3,378 result(s)
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1,151.
Canadian Food Inspection Agency v. Public Service Alliance of Canada - 2014 PSLRB 50 - 2014-04-29
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Application before the Board 1 On April 4, 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 positions were identified as “managerial or confidential positions” 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 [...] 10 For all of the above reasons, the new Board makes the following order:
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1,152.
Canadian Food Inspection Agency v. Public Service Alliance of Canada - 2014 PSLRB 49 - 2014-04-29
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 incumbent of the position was 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 Act [...] 11 For all of the above reasons, the new Board makes the following order:
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1,153.
McNeil v. Treasury Board (Department of National Defence) - 2014 PSLRB 48 - 2014-04-28
FPSLREB Decisions - Labour RelationsBurden of proof
Extension of time
Procedure
Termination (disciplinary)
Time limit
All reasonable steps must be taken to effect prompt personal service. [...] I have no reason to disbelieve Mr. McNeil when he said he did not receive the letter. [...] 130 For all of the above reasons, I make the following order: V. Order
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1,154.
Landoulsi v. Deputy Minister of Public Works and Government Services - 2014 PSST 7 - 2014-04-23
FPSLREB Decisions - Staffing ComplaintsThe complainant alleges that this decision was based on improper reasons and that it constitutes an abuse of authority. [...] 30 For all these reasons, the Tribunal concludes that it does not have jurisdiction to consider or dispose of the complaint in this case. [...] Date of Reasons: April 23, 2014 APPEARANCES: For the complainant:
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1,155.
Legge v. Treasury Board (Department of Fisheries and Oceans) - 2014 PSLRB 47 - 2014-04-22
FPSLREB Decisions - Labour RelationsCompensation
Letter of understanding
Overtime
Overtime pay
Shift cycle
Training
Work schedule
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] IV. Reasons 29 Before determining whether the grievor is entitled to payment at the overtime rate for his training activities on the evening of April 11, 2011, I must first determine whether these activities meet the definition of training for the purposes of the collective agreement. [...] 42 For all of the above reasons, I make the following order: V. Order
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1,156.
Public Service Alliance of Canada v. Communications Security Establishment - 2014-04-16
FPSLREB Decisions - Labour RelationsPublic Interest Commission (PIC) Report
8 Section 176 requires the PIC to set out in its report “the reasons for each of its recommendations”. [...] Given this complete absence of supporting evidence I find that this assertion cannot be used as a reason for rejecting the union’s proposal. [...] The reasons why are unclear and were not addressed by either party in these proceedings.
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1,157.
Benoit v. Trimble - 2014 PSLRB 46 - 2014-04-15
FPSLREB Decisions - Labour RelationsHe agreed that it was reasonable for him to foresee the impact of forwarding Ms. Cooper’s email to Smith. [...] There is no reason for me to believe that this circumstance would have been any different. [...] [58] For all of the above reasons, the Board makes the following order:
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1,158.
Brennan v. Deputy Minister of National Defence - 2014 PSST 6 - 2014-04-14
FPSLREB Decisions - Staffing ComplaintsThe evidence shows that it was a reasoned choice to add the asset qualification. [...] 74 For all these reasons, the complaint is dismissed. Nathalie Daigle [...] Date of Reasons: April 14, 2014 APPEARANCES: For the complainant:
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1,159.
Barbot v. Treasury Board (Department of Foreign Affairs, Trade and Development) - 2014 PSLRB 45 - 2014-04-08
FPSLREB Decisions - Labour RelationsGrievance procedure
Procedure
Time limit
REASONS FOR DECISION Individual grievance referred to adjudication [...] It was not permissible or reasonable, given the facts in this case, to wait until the grievor’s grievance was sent to adjudication to raise that it was late. [...] 24 For all of the above reasons, I make the following order: Order
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1,160.
Professional Institute of the Public Service of Canada v. National Research Council - 2014-04-08
FPSLREB Decisions - Labour RelationsTerms of reference
REASONS FOR DECISION Introduction 1 The Terms of Reference of this Arbitration Board were established by the Chair of the Public Service Labour Relations Board (the “PSLRB”) on November 21, 2013 (2013 PSLRB 153 and 2013 PSLRB 154). [...] (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 [...] Subject to clause 26.01, an employee who has completed more than ten (10) years of continuous service and whose employment is terminated for reason of incompetence, shall on termination of employment be entitled to one (1) week’s pay for each completed year of continuous service with a maximum benefit of twenty-eight (28)
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1,161.
Professional Institute of the Public Service of Canada v. National Research Council - 2014-04-08
FPSLREB Decisions - Labour RelationsTerms of reference
(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 [...] Subject to clause 25.01, on rejection on during the probationary period, when an employee appointed to the continuing staff of the Council NRC has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a the probationary period, the employee shall be paid one (1) [...] 6.06 Employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time and expenses, where applicable.
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1,162.
Farrow v. Treasury Board (Department of National Defence) - 2014 PSLRB 43 - 2014-04-07
FPSLREB Decisions - Labour RelationsCompensation
Overtime
Overtime assignment
Overtime pay
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] IV. Reasons 22 The issue in this case is simple: was the grievor working on December 2, 2011, between 20:15 and 20:45, and on December 3, 2011, between 04:00 and 15:00? [...] 31 For all of the above reasons, I make the following order: V. Order
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1,163.
Federal Government Dockyard Trades and Labour Council (East) v. Treasury Board (Department of National Defence) - 2014 PSLRB 44 - 2014-04-07
FPSLREB Decisions - Labour RelationsManagerial discretion
Work schedule
However, I found those authorities of little assistance, as outlined further in my reasons. [...] An operational requirement could be the reason invoked by an employer for rendering shift work necessary, but there they may be a number of other valid reasons, such as the fact that the work must be done at night in a static state. [...] 44 For all of the above reasons, I make the following order: V. Order
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1,164.
Treasury Board v. Public Service Alliance of Canada - 2014 PSLRB 42 - 2014-04-02
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Application before the Board 1 On February 14, 2014, the Treasury Board (“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 confidential [...] Reasons 6 There is no dispute between the parties that before April 1, 2005, the positions were identified as a “managerial or confidential positions” 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 [...] 10 For all of the above reasons, the new Board makes the following order:
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1,165.
Canadian Food Inspection Agency v. Public Service Alliance of Canada - 2014 PSLRB 41 - 2014-03-31
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Application before the Board 1 On March 25, 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:
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1,166.
Cavanagh v. Sullivan - 2014 PSLRB 39 - 2014-03-28
FPSLREB Decisions - Labour RelationsFor that reason, he thought that they were not factually relevant to the issue. [...] The reason I am here is to get my Conflict of Interest grievance back. [...] [117] For all of the above reasons, the Board makes the following order:
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1,167.
Nicolas v. Deputy Head (Department of Fisheries and Oceans) - 2014 PSLRB 40 - 2014-03-28
FPSLREB Decisions - Labour RelationsBreach of security
Breach of trust
Conflict of interest
Drugs
Misconduct
Off-duty conduct
Procedure
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] IV. Reasons 85 First, I note the grievor’s decision not to be reinstated in his functions. [...] 115 For all of the above reasons, I make the following order: VI. Order
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1,168.
Makoundi v. Deputy Minister of Transport, Infrastructure and Communities - 2014 PSST 5 - 2014-03-26
FPSLREB Decisions - Staffing ComplaintsThis is another reason why, in his opinion, he was selected for lay-off. [...] 129 For all the above reasons, the complaint is dismissed. Nathalie Daigle [...] Date of Reasons: March 26, 2014 APPEARANCES: For the complainant:
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1,169.
Public Service Alliance of Canada v. Treasury Board (Department of Employment and Social Development) - 2014 PSLRB 38 - 2014-03-26
FPSLREB Decisions - Labour RelationsBurden of proof
Job description
Training
V. Reasons 60 The onus in this case rests on the grievors to establish their case on a balance of probabilities. [...] The temporal element is important for the parties for different reasons. [...] 76 For all of the above reasons, I make the following order: VI. Order
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1,170.
Conteh v. Treasury Board (Correctional Service of Canada) - 2014 PSLRB 36 - 2014-03-20
FPSLREB Decisions - Labour Relations11 The parties agreed that there is no requirement under the Code to put the reasons for a refusal to work in writing. [...] 14 There are no public policy or labour relations reasons barring the making of an order in the circumstances of this case. [...] 15 For all of the above reasons, the Board makes the following order:
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1,171.
Martin v. Treasury Board (Department of Veterans Affairs) - 2014 PSLRB 37 - 2014-03-20
FPSLREB Decisions - Labour RelationsBurden of proof
Compensation
Discretionary leave
Managerial discretion
Weather
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] Her actions were half-hearted, and she made no reasonable effort to get home sooner. [...] 73 For all of the above reasons, I make the following order: V. Order
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1,172.
Hassard v. Treasury Board (Correctional Service of Canada) - 2014 PSLRB 32 - 2014-03-19
FPSLREB Decisions - Labour RelationsBurden of proof
Credibility
Demotion
Evidence
Jurisdiction
Memorandum of settlement
Procedure
Resignation
Retirement
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] For reasons reported in 2013 PSLRB 29, I decided to split the proceedings into two stages. [...] 216 For all of the above reasons, I make the following order: VI. Order
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1,173.
Research Council Employees Association v. National Research Council of Canada - 2014-03-19
FPSLREB Decisions - Labour RelationsArbitral award
Terms of reference
(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 [...] The Council shall, subject to operational requirements as determined by the Council, make every reasonable effort: [...] For this reason, the Arbitration Board determines that a four-year term is appropriate.
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1,174.
Research Council Employees Association v. National Research Council of Canada - 2014-03-17
FPSLREB Decisions - Labour RelationsArbitral award
(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 [...] 67 The RCEA proposed an amendment to the CS collective agreement to ensure that employees called back to work are reimbursed for all reasonable expenses (not solely transportation expenses). [...] For this reason, the Arbitration Board determines that a four-year term for the AD, AS and PG Groups (expiry date of April 30, 2015) is appropriate.
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1,175.
Canadian Food Inspection Agency v. Public Service Alliance of Canada - 2014 PSLRB 31 - 2014-03-14
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Application before the Board 1 On February 11, 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: