3,378 result(s)
-
1,126.
Tran v. Professional Institute of the Public Service of Canada - 2014 PSLRB 71 - 2014-07-08
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Jurisdiction
Recruiting
Time limit
Unfair labour practice
It further submitted that the complainant did not give a logical or convincing reason to justify the delay. [...] IV. Reasons 74 The complainant filed two unfair labour practice complaints. [...] 117 For all of the above reasons, the Board makes the following order:
-
1,127.
Malisza v. National Research Council of Canada - 2014 PSLRB 69 - 2014-07-07
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievances referred to adjudication [...] It was not transparent; nor was the reason identified for layoff correct. [...] [74] For all of the above reasons, the Board makes the following order:
-
1,128.
Treasury Board of Canada v. Association of Justice Counsel - 2014 PSLRB 68 - 2014-07-07
FPSLREB Decisions - Labour RelationsBargaining unit
Certification
Decision review
Excluded position
Occupational group
The employer’s request, with the bargaining agent’s concurrence, that the current exclusions from the former LA occupational group continue to be in effect is reasonable since the effect of amending the certification order would not alter the reasons for which these positions were excluded and giving effect to this request [...] 9 For all of the above reasons, the Board makes the following order: [...] 13 All exclusions of positions within the LA group, whether made by reason of law or determination of the Board, shall continue in full force and effect with the exception that they will now be exclusions from the LP group.
-
1,129.
Obreja v. Deputy Minister of the Environment - 2014 PSST 11 - 2014-07-02
FPSLREB Decisions - Staffing Complaints4 For the reasons that follow, the Tribunal finds that the complainant has not established that the respondent abused its authority in its assessment of the candidates. [...] 101 For all these reasons, the complaints are dismissed. Lyette Babin-MacKay [...] Date of Reasons: July 2, 2014 APPEARANCES: For the complainant:
-
1,130.
Treasury Board v. Association of Justice Counsel - 2014 PSLRB 67 - 2014-06-26
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Application before the Board 1 On April 22, 2014, the Treasury Board ("the applicant") applied for an order declaring that positions in the LA Group bargaining unit are managerial or confidential pursuant to section 71 of the Public Service Labour Relations Act (PSLRA). [...] 6 For all of the above reasons, the Board makes the following order:
-
1,131.
Mongeon v. Treasury Board (Department of Public Works and Government Services) - 2014 PSLRB 66 - 2014-06-21
FPSLREB Decisions - Labour RelationsBurden of proof
Compensation
Injury-on-duty leave
Jurisdiction
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] The employer was reasonable in its decision to deny the grievor’s request. [...] 62 For all of the above reasons, I make the following order: V. Order
-
1,132.
Legere v. Deputy Head (Correctional Service of Canada) - 2014 PSLRB 65 - 2014-06-18
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievances referred to adjudication [...] They must act on reasonable grounds. To determine if an officer’s reaction was reasonable, one must ask what a reasonable officer on the scene would have concluded. [...] [255] For all of the above reasons, the Board makes the following order:
-
1,133.
Research Council Employees Association v. National Research Council of Canada - 2014-06-17
FPSLREB Decisions - Labour RelationsArbitral award
17 It stated that a decision-maker is barred from further augmenting its reasons on issues that were previously addressed where the earlier award adequately represents the manifest intention of the decision-maker: I.M.P. Group Ltd. Aerospace Division (Comox) v. Public Service Alliance of Canada, 2007 FC 517. [...] However, for the reasons set out below, we conclude that the Arbitration Board does have jurisdiction to address the issue surrounding salary protection and is not functus officio.
-
1,134.
Canadian Federal Pilots Association v. Treasury Board (Department of Transport) - 2014 PSLRB 64 - 2014-06-13
FPSLREB Decisions - Labour RelationsAdmissible evidence
Bargaining in good faith
Collective bargaining
Complaint
Estoppel
Managerial discretion
Policy grievance
Qualification
Training
Unfair labour practice
REASONS FOR DECISION I. Complaint before the Board and policy grievance referred to adjudication [...] (b) make every reasonable effort to enter into a collective agreement. [...] 113 For all of the above reasons, the Board and I make the following order:
-
1,135.
Robertson v. Deputy Head (Department of National Defence) - 2014 PSLRB 63 - 2014-06-11
FPSLREB Decisions - Labour RelationsBurden of proof
Grievance procedure
Jurisdiction
New issue
Resignation
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] 1. The grievor had more than a reasonable amount of time for reflection. [...] 63 For all of the above reasons, I make the following order: V. Order
-
1,136.
Treasury Board v. Canadian Association of Professional Employees - 2014 PSLRB 62 - 2014-06-11
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Application before the Board 1 On April 3, 2014, the Treasury Board ("the applicant") applied for an order declaring that certain positions in the Economics and Social Science Services Group bargaining unit are managerial or confidential positions pursuant to section 71 of the Public Service Labour [...] 6 For all of the above reasons, the Board makes the following order:
-
1,137.
Gravelle v. Deputy Head (Department of Justice) - 2014 PSLRB 61 - 2014-06-06
FPSLREB Decisions - Labour RelationsAbsenteeism
Breach of confidence
Breach of trust
Indefinite suspension
Jurisdiction
Misconduct
Misuse of InternetE-Mail
Mootness
Security clearance
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] The grievor testified that those operational reasons were never explained to him. [...] 109 For all of the above reasons, I make the following order: V. Order
-
1,138.
Canadian Food Inspection Agency v. Public Service Alliance of Canada - 2014 PSLRB 60 - 2014-06-03
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Application before the Board 1 On April 24, 2014, the Canadian Food Inspection Agency (“the employer”) and the Public Service Alliance of Canada (“the bargaining agent”) filed a joint application with the Public Service Labour Relations Board (“the new Board”) for an order revoking the managerial or [...] Reasons 6 There is no dispute between the parties that before April 1, 2005, the position was identified as a “managerial or confidential position” under paragraph (g) of that definition in subsection 2(1), paragraph 5.1(1)(b) and section 5.2 of the former Act. Pursuant to section 50 of the Public Service Modernization Act, [...] 10 For all of the above reasons, the new Board makes the following order:
-
1,139.
Nash v. Commissioner of the Correctional Service of Canada - 2014 PSST 10 - 2014-06-02
FPSLREB Decisions - Staffing Complaints5 For the reasons that follow, the Tribunal has determined that the evidence does not establish abuse of authority. [...] Based on the jurisprudence, the test for reasonable apprehension of bias in a staffing complaint can be formulated as follows: Would a reasonably informed bystander looking at the process reasonably perceive bias on the part of Ms. LePage? [...] Date of Reasons: June 2, 2014 APPEARANCES: For the complainant:
-
1,140.
Professional Institute of the Public Service of Canada v. National Research Council of Canada - 2014 PSLRB 59 - 2014-05-30
FPSLREB Decisions - Labour RelationsCollective agreement
Freeze period
Jurisdiction
Management rights
Terms and conditions of employment
Waiver
11 For reasons currently unknown, the National Research Council as the employer, in a previous round of bargaining, negotiated with the bargaining agent and agreed to include articles 30.01 to 30.03 in the collective agreement. [...] For reasons currently unknown, the employer negotiated these provisions with the bargaining agent and agreed to include them in the collective agreement. [...] Reasons for decision 72 The employer agreed in previous rounds of bargaining to include articles 30.01 to 30.03 in the collective agreement with the bargaining agent.
-
1,141.
Professional Institute of the Public Service of Canada v. National Research Council of Canada - 2014 PSLRB 57 - 2014-05-30
FPSLREB Decisions - Labour RelationsCollective agreement
Freeze period
Jurisdiction
Management rights
Terms and conditions of employment
Waiver
11 For reasons currently unknown, the National Research Council as the employer, in a previous round of bargaining, negotiated with the bargaining agent and agreed to include article 2 in the collective agreement. [...] For reasons currently unknown, the employer negotiated these provisions with the bargaining agent and agreed to include them in the collective agreement. [...] Reasons for decision 72 The employer agreed in previous rounds of bargaining to include article 2 in the collective agreement with the bargaining agent.
-
1,142.
Professional Institute of the Public Service of Canada v. National Research Council of Canada - 2014 PSLRB 58 - 2014-05-30
FPSLREB Decisions - Labour RelationsCollective agreement
Freeze period
Jurisdiction
Management rights
Terms and conditions of employment
Waiver
11 For reasons currently unknown, the National Research Council as the employer, in a previous round of bargaining, negotiated with the bargaining agent and agreed to include articles 22.01 to 22.03 in the collective agreement. [...] For reasons currently unknown, the employer negotiated these provisions with the bargaining agent and agreed to include them in the collective agreement. [...] Reasons for decision 72 The employer agreed in previous rounds of bargaining to include articles 22.01 to 22.03 in the collective agreement with the bargaining agent.
-
1,143.
Chen v. Ouellet - 2014 PSLRB 56 - 2014-05-23
FPSLREB Decisions - Labour RelationsBurden of proof
Complaint
Credibility
Duty of fair representation
Time limit
Unfair labour practice
Pierre said that he understood that from the discussion at the meeting we had, but that – for some reason - Suzhen has other ideas. [...] However, on December 23, 2011, without any valid reason, Mr. Ouellet decided to withdraw my case. [...] 99 For all of the above reasons, the Board makes the following order:
-
1,144.
McCuaig v. Public Service Alliance of Canada - 2014 PSLRB 55 - 2014-05-23
FPSLREB Decisions - Labour RelationsCertification revocation
Procedure
Reasons 12 I have examined the application, the reply of the respondent, and the signed consents of 11 of the 13 bargaining unit members and the email of the 1 bargaining unit member who was on leave, all of whom are in agreement with the application. [...] 18 Given the reasons set out in paragraphs 16 and 17 of this decision, I am satisfied that there is no need to conduct a vote under section 95 of the Act. [...] 20 For all of the above reasons, the Board makes the following order:
-
1,145.
Canadian Food Inspection Agency v. Professional Institute of the Public Service of Canada - 2014 PSLRB 54 - 2014-05-22
FPSLREB Decisions - Labour Relations… (iii) who is required by reason of the duties and responsibilities of that person to deal formally on behalf of the employer with a grievance presented in accordance with the grievance process provided for by this Act, [...] Reasons 7 There is no dispute between the parties that before June 1, 1993, the incumbents of the positions were identified as a “person employed in a managerial or confidential capacity” under subparagraph (c)(iii) of that definition in section 2 of the former Act. Pursuant to subsection 94(2) of the Public Service Reform [...] 11 For all of the above reasons, the new Board makes the following order:
-
1,146.
Ryan v. Deputy Minister of National Defence - 2014 PSST 9 - 2014-05-22
FPSLREB Decisions - Staffing Complaints23 The complainant alleges that there is a reasonable apprehension that Mr. Hall would be biased against her. [...] 50 For these reasons, the complaint is substantiated. Corrective Action [...] Date of Reasons: May 22, 2014 APPEARANCES: For the complainant:
-
1,147.
Coulter v. Public Service Alliance of Canada - 2014 PSLRB 53 - 2014-05-20
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Time limit
Unfair labour practice
6 The complainant stated that in or about September 2012, she requested leave without pay for personal reasons, which was granted, and on or about September 15, 2012, she moved to the Hamilton area. [...] 63 Given the reasons set out, I do not have to address the arguments put forth by the respondent. [...] 64 For all of the above reasons, the Board makes the following order:
-
1,148.
Rinehart v. Deputy Minister of National Defence - 2014 PSST 8 - 2014-05-20
FPSLREB Decisions - Staffing Complaints29 The Tribunal is satisfied that the score assigned to the complainant regarding this element was reasonable. [...] 81 For all these reasons, the complaints are dismissed. Nathalie Daigle [...] Date of Reasons: May 20, 2014 APPEARANCES: For the complainant:
-
1,149.
Allain et al. v. Treasury Board (Royal Canadian Mounted Police) - 2014 PSLRB 52 - 2014-05-15
FPSLREB Decisions - Labour RelationsActing pay
Burden of proof
Classification
Compensation
Job description
Jurisdiction
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] IV. Reasons 103 The employer objected to my jurisdiction on the basis that the subject matter of the grievances is in fact classification. [...] 134 For all of the above reasons, I make the following order: V. Order
-
1,150.
Federal Government Dockyard Trades and Labour Council (East) v. Treasury Board (Department of National Defence) - 2014 PSLRB 51 - 2014-05-01
FPSLREB Decisions - Labour RelationsManagement rights
Work assignment
For that reason, the employer should not be permitted to disregard the bargaining unit structure when assigning work. [...] III. Reasons 54 On April 20, 2009, 21 employees in SR-E bargaining unit employed at FMF Cape Scott in Halifax filed a group grievance, which read as follows: [...] 73 For all of the above reasons, I make the following order: IV. Order