3,378 result(s)
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926.
Kachmar v. Deputy Minister of Foreign Affairs and International Trade - 2016 PSLREB 70 - 2016-07-29
FPSLREB Decisions - Staffing Complaints5 For the reasons that follow, I allow the motion to dismiss. II. Background [...] The Board is not ruling on whether the complainant has reason to complain about the assignment carried out by the respondent. [...] 20 For all of the above reasons, the Board makes the following order:
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927.
Dhillon v. Treasury Board (Correctional Service of Canada) - 2016 PSLREB 69 - 2016-07-28
FPSLREB Decisions - Labour RelationsDiscrimination
Duty to accommodate
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] The employer acted reasonably, given the facts that it had before it. [...] 112 For all of the above reasons, the Board makes the following order:
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928.
Campbell v. Canada Revenue Agency - 2016 PSLREB 66 - 2016-07-25
FPSLREB DecisionsMisconduct
Termination (disciplinary)
The Court determined that the credibility of an interested witness must be tested by reasonably subjecting the story to an examination of its consistency with the probabilities that surround the currently existing conditions. [...] For the reasons noted earlier, the bond of trust in the employer-employee relationship has been caused irreparable harm by the grievor’s decision to repeatedly disregard the employer’s code of conduct. [...] 53 For all of the above reasons, the Board makes the following order:
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929.
Lawrence v. Deputy Head (Correctional Service of Canada) - 2016 PSLREB 67 - 2016-07-25
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Introduction 1 The grievor worked as a parole officer in the Frontenac Institution (“the institution”) in Kingston, Ontario, which is a minimum-security facility. [...] Reasons 25 Given the grievor’s flagrant wrongdoing, I find his termination of employment justified. [...] 32 For all of the above reasons, the Board makes the following order:
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930.
Canadian Association of Professional Employees v. Treasury Board (Department of Public Works and Government Services) - 2016 PSLREB 68 - 2016-07-23
FPSLREB Decisions - Labour RelationsFreeze period
Premium pay
Reprisal
Shift cycle
The business-as-before approach is not exclusive to the reasonable expectations approach. [...] 163 For all the above reasons, I conclude that ss. 190 and 107 of the Act were violated. [...] 164 For all of these reasons, the Board makes the following order: VI. Order
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931.
Pinard v. Deputy Minister of Natural Resources - 2016 PSLREB 65 - 2016-07-22
FPSLREB Decisions - Staffing ComplaintsA reasonable apprehension of bias may constitute an abuse of authority. [...] While the complainant may have perceived that there existed a conflict with Ms. Knapp, I do not find that a reasonably informed bystander would reasonably apprehend bias in these circumstances. [...] 154 For all of the above reasons, the Board makes the following order:
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932.
Jackson v. Public Service Alliance of Canada - 2016 PSLREB 64 - 2016-07-20
FPSLREB Decisions - Labour RelationsBurden of proof
Unfair labour practice
The decision was made without considering the consequences at hand, which was not reasonable (see Jakutavicius v. Public Service Alliance of Canada, 2005 PSLRB 70). [...] 62 For all of these reasons, the complainant has not discharged her burden of proof. [...] 63 For all of the above reasons, the Board makes the following order:
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933.
Yarney v. Deputy Head (Department of Health) - 2016 PSLREB 63 - 2016-07-19
FPSLREB Decisions - Labour RelationsAbandonment of grievance
Jurisdiction
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] For that reason, the Board should not consider that part of the grievance. [...] 53 For all of the above reasons, the Board makes the following order:
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934.
Jean-Pierre v. Chairperson of the Immigration and Refugee Board - 2016 PSLREB 62 - 2016-07-15
FPSLREB Decisions - Staffing ComplaintsAs mentioned, there is a reason their experience was deemed satisfactory in the process. [...] though they agree that fairness should require the provision of reasons in certain circumstances, caution against a requirement of “archival” reasons associated with court judgments, and note that the special nature of agency decision-making in different contexts should be considered in evaluating reasons requirements. [...] Reasons 148 For all of the above reasons, the Board makes the following order:
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935.
Lala v. United Food and Commercial Workers Canada, Local 401, and Staff of the Non-Public Funds, Canadian Forces - 2016 PSLREB 59 - 2016-07-04
FPSLREB Decisions - Labour RelationsCertification revocation
Representation vote
4 The reason recited in support of the application was that the employee organization no longer represented a majority of the employees in the bargaining unit. [...] For the reasons outlined in its submissions, the bargaining agent requested that the Board dismiss the application due to employer dominance and inappropriate intervention in the process. [...] 54 Subsection 241(1) of the Act provides as follows: “No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity.”
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936.
Lala v. United Food and Commercial Workers Canada, Local 401, and Staff of the Non-Public Funds, Canadian Forces - 2016 PSLREB 60 - 2016-07-04
FPSLREB Decisions - Labour RelationsCertification revocation
Time limit
A legislature would not go to the trouble and expense of amending a provision without any reason. [...] 110 For all of the above reasons, the Board makes the following order: [...] 111 For all of the foregoing reasons, I conclude that the application for revocation is timely.
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937.
Public Service Alliance of Canada v. Treasury Board - 2016 PSLREB 61 - 2016-07-04
FPSLREB Decisions - Labour RelationsReclassification
Transfer
Again, this is a reasonable interpretation of the policy. [Emphasis added] [...] ... hardship is not a reason to alter a clear meaning, it is a reason to choose one of two equally plausible meanings ... [...] 149 For all of the above reasons, the Board makes the following order:
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938.
Denboer v. Treasury Board (Correctional Service of Canada) - 2016 PSLREB 58 - 2016-06-29
FPSLREB Decisions - Labour RelationsShift differential
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] V. Reasons 52 Parties to a collective agreement, when they negotiate its terms, attempt to define certain benefits, rights, and working conditions and in so doing try to avoid disagreements. [...] 76 For all of the above reasons, I make the following order: VI. Order
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939.
United Food and Commercial Workers Union, Local 401 v. Staff of the Non-Public Funds, Canadian Forces - 2016 PSLREB 57 - 2016-06-28
FPSLREB Decisions - Labour RelationsBargaining in good faith
· made every reasonable effort to enter into a collective agreement with the UFCW 401; [...] (b) make every reasonable effort to enter into a collective agreement. [...] 172 For all of the above reasons, the Board makes the following order:
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940.
Warford v. Commissioner of the Royal Canadian Mounted Police - 2016 PSLREB 56 - 2016-06-28
FPSLREB Decisions - Staffing Complaints5 For the reasons that follow, I find that the complainants have not established that the respondent abused its authority and therefore dismiss all the complaints. [...] It is reasonable that the respondent clearly requested detailed examples of such a competency in the screening process. [...] 44 For all of the above reasons, I make the following order. V. Order
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941.
Wepruk v. Treasury Board (Department of Health) - 2016 PSLREB 55 - 2016-06-24
FPSLREB Decisions - Labour RelationsAdmissible evidence
Jurisdiction
Mootness
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] She advised the employer that she had obtained that certificate when seeing her doctor for another reason. [...] 108 For all of the above reasons, I make the following order: V. Order
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942.
Atkinson v. Treasury Board (Correctional Service of Canada) - 2016 PSLREB 54 - 2016-06-22
FPSLREB Decisions - Labour RelationsWorkforce adjustment
REASONS FOR DECISION I. Summary 1 Kim Atkinson (“the grievor”) worked at the Correctional Service of Canada’s (“the employer”) Sumas Correctional Centre in Abbotsford, British Columbia, when he sought and was granted leave without pay (LWOP) to relocate to London, Ontario, with his family. [...] V. Reasons 32 The evidence clearly establishes that the grievor would have been declared surplus and thereby triggered the employer’s obligation to find him another position in B.C. had the grievor wanted this. [...] 38 For the reasons I have noted, I dismiss the grievance. June 22, 2016.
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943.
Abi-Mansour v. President of the Public Service Commission - 2016 PSLREB 53 - 2016-06-21
FPSLREB Decisions - Staffing Complaints7 For the reasons that follow, I find that the complaints are not substantiated. [...] Mr. Gravel’s explanation for the required four university-level courses was reasonable. [...] 98 For all of the above reasons, the Board makes the following order:
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944.
Treasury Board v. Public Service Alliance of Canada - 2016 PSLREB 52 - 2016-06-21
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Request before the Board 1 In Public Service Alliance of Canada v. Treasury Board,PSSRB File No. 142-02-337 (19990607), the Public Service Staff Relations Board (“the PSSRB”) confirmed the Public Service Alliance of Canada (“the respondent”) as the bargaining agent for the Program and Administrative [...] 8 For all of the above reasons, the Board makes the following order:
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945.
Treasury Board v. Public Service Alliance of Canada - 2016 PSLREB 51 - 2016-06-21
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Request before the Board 1 In Public Service Alliance of Canada v. Treasury Board,PSSRB File No. 142-02-337 (19990607), the Public Service Staff Relations Board (“the PSSRB”) confirmed the Public Service Alliance of Canada (“the respondent”) as the bargaining agent for the Program and Administrative [...] 8 For all of the above reasons, the Board makes the following order:
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946.
Baragar v. Chairperson of the Immigration and Refugee Board - 2016 PSLREB 50 - 2016-06-14
FPSLREB Decisions - Staffing ComplaintsREASONS FOR DECISION I. Introduction 1 Edith Baragar (“the complainant”) was a candidate in two internal advertised appointment processes at the Immigration and Refugee Board (IRB). [...] 6 For the following reasons, the Board finds that the complaints are not substantiated. [...] 69 For all of the above reasons, the Board makes the following order:
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947.
Casper v. Deputy Minister of Citizenship and Immigration - 2016 PSLREB 49 - 2016-06-10
FPSLREB Decisions - Staffing ComplaintsIn the context of these reasons, this procedure is referred to as “the referral process”. [...] 29 For the same reason, the Board finds that the SMC used to assess the complainant could not have been used to make an appointment from process 13-20. [...] 36 For all of the above reasons, the Board makes the following order:
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948.
Association of Justice Counsel v. Treasury Board - 2016 PSLREB 48 - 2016-06-03
FPSLREB Decisions - Labour RelationsConsultation
Management rights
Policy grievance
The employer refused to pay the expenses for the sole reason that his claim was submitted over five years after the termination of his employment. [...] … In my view, there are indeed good reasons to consider that a public law duty of fairness attaches to the PSLRA grievance process. [...] 160 For all of the above reasons, the Board makes the following order:
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949.
Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN v. Treasury Board - 2016 PSLREB 47 - 2016-06-03
FPSLREB Decisions - Labour RelationsFreeze period
Policy grievance
Sick leave
Unfair labour practice
REASONS FOR DECISION I. Policy grievance referred to adjudication and complaint before the Board [...] Thus, it was reasonable for the employer to act on that interpretation. [...] 225 For all of the above reasons, I make the following order: V. Order
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950.
Canadian Federal Pilots Association v. Treasury Board - 2016 PSLREB 46 - 2016-06-02
FPSLREB Decisions - Labour RelationsOvertime
Overtime pay
Policy grievance
REASONS FOR DECISION I. Background 1 The Canadian Federal Pilots Association (“the bargaining agent”) grieves how their flight followers in the Aircraft Operations (AO) Group at Transport Canada are compensated for after-hours and weekend work. [...] For the reasons noted above, the evidence does not allow me to conclude that flight followers’ work is continuous.