3,377 result(s)
-
626.
Jassar v. Canada Revenue Agency - 2019 FPSLREB 54 - 2019-05-17
FPSLREB Decisions - Labour RelationsDisguised disciplinary action
Jurisdiction
Termination (disciplinary)
Any reasonable person would have documented it. However, I note that the employer omitted to explain why it was more reasonable for Mses. [...] And on January 4, 2013, he took 2 hours of leave for the same reason. [...] [639] For all of the above reasons, the Board makes the following order:
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627.
A.B. v. Canada Revenue Agency - 2019 FPSLREB 53 - 2019-05-16
FPSLREB Decisions - Labour Relations8 For the reasons explained later in this decision, I find that the suspension and revocation of the grievor’s reliability status were bona fide administrative actions based upon valid reasons. [...] That analysis includes considering reasonable accommodation to the point of undue hardship. [...] 154 For all of the above reasons, the Board makes the following order:
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628.
Stiermann v. Treasury Board (Department of Industry) - 2019 FPSLREB 52 - 2019-05-08
FPSLREB Decisions - Labour RelationsReprisal
He pointed to clause 21.17 of the collective agreement, entitled “Leave With or Without Pay for Other Reasons”, as follows: [...] 60 For these reasons, I find, in answer to the second and fourth question at issue, that the employer did not make a reprisal that was directly linked to the exercise of the complainant’s right under the Code. [...] 69 For all of the above reasons, the Board makes the following order:
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629.
Lysak v. Commissioner of the Royal Canadian Mounted Police - 2019 FPSLREB 51 - 2019-05-07
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
Therefore, and for the reasons explained in this decision, I dismiss the complaint. [...] For the reasons noted previously, I cannot place any weight on the co-worker’s emails. [...] 42 For all of the above reasons, the Board makes the following order:
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630.
Bindas v. Deputy Head (Canada Border Services Agency) - 2019 FPSLREB 50 - 2019-05-01
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Individual grievances referred to adjudication [...] Therefore, there are no reasonable prospects of ascertaining whether he still intends to pursue his grievances. [...] 16 For all of the above reasons, the Board makes the following order:
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631.
Roy v. Treasury Board (Correctional Service of Canada) - 2019 FPSLREB 49 - 2019-05-01
FPSLREB Decisions - Labour RelationsCollective agreement
Compensation
Continuing grievance
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] There is no reason to refuse the instructor allowance to the grievors. [...] 91 For all of the above reasons, the Board makes the following order:
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632.
Bergeron v. Public Service Alliance of Canada - 2019 FPSLREB 48 - 2019-04-25
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Time limit
Unfair labour practice
2 For the reasons that follow, the complaint is dismissed. II. Summary of the evidence [...] For example, she did not wish to argue that discrimination had occurred about an accommodation for medical reasons. [...] 105 For all of the above reasons, the Board makes the following order:
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633.
Reynolds v. Treasury Board (Correctional Service of Canada) - 2019 FPSLREB 47 - 2019-04-23
FPSLREB Decisions - Labour RelationsJurisdiction
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] 32 The duty to act reasonably is inferential to the scope of the collective agreement. [...] 69 For all of the above reasons, the Board makes the following order:
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634.
St-Denis v. Deputy Head (Department of Public Works and Government Services) - 2019 FPSLREB 46 - 2019-04-18
FPSLREB Decisions - Labour RelationsDiscrimination
Duty to accommodate
Incapacity
People with disabilities
Termination (non-disciplinary)
80 Counsel for the employer submitted that under the circumstances, it was reasonable for the employer to terminate the grievor’s employment for incapacity reasons. [...] 98 This grievance is denied in its entirety for the following reasons. [...] 128 For all of the above reasons, the Board makes the following order:
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635.
Bayani v. Deputy Head (Correctional Service of Canada) - 2019 FPSLREB 44 - 2019-04-17
FPSLREB Decisions - Labour RelationsCredibility
Reprimand
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] 166 For the reasons that follow, the grievances are allowed, and the discipline is set aside. [...] 203 For all of the above reasons, the Board makes the following order:
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636.
Canadian Military Colleges Faculty Association v. Treasury Board (Department of National Defence) - 2019 FPSLREB 45 - 2019-04-17
FPSLREB Decisions - Labour RelationsBargaining in good faith
Freeze period
4 For the reasons that follow, I find that the complaint is unfounded. [...] (b) make every reasonable effort to enter into a collective agreement. [...] 118 For all of the above reasons, the Board makes the following order:
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637.
Canadian Merchant Service Guild v. Treasury Board - 2019 FPSLREB 43 - 2019-04-15
FPSLREB Decisions - Labour RelationsBargaining unit
REASONS FOR DECISION I. Application before the Board 1 On February 25, 2019, the Canadian Merchant Service Guild (CMSG) filed an application under s. 58 of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2; “the Act”) for a determination of questions of membership in a bargaining unit. [...] III. Reasons 10 Section 58 of the Act provides the following: 58 On application by the employer or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board to constitute a unit appropriate [...] 12 For all of the above reasons, the Board makes the following order:
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638.
Lyttle v. Deputy Head (Canada Border Services Agency) - 2019 FPSLREB 42 - 2019-04-12
FPSLREB Decisions - Labour RelationsReprimand
Based on these facts, Mr. Asselin looked at cases across the country and suggested a one-day suspension, which Superintendent Lauzon thought was reasonable. [...] On reading all the sections outlined earlier, including the clarification found in the Code of Conduct, the meaning is reasonably clear. [...] 98 For all of the above reasons, the Board makes the following order:
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639.
Canadian Federal Pilots Association v. Treasury Board - 2019 FPSLREB 41 - 2019-04-11
FPSLREB Decisions - Labour Relations13 In the reasons detailed in these terms of reference, I analyze each jurisdictional objection in numerical order, with the exception of the proposed article 47 and Appendix C, which I address at the end. [...] 18 For these reasons, I find that the proposed new clauses 10.03 and 10.04 can be included in the terms of reference. [...] 62 For these reasons, I find that proposed new article 47 and Appendix C cannot be included in the terms of reference.
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640.
Samson v. Deputy Head (Department of Justice) - 2019 FPSLREB 40 - 2019-04-08
FPSLREB Decisions - Labour RelationsReprisal
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] I have no reason to doubt Ms. Moore’s credibility and much reason to doubt the grievor’s. On a balance of probabilities, I find that both disrespectful acts occurred. [...] 300 For all of the above reasons, the Board makes the following order:
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641.
Senate Protective Service Employees Association v. Parliamentary Protective Service - 2019 FPSLREB 39 - 2019-04-01
FPSLREB Decisions - Labour RelationsExcluded position
• ... and for the purposes of this definition a person does not cease to be employed by an employer by reason only of the person’s discharge contrary to this Part or any other Act of Parliament .... [...] 21 Section 39 of the Regulations specifies as follows how the employer must file an application to exclude a position based on the reason that the employee is a person employed in a managerial or confidential capacity: [...] 32 For all of the above reasons, the Board makes the following order:
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642.
Girard v. Canada Revenue Agency - 2019 FPSLREB 37 - 2019-03-18
FPSLREB Decisions - Labour RelationsIndefinite suspension
Misconduct
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] 8 For the following reasons, I find that the suspension grievance must be dismissed. [...] 135 For all of the above reasons, the Board makes the following order:
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643.
Nolet v. Public Service Alliance of Canada - 2019 FPSLREB 38 - 2019-03-18
FPSLREB Decisions - Labour RelationsJurisdiction
2 As per the reasons set forth below, the complaint is dismissed for lack of jurisdiction. [...] For the same reason, he was not provided with a copy of the appeal tribunal’s decision. [...] 22 For all of the above reasons, the Board makes the following order:
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644.
Cummings v. Treasury Board (Correctional Service of Canada) - 2019 FPSLREB 35 - 2019-03-15
FPSLREB Decisions - Labour RelationsHoliday
Work schedule
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] IV. Reasons 40 This grievance deals with collective agreement language that no longer exists, and it falls within the legal category of de minimis,which means “trifling” or “minimal”. [...] 48 For all of the above reasons, the Board makes the following order:
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645.
Havard v. Treasury Board (Correctional Service of Canada) - 2019 FPSLREB 36 - 2019-03-15
FPSLREB Decisions - Labour RelationsAccommodation
Discrimination
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] 78 The third criterion requires the grievor to demonstrate that she made reasonable efforts to meet her daycare obligations through reasonable alternative solutions and that no such solution was reasonably accessible (see Johnstone-FCA, at para. 96). [...] 96 This is not sufficient to establish that she made reasonable efforts to meet her childcare obligations through reasonable alternatives and that no alternative solution was reasonably accessible as identified in the third criterion.
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646.
Professional Institute of the Public Service of Canada v. Treasury Board - 2019 FPSLREB 34 - 2019-03-14
FPSLREB Decisions - Labour RelationsBargaining unit
6 The Institute submitted that the employees covered by the application fall within the bargaining unit for the following reasons: [...] III. Reasons for decision 8 Section 58 of the Act provides as follows: [...] 12 For all of the above reasons, the Board makes the following order:
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647.
Lukits v. Treasury Board (Department of National Defence) - 2019 FPSLREB 32 - 2019-03-13
FPSLREB Decisions - Labour RelationsJurisdiction
Terms and conditions of employment
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] The National Defence Act vests control in the DND. The reasonable expectation test is objective. [...] 152 For all of the above reasons, the Board makes the following order:
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648.
Spruin v. Deputy Minister of Employment and Social Development - 2019 FPSLREB 33 - 2019-03-13
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
Accommodation
Discrimination
People with disabilities
7 For the reasons set out in this decision, I find that the respondent discriminated against the complainant on the prohibited ground of disability when he was denied any reasonable accommodation upon first attending the PSC 757 test in March 2014. [...] Concomitant with a search for reasonable accommodation is a duty to facilitate the search for such an accommodation. [...] 118 For all of the above reasons, the Board makes the following order:
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649.
Burt v. Deputy Minister of Veterans Affairs - 2019 FPSLREB 31 - 2019-03-12
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
However, I conclude that it is most likely that he qualified for it for another reason. [...] 112 For administrative reasons, senior management chose to proceed by way of a non-advertised appointment process rather than appointing someone from the pool. [...] 135 For all of the above reasons, the Board makes the following order:
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650.
Stewart v. Treasury Board (Correctional Service of Canada) - 2019 FPSLREB 30 - 2019-03-11
FPSLREB Decisions - Labour RelationsCollective agreement
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] He said that he received no reasonable reason and stated that Ms. Justason had said that there were no investigators. [...] It is rather informal and is to ensure that reasonable steps are taken so that disciplinary investigations are concluded in a reasonable time.