3,377 result(s)
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151.
Lewis v. Deputy Head (Correctional Service of Canada) - 2023 FPSLREB 27 - 2023-03-24
FPSLREB Decisions - Labour RelationsExtension of time
[6] For the reasons that follow, the application for an extension of time is granted. [...] 1. Clear, cogent, and compelling reasons for the delay [22] The applicant submits that there is a clear, cogent, and compelling reason for the delay. [...] [76] For all of the above reasons, the Board makes the following order:
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152.
Stewart v. Deputy Head (Royal Canadian Mounted Police) - 2023 FPSLREB 26 - 2023-03-15
FPSLREB Decisions - Staffing ComplaintsREASONS FOR DECISION I. Introduction [1] The complainant, Serge Stewart, made a complaint to the Federal Public Sector Labour Relations and Employment Board (“the Board”) under ss. 77(1)(a) and (b) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; “PSEA”). [...] [4] For the reasons that follow, the complaint is dismissed. The complainant stated to the Board that he did not intend to engage in the hearing process or present evidence to discharge the burden of proving that an abuse of authority occurred. [...] [30] For all of the above reasons, the Board makes the following order:
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153.
Mar v. Deputy Head (Department of National Defence) - 2023 FPSLREB 25 - 2023-03-14
FPSLREB Decisions - Staffing ComplaintsDiscrimination
Jurisdiction
Terms and conditions of employment
REASONS FOR DECISION I. Complaint before the Board [1] According to the facts on file, Gina Mar (“the complainant”) occupies a procurement manager (classified PG-03) position with the Department of National Defence (“the respondent”) at the Canadian Forces Base (CFB) Esquimalt. [...] [42] For all of the above reasons, the Board makes the following order:
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154.
Langlois v. Deputy Head (Department of Employment and Social Development) - 2023 FPSLREB 24 - 2023-03-03
FPSLREB Decisions - Staffing ComplaintsREASONS FOR DECISION FPSLREB TRANSLATION I. Complaint before the Board [...] [35] Reasonable assessment terms applied to all candidates cannot constitute an abuse of authority. [...] [41] For all of the above reasons, the Board makes the following order:
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155.
Bédard v. Deputy Head (Department of National Defence) - 2023 FPSLREB 23 - 2023-02-27
FPSLREB Decisions - Staffing ComplaintsREASONS FOR DECISION FPSLREB TRANSLATION I. Complaints before the Board [...] IV. Reasons [83] Each party set out two questions for me to consider. [...] [107] For all of the above reasons, the Board makes the following order:
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156.
Slusarchuk v. Treasury Board (Correctional Service of Canada) - 2023 FPSLREB 22 - 2023-02-23
FPSLREB Decisions - Labour Relations· clear, cogent, and compelling reasons for the delay; · the length of the delay; [...] It argues that these are clear, compelling, and convincing reasons to extend the time limit. [...] [47] For all of the above reasons, the Board makes the following order:
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157.
Daigneault v. Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN (UCCO-SACC-CSN) - 2023 FPSLREB 21 - 2023-02-22
FPSLREB Decisions - Labour RelationsDuty of fair representation
Time limit
The union is required to take a reasonable view of the problem and to reach a thoughtful decision or conclusion. [...] 2) it must make a reasoned decision; and 3) there must be an absence of “blatant or reckless disregard.” [...] [120] For all of the above reasons, the Board makes the following order:
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158.
Ivanoff v. Treasury Board (Correctional Service of Canada) - 2023 FPSLREB 20 - 2023-02-20
FPSLREB Decisions - Labour RelationsEmployee attitude
Harassment
Misconduct
The employer’s approach was reasonable and measured in the circumstances. [...] The grievor provided a rationale for his copies on Email 3 that is reasonable, as was already reviewed in the reasons section for Email 3. [...] [241] For all of the above reasons, the Board makes the following order:
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159.
Public Service Alliance of Canada v. Treasury Board (Department of Fisheries and Oceans) - 2023 FPSLREB 19 - 2023-02-16
FPSLREB Decisions - Labour RelationsGroup grievance
Management rights
Overtime
Work schedule
(d) Every reasonable effort shall be made by the Employer: d) L’Employeur fait tout effort raisonnable : [...] V. Reasons [42] Given that the fisheries officers’ work is tied inexorably to the resources they help protect, namely, salmon and many other species in aquaculture, it is eminently reasonable that their hours of work correspond to the ebb and flow of the peaks of activity of those natural resources. [...] [53] For all of the above reasons, the Board makes the following order:
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160.
Corneau v. Association of Justice Counsel - 2023 FPSLREB 16 - 2023-02-15
FPSLREB Decisions - Labour RelationsDuty of fair representation
Time limit
It failed to provide any valid reasons for not representing her. From that, she inferred that the respondent did not have a reasonable justification for its decision. [...] For that reason, I put little weight on the many cases cited by the respondent in which employers’ mandatory vaccination policies have been found reasonable by adjudicators or arbitrators. [...] [112] For all of the above reasons, the Board makes the following order:
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161.
Public Interest Commission Report - The PA Group and Common Issues with Other Bargaining Units - 2023-02-15
FPSLREB DecisionsWe have principally made recommendations oriented to assisting the parties to achieve a settlement on central issues or ones where there seemed to be a reasonable and fair solution which the parties should be able to agree upon. [...] The Commission finds it reasonable to conclude that obtaining a medical certificate for sick leave of 3 days (22.5 hours) can be onerous and costly for employees and that a contribution from the Employer seeking such a certificate is in order. [...] This, along with the current authority to refuse permission where there are reasonable grounds for the Employer to do so, ought to assuage the Employer’s concerns.
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162.
Reece v. Canada Revenue Agency - 2023 FPSLREB 18 - 2023-02-15
FPSLREB Decisions - Labour RelationsDiscrimination
Duty to accommodate
People with disabilities
REASONS FOR DECISION I. Introduction, and background to the grievance [...] He requested these reasons in writing. The following are the reasons for the potential move: [...] [111] For all of the above reasons, the Board makes the following order:
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163.
Sousa-Dias v. Deputy Head (Canada Border Services Agency) - 2023 FPSLREB 15 - 2023-02-14
FPSLREB Decisions - Labour RelationsCompensation
REASONS FOR DECISION I. Individual grievance before the Board [1] The grievor, Pedro Sousa-Dias was suspended from work for 2.5 hours on November 21, 2012 for wearing a union bracelet hanging from his watch band, and not complying with a direction that it could be worn only around his wrist.
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164.
Lau v. Chief Administrator of the Courts Administration Service - 2023 FPSLREB 13 - 2023-02-10
FPSLREB Decisions - Staffing ComplaintsJurisdiction
[8] Based on the information and submissions in front of me and for the reasons that follow, I conclude that the complainant does have a right of recourse with respect to the appointment of the appointee. [...] She also argued that it would not be logical or reasonable to expect a candidate to decline an offer before him or her just to maintain the right of complaint for future appointments that may or may not happen. [...] [56] For all of the above reasons, the Board makes the following order:
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165.
Vaxvick v. Public Service Alliance of Canada - 2023 FPSLREB 14 - 2023-02-10
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Leave without pay
Time limit
REASONS FOR DECISION I. Complaint before the Board [1] On May 11, 2022, Arlene Vaxvick (“the complainant”) made a complaint with the Federal Public Sector Labour Relations and Employment Board (“the Board”) against her bargaining agent, the Public Service Alliance of Canada (“PSAC” or “the respondent”). [...] [39] For all of the above reasons, the Board makes the following order:
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166.
Guillemette v. Deputy Head (Correctional Service of Canada) - 2023 FPSLREB 12 - 2023-02-09
FPSLREB Decisions - Labour RelationsBreach of trust
Off-duty conduct
Reinstatement
Termination (disciplinary)
REASONS FOR DECISION FPSLREB TRANSLATION I. Anonymization request [...] After hearing the evidence, I find that the employer had no valid reason. [...] I find his 20-day suspension proposal reasonable in the circumstances.
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167.
Public Interest Commission - Public Service Alliance of Canada and Canada Revenue Agency - 2023-02-07
FPSLREB DecisionsThis mediation never began for reasons well known to the parties and discussed in the briefs and at the hearing. [...] • (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
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168.
590-02-44770 - 2023-02-02
FPSLREB Decisions(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 [...] We agree with and adopt the above reasoning. As with the TC Group, the EB table remains far apart with divergent rationales in support of their respective positions. [...] Further to the reasons provided above, the Commission finds and recommend as follows:
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169.
585-23-44924 - 2023-01-31
FPSLREB Decisions[4] Independent of all that, the union was of the view that its proposals were necessary, reasonable, and appropriate.
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170.
Bhasin v. National Research Council of Canada - 2023 FPSLREB 11 - 2023-01-30
FPSLREB Decisions - Labour RelationsReprisal
Termination (non-disciplinary)
Time limit
I am satisfied that NRC has provided you with adequate time to improve your work performance, precise goals, coaching, support and all other reasonable opportunities to demonstrate your ability to perform the duties. [...] IV. Reasons [18] In her complaints to the Board and in her submissions, the complainant alleged that the respondent violated the Code, the Canadian Human Rights Act (R.S.C., 1985, c. H-6), and the relevant collective agreement. [...] [31] For all of the above reasons, the Board makes the following order:
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171.
Huard v. Deputy Head (Office of Infrastructure of Canada) - 2023 FPSLREB 9 - 2023-01-27
FPSLREB Decisions - Staffing ComplaintsREASONS FOR DECISION FPSLREB TRANSLATION I. Complaints before the Board [...] However, the justification for the non-advertised process appears reasonable to me. [...] [130] For all of the above reasons, the Board makes the following order:
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172.
McCarthy v. Treasury Board (Correctional Service of Canada) - 2023 FPSLREB 10 - 2023-01-27
FPSLREB Decisions - Labour RelationsCollective agreement
Compensation
Duty to accommodate
Workplace
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] The only reason he applied was on account of the duty to accommodate. [...] [291] He stated that it was more reasonable to accept the assignment.
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173.
590-02-44771 - 2023-01-26
FPSLREB Decisionsd) 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 in the nature of the services rendered; and [...] It goes without saying that the more reasonable the instructions, the greater the chance of resolving issues in dispute at the bargaining table. [...] The numerous proposals are not focused and they would result in an increase to compensation far beyond what is reasonable.
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174.
Sterkenburg v. Treasury Board (Correctional Service of Canada) - 2023 FPSLREB 8 - 2023-01-26
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
Reprisal
[53] The same reasoning applies in this case, according to the complainant. [...] [57] The cleanup plan finally did not proceed; this shows that the complainant’s concern was reasonable. [...] [82] For all of the above reasons, the Board makes the following order:
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175.
Treasury Board v. Canadian Merchant Service Guild - 2023 FPSLREB 7 - 2023-01-19
FPSLREB Decisions - Labour RelationsBargaining in good faith
Time limit
IV. Reasons [60] For the reasons that follow, the complaint is dismissed. [...] (b) make every reasonable effort to enter into a collective agreement. [...] [84] For all of the above reasons, the Board makes the following order: