27
FPSLREB Decisions - Labour RelationsUnfair labour practice
The reason Lt. Col. Gee moved to sit next to Mr. Haslett was to abandon his position of power. [...] Mr. Haslett interrupted and tried to explain the reason why he had acted that way. [...] For these reasons, this complaint is hereby dismissed. Muriel Korngold Wexler, Deputy Chairperson
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3,366.
White and Treasury Board (Transport Canada) - 1996-02-21
FPSLREB Decisions - Labour RelationsJurisdiction
Resignation
The employer’s position was that the employer in good faith accepted a request from the grievor to resign and had no reason to believe that the letter of resignation was made involuntarily. [...] Reasons for Decision In his letter of December 14, 1995, Mr. Chiasson indicated inter alia that he did not oppose the dismissal of this matter on the basis of lack of jurisdiction. [...] Decision Page 7 For the above reasons, I must dismiss the grievance for want of jurisdiction.
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3,367.
Breckenridge, Carpentier, Charette, Ledoux, Marett, Séguin, Slone, Therrien, Van Den Bergh, Blondin, Branchaud, Lemoine, Lorrain and Russo and the Library of Parliament - 1996-02-13
FPSLREB Decisions - Labour RelationsJob description
application for a pipeline will succeed but also to whether any pipeline will be approved, the participation of Mr. Crowe, ... in my opinion, cannot but give rise to a reasonable apprehension, which reasonably well-informed persons could properly have, of a biased appraisal and judgment of the issues to be determined ... [...] This Court in fixing on the test of reasonable apprehension of bias, as in Ghirardosi v. Minister of Highways for British Columbia, and again in Blanchette v. C.I.S. Ltd., (where Pigeon J. said at p. 842-43, that “a reasonable apprehension that the judge might not act in an entirely impartial manner is ground for [...] [emphasis added] I accept the fact that my personal and family relations may create an appearance or even reasonable apprehension of bias.
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3,368.
Lau and Treasury Board (Revenue Canada - Customs and Excise) - 1996-02-09
FPSLREB Decisions - Labour RelationsBorder services officer
Credibility
Crime
Evidence
Reinstatement
Lo, Chow and Shin have no reason to lie about the extortion incident. [...] Reasons The parties to this adjudication have tendered diametrically opposed versions of events on June 13, 1994. [...] Decision Page 12 informed person would readily recognize as reasonable in that place and in those conditions.
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3,369.
Deering and Treasury Board (National Defence) - 1996-02-08
FPSLREB Decisions - Labour RelationsIncompetence
Job performance
Reinstatement
Termination (non-disciplinary)
... In both cases you had direct control of the outcome, however, for whatever reason, you failed to employ the knowledge and techniques taught to you. [...] Based on its overall experience with Mr. Deering, the department came to the reasonable conclusion that he was incompetent as a professional driver. [...] In addition, for the reasons noted above, I have serious doubts whether that conclusion was arrived at in good faith.
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3,370.
Paxman and Treasury Board (Solicitor General - Correctional Service Canada) - 1996-02-05
FPSLREB Decisions - Labour RelationsCorrectional officer
Financial penalty
Negligence
In counsel's view, there was no reason offered to mitigate the penalty based on the evidence. [...] The grievor's representative submitted that the penalty imposed was excessive yet he offered no substantial reason for me to mitigate it. [...] For all of the reasons outlined above, the grievance is denied. Louis M. Tenace, Vice-Chairperson.
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3,371.
Llewellyn and Garwood-Filbert (Transport Canada) - 1996-01-31
FPSLREB Decisions - Labour RelationsDuty of fair representation
Unfair labour practice
He gave as his reason that he preferred someone more competent to represent him. [...] Reasons for Decision Paragraph 8(2)(c)(ii) and subsection 10(2) of the Act read as follows: 8.(2) Subject to subsection (3), no person shall (c) seek by intimidation, threat of dismissal or any other kind of threat, by the imposition of a pecuniary or any other penalty or by any other means to compel an employee
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3,372.
Lundin and Treasury Board and Fellegi (Statistics Canada) - 1996-01-19
FPSLREB Decisions - Labour RelationsIncompetence
Job performance
Occupational health and safety
Termination (non-disciplinary)
Unfair labour practice
This is the reason why Mr. Finlay asked for a health evaluation of Mr. Lundin. [...] No reasonable reading of E-60 will bear out that interpretation. 242. [...] Any reasonable person would reach such a conclusion. Any reasonable person would also have contested these poor appraisals if there was a legitimate reason to do so.
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3,373.
Council of Graphic Arts Unions of the Public Service of Canada and Canada Communication Group - 1996-01-16
FPSLREB Decisions - Labour RelationsArbitral award
Complaint
Jurisdiction
have the compensation plans that were in effect as of February 1991 continued in force by reason of the PSCA, or have they been replaced by the one allegedly approved by the Treasury Board in June 1993 under section 7 (2) of the PSCA? [...] (...) We should preface our decision on this matter by noting that, under section 66 of the PSSRA, the Chairperson of the Public Service Staff Relations Board is responsible for deciding whether matters in dispute are excluded from the jurisdiction of the arbitration board by reason of section 69. [...] Reasons for Decision The quagmire the parties find themselves in would likely not have arisen had the Treasury Board found, in a timely manner, a way to apprise the board of arbitration or the Chairperson of this Board, when he was setting out its terms of reference, of the decision it had taken on June 2, 1993.
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3,374.
Oates v Treasury Board (Transport Canada) - 1996-01-16
FPSLREB Decisions - Labour RelationsAnnual leave
The employer has given no reason for refusing the grievor's request. Public Service Staff Relations Board [...] The Employer shall, subject to the operational requirements of the service, make every reasonable effort: [...] In fact, the reasons for the employer's denial have not been established before me.
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3,375.
Raphael and Treasury Board (Transport Canada) - 1996-01-16
FPSLREB Decisions - Labour RelationsAir traffic controller
Jurisdiction
Recruiting
Salary level
Termination (disciplinary)
The employer's representative submitted that the case had nothing to do with reasonableness or fairness. [...] REASONS FOR DECISION In my opinion, this case is "on all fours" with Mark et al. [...] I agree with Deputy Chairperson Chodos' reasoning and find it applicable to the instant case.