3,377 result(s)
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526.
Herbert v. Deputy Head (Parole Board of Canada) - 2020 FPSLREB 28 - 2020-03-17
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievances referred to adjudication [...] [29] The test for determining whether a reasonable cause exists for the apprehension of or a reasonable likelihood of bias was developed as follows by the Supreme Court [...] [65] For all of the above reasons, the Board makes the following order:
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527.
Public Service Alliance of Canada v. Treasury Board - 590-02-39499 - 2020-03-16
FPSLREB Decisions - Labour Relations[25] The current provision in the collective agreement provides for an employee injured on duty to remain on the employer’s payroll “for such period as may be reasonably determined by the Employer”, subject to recovery by the employer of all benefits paid to the employee by a provincial Workers’ Compensation authority.
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528.
Bzdel v. Treasury Board (Canada Border Services Agency) - 2020 FPSLREB 27 - 2020-03-10
FPSLREB Decisions - Labour RelationsChild care
Discrimination
Duty to accommodate
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] [65] For these reasons, I find that the grievor has not established a prima facie case of discrimination since she failed to establish that she met both the second and the third steps enumerated in Johnstone-FCA, that she made reasonable efforts to meet her childcare obligations through reasonable alternative solutions, and [...] [68] For all of the above reasons, the Board makes the following order:
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529.
Shura v. Chairperson of the Parole Board of Canada - 2020 FPSLREB 26 - 2020-03-04
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
Recusal
The real reason the employee was seconded was that it was an accommodation. [...] He could not summarize the reasons and again asked to read her document. [...] I believe that a reasonable and right-minded person, well informed of all the facts, would conclude that there was no reasonable apprehension of bias on my part.
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530.
Tulk v. Deputy Head (Department of National Defence) - 2020 FPSLREB 25 - 2020-03-03
FPSLREB Decisions - Labour RelationsJurisdiction
Mootness
Retirement
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] Lt.-Col. MacEachern setting aside the findings in the Charron report was reasonable. [...] [72] For all of the above reasons, the Board makes the following order:
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531.
Pronovost v. Professional Institute of the Public Service of Canada - 2020 FPSLREB 24 - 2020-03-02
FPSLREB Decisions - Labour RelationsComplaint
Discrimination
Unfair labour practice
REASONS FOR DECISION fpslreb translation I. Complaint before the Board [...] [50] The complainant might disagree with these reasons, but to me, they appear reasonable enough to not be false grounds. [...] [54] For all of the above reasons, the Board makes the following order:
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532.
Public Service Alliance of Canada v. Staff of the Non-Public Funds – CFP Valcartier - 590-18-40392 - 2020-03-02
FPSLREB Decisions - Labour Relations(d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and [...] According to the union, there is no reason to treat employees in lower-paid categories differently or to deny them the parity with the public service, which is available to managers.
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533.
D’Almeida v. Royal Canadian Mounted Police - 2020 FPSLREB 23 - 2020-02-26
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
She wanted to “[translation] learn at a reasonable pace” (Exhibit BA-3). [...] [57] Therefore, the onus is on the party that alleged bad faith to demonstrate that the choice of appointment process was based on reasons other than finding a person who met the essential criteria for the position to be filled. [...] [74] For all the above reasons, the Board makes the following order:
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534.
Bell v. Treasury Board (Shared Services Canada) - 2020 FPSLREB 20 - 2020-02-25
FPSLREB Decisions - Labour RelationsTerminable allowance
Transfer
In PSAC v. CBSA, the Board followed the reasoning in PIPSC v. CRA, which followed the Delios line of cases. [...] VI. Reasons A. The collective agreement to be interpreted is the TB-PIPSC Collective Agreement 2012 [...] [132] For all of the above reasons, the Board makes the following order:
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535.
Karoulis Newman v. Canada Border Services Agency - 2020 FPSLREB 22 - 2020-02-25
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
For the reasons stated earlier in this decision, I determined that the complaint should proceed by way of written submissions. [...] I find that she has not met that burden, for the reasons that follow. [...] [43] For all of the above reasons, the Board makes the following order:
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536.
Lapointe v. Canada Revenue Agency - 2020 FPSLREB 19 - 2020-02-25
FPSLREB Decisions - Labour RelationsJurisdiction
Reprisal
Termination (non-disciplinary)
[9] For the reasons that follow, I dismiss both the grievance and the complaint. [...] [159] For the same reason, I find ill-founded the grievor’s argument that the GECA should apply. [...] [164] For all of the above reasons, the Board makes the following order:
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537.
Yates v. Deputy Head (Department of Citizenship and Immigration) - 2020 FPSLREB 21 - 2020-02-25
FPSLREB Decisions - Labour Relations[12] My assessment must focus not on the reasonableness of the employer’s decision to terminate the grievor but rather on the reasonableness of the employer’s assessment of the grievor’s performance. [...] She stated that this reason was not valid, so she denied the request. [...] [122] For all of the above reasons, the Board makes the following order:
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538.
Dussah v. Deputy Head (Office of the Chief Human Resources Officer) - 2020 FPSLREB 18 - 2020-02-19
FPSLREB Decisions - Labour RelationsJob performance
REASONS FOR DECISION fpslreb translation I. Individual grievance referred to adjudication [...] 87 ... The adjudicator’s role is to determine whether it was reasonable for the employer to deem the employee’s performance unsatisfactory and not whether the decision to terminate was reasonable. [...] [488] For all of the above reasons, the Board makes the following order:
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539.
Public Interest Commission - Public Service Alliance of Canada and Treasury Board of Canada - 590-02-39494 - 2020-02-18
FPSLREB Decisions - Labour RelationsPublic Interest Commission (PIC) Report
What is surprising, in this Chair’s experience, is the total inability of the parties, for whatever reason this round (and across the sector), to “prioritize” their needs and make compromises as they proceeded so that the list of outstanding issues could gradually be reduced, to the point where the number outstanding [...] (d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered.
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540.
Chénard v. Treasury Board (Employment and Social Development Canada and Statistics Canada) - 2020 FPSLREB 15 - 2020-02-17
FPSLREB Decisions - Labour RelationsWorkforce adjustment
[10] HRSDC determined that it could not offer him a guarantee of a reasonable job offer. [...] However, the obligation is not absolute and is based on a reasonable effort. [...] [70] For all those reasons, the employer asked that the grievance be dismissed.
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541.
Bell v. Staff of the Non-Public Funds, Canadian Forces - 2020 FPSLREB 14 - 2020-02-12
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievance referred to adjudication [...] One reason for favouring confidentiality is protecting personal information. [...] [131] For all of the above reasons, the Board makes the following order:
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542.
Bernard v. Professional Institute of the Public Service of Canada - 2020 FPSLREB 11 - 2020-02-11
FPSLREB Decisions - Labour RelationsDiscrimination
Duty of fair representation
Jurisdiction
For that reason and those that follow, I dismiss her complaint for lack of jurisdiction. [...] IV. Reasons A. Issue 1: Does the Board have jurisdiction to hear this complaint? [...] [93] For all of the above reasons, the Board makes the following order:
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543.
Manning v. Clark, Union of Canadian Transport Employees (Public Service Alliance of Canada) - 2020 FPSLREB 12 - 2020-02-11
FPSLREB Decisions - Labour RelationsTime limit
[21] For the reasons that follow, I accept the respondent’s objection and find that the complaint is untimely. [...] His reason was this, there were no grounds to proceed because my termination date was backdated to April 18, 2016. [...] [41] For all of the above reasons, the Board makes the following order:
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544.
Public Service Alliance of Canada v. Parks Canada Agency - 2020 FPSLREB 13 - 2020-02-11
FPSLREB Decisions - Labour RelationsCollective agreement
Premium pay
REASONS FOR DECISION [1] Can an employer recover an overpayment made to an employee even though the collective agreement does not give it the express right? [...] The options it gave the grievors — to either work the two hours or give them up in vacation time — were reasonable. [...] [30] For all of the above reasons, the Board makes the following order:
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545.
Alexis v. Deputy Head (Royal Canadian Mounted Police) - 2020 FPSLREB 9 - 2020-02-10
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
Both Sgt. McAuley and Ms. Ryan testified as to the reasons for the rejection on probation and stated that they were the only reasons. [...] [166] Even if an employer can demonstrate an employment-related reason for a rejection on probation, if bad faith can be shown, it overrides that reason. [...] [210] For the reasons that follow, I find that the grievor’s employment was terminated for reasons that were other than legitimate and employment related.
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546.
Starkey v. Deputy Head (Department of Fisheries and Oceans) - 2020 FPSLREB 8 - 2020-02-07
FPSLREB Decisions - Labour RelationsSecurity clearance
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] As I have set out earlier in these reasons, the AGL report is flawed. [...] [166] For all of the above reasons, the Board makes the following order:
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547.
Parliamentary Protective Service v. Public Service Alliance of Canada - 2020 FPSLREB 7 - 2020-02-03
FPSLREB DecisionsThe Board’s reasoning can be summed as follows by quoting paragraph 136 of the decision : [...] I quote as follows its conclusion, because it summarizes my reasoning in this case : [...] [320] For all of the above reasons, the Board makes the following order :
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548.
Public Service Alliance of Canada v. Treasury Board - 2020-01-27
FPSLREB Decisions - Labour RelationsFor that reason, I decline to identify “winners” and “losers”. [32] The exception is clearly the proposal to implement a national pay grid for 12-month ED-EST positions. [...] For that reason, I recommend that it consider alternate approaches that distribute available wage adjustment monies across the bargaining unit in a more standard fashion. [...] It also proposes in sub-clauses (c) and (d), as well as in clause 23.15, to limit the Employer’s discretion to grant leave with pay and reasonable expenses for such conferences and convention.
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549.
Palmquist v. President of the Canada Border Services Agency - 2020 FPSLREB 6 - 2020-01-22
FPSLREB Decisions - Staffing Complaints[77] A reasonable apprehension of bias can constitute an abuse of authority. [...] While the complainant might have perceived that the assessment board was biased against him, I do not find that a reasonably informed bystander would reasonably perceive bias in these circumstances. [...] [118] For all of the above reasons, the Board makes the following order:
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550.
Ross v. Treasury Board (Correctional Service of Canada) - 2020 FPSLREB 5 - 2020-01-21
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION FPslreb translation I. Individual grievance referred to adjudication [...] The bargaining agent also has a role in finding reasonable solutions. [...] [157] For all of the above reasons, the Board makes the following order: