3,378 result(s)
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2,501.
Lafrance v. Treasury Board (Statistics Canada) - 2006 PSLRB 56 - 2006-05-16
FPSLREB Decisions - Labour RelationsCompensation
Duty to accommodate
Jurisdiction
Time limit
REASONS FOR DECISION Before: Georges Nadeau, Vice-Chairperson and adjudicator [...] The decision at the second level of the applicable grievance process reiterates the reasons for dismissal, without mentioning the issue of time limits or receivability. [...] [24] Accordingly, as I find that both grievances were presented within the time limit set out in the collective agreement, there is no reason to extend said time limit and I order that files 568–02–28 and 28 be closed.
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2,502.
Morin v. Statistical Survey Operations - 2006 PSLRB 55 - 2006-05-15
FPSLREB Decisions - Labour RelationsBurden of proof
Misconduct
Termination (disciplinary)
REASONS FOR DECISION Before: Georges Nadeau, adjudicator For the Grievor: Laurent Trudeau, counsel [...] [84] The reason for dismissal found in Exhibit S–2 has to do with completing a questionnaire in the respondent’s absence. [...] [101] For these reasons, I make the following order: Order [102] I allow the grievance and rescind the termination of employment.
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2,503.
D'Alessandro v. Ricard et al. - 2006 PSLRB 54 - 2006-05-12
FPSLREB Decisions - Labour RelationsBurden of proof
Duty of fair representation
REASONS FOR DECISION Before: Georges Nadeau, Vice-Chairperson For the Complainant: himself [...] Although their actions were known to the complainant and form part of the reasons behind his complaint, he nonetheless failed to identify them as respondents. [...] [54] For all of the above reasons, the Board makes the following order:
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2,504.
Labadie v. Treasury Board (Correctional Service Canada) - 2006 PSLRB 53 - 2006-05-09
FPSLREB Decisions - Labour RelationsReasons [37] At issue in this case, in my view, is not the relevance of the action. [...] That is the main reason why the number of officers in the control post is doubled. [...] [54] For all the above reasons, I make the following order. Order [55] The grievance is denied.
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2,505.
Cohen v. Canada Revnue Agency - 2006 PSLRB 50 - 2006-05-05
FPSLREB Decisions - Labour RelationsPerformance pay
. . . Reasons [5] According to the grievor, a contract was signed between the parties on July 25, 2002, granting him performance pay at the rate of 3% of his salary. [...] [12] For all of the above reasons, I make the following order: Order
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2,506.
Frazee v. Canadian Food Inspection Agency - 2006 PSLRB 49 - 2006-05-05
FPSLREB Decisions - Labour RelationsJob performance
Dr. Ochieng further stated that no one had given him a reason why the Veterinarian-in-Charge was not allowed on the kill floor (Exhibit G-27). [...] For all of the above-cited reasons, I find that the CFIA’s decision to suspend Dr. Frazee was unwarranted. [...] [72] For all of the above reasons, I make the following order: Order
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2,507.
Mulcahy v. Canada Revenue Agency - 2006 PSLRB 51 - 2006-05-05
FPSLREB Decisions - Labour RelationsSick leave
. . . Reasons [5] The issue at hand is to determine whether subclause 54.01 (a) of the collective agreement can be used under the present circumstances. [...] [6] Although the grievor submitted that the delays that she encountered between January 7 and 29, 2002 were outside of her control, the employer pointed out that she was, at the time, absent for reasons of illness and was on sick leave prior to that date. [...] [8] For all of the above reasons, I make the following order: Order
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2,508.
Tamborriello v. Treasury Board (Department of Transport) - 2006 PSLRB 48 - 2006-05-05
FPSLREB Decisions - Labour RelationsCollective agreement
REASONS FOR DECISION Before: Léo-Paul Guindon, adjudicator For the Grievor: Phillip G. Hunt, counsel for the Canadian Federal Pilots Association [...] Reasons [31] The requests for EDA filed by the grievor show the following facts (Tab E and Tab G): [...] [44] Consequently, for all of the above reasons, I make the following order:
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2,509.
Treasury Board v. UNION OF CANADIAN CORRECTIONAL OFFICERS - SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA - CSN - 2006 PSLRB 52 - 2006-05-05
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Before: Yvon Tarte, Chairperson For the Applicant: Micheline Maisonneuve, Treasury Board Secretariat [...] Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been so distributed to employees in those positions.
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2,510.
Price v. Treasury Board (Correctional Service of Canada) - 2006 PSLRB 47 - 2006-05-03
FPSLREB Decisions - Labour RelationsCanadian Charter of Rights and Freedoms
Jurisdiction
It is our belief that the post assignment is reasonable and within the parameters of your physical restrictions. [...] [53] For the foregoing reasons, I confirm my earlier oral ruling that I am without jurisdiction to determine the grievance. [...] [54] For all of the above reasons, I make the following order: Order
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2,511.
Canada Revenue Agency, Professional Institute of the Public Service of Canada and the Public Service Alliance of Canada v. Association of Canadian Financial Officers and Canadian Association of Professional Employees - 2006 PSLRB 38 - 2006-05-01
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Before: Dan Butler, Board Member For the Applicants: [...] Reasons [11] This application is filed under sections 84 and 89 of the Public Service Labour Relations Act (PSLRA) which provide as follows: [...] [22] For all of the above reasons, the Board makes the following order:
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2,512.
International Association of Machinists and Aerospace Workers and District Lodge 147, National Association of Federal Correctional Officers v. Correctional Service of Canada - 2006 PSLRB 46 - 2006-05-01
FPSLREB Decisions - Labour RelationsComplaint
Unfair labour practice
Union activity
Workplace
Reasons for my ruling on the application for intervenor status will be included with the final decision. [...] Reasons [15] As indicated above, the reasons for the ruling on the application for intervenor status, the summary of evidence and the arguments of the parties on the complaint, as well as the full reasons for the decision will be issued at a later date in Decision No. 2 . [...] [20] For these reasons, the Board makes the following order: Order
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2,513.
Association of Justice Counsel et al. v. Treasury Board et al. - 2006 PSLRB 45 - 2006-04-28
FPSLREB Decisions - Labour RelationsBargaining unit
Certification
REASONS FOR DECISION Before: Yvon Tarte, Chairperson; Sylvie Matteau, Vice-Chairperson and Dan Quigley, Board Member [...] For that reason, a national bargaining unit would not be appropriate for collective bargaining. [...] [126] For all of the above reasons, the Board makes the following order:
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2,514.
Treasury Board v. UNION OF CANADIAN CORRECTIONAL OFFICERS - SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA - CSN - 2006 PSLRB 44 - 2006-04-20
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION Before: Yvon Tarte, Chairperson For the Applicant: Micheline Maisonneuve, Treasury Board Secretariat [...] Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been so distributed to employees in those positions.
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2,515.
Blackburn v. Treasury Board (Correctional Service of Canada) - 2006 PSLRB 42 - 2006-04-19
FPSLREB Decisions - Labour RelationsLeave without pay
Medical examination
Termination (non-disciplinary)
REASONS FOR DECISION Before: Yvon Tarte, adjudicator For the Grievor: Himself [...] He had no reason to refuse, even though personal matters may be the reason for the absence. [...] [90] For all of the above reasons, I make the following order: Order
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2,516.
Morrow v. Treasury Board (Correctional Service of Canada) - 2006 PSLRB 43 - 2006-04-19
FPSLREB Decisions - Labour RelationsAbsence certification
Breach of trust
Termination (disciplinary)
REASONS FOR DECISION Before: Georges Nadeau, adjudicator For the Grievor: Edith Bramwell, counsel [...] Furthermore, Dr. Nogrady’s testimony disclosed no medical reasons that supported her actions. [...] [202] For all of the above reasons, I make the following order: Order
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2,517.
Public Service Alliance of Canada v. Canada Revenue Agency - 2006 PSLRB 41 - 2006-04-13
FPSLREB Decisions - Labour RelationsPolicy grievance
Workforce adjustment
REASONS FOR DECISION Before: Ian R. Mackenzie, adjudicator For the Grievor: Alison Dewar, counsel [...] [21] Ms. Ogden testified that she was reasonably certain that 220 of those affected employees would not be surplus. [...] [55] For all of the above reasons, I make the following order: Order
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2,518.
Keuleman v. Canada Revenue Agency - 2006 PSLRB 40 - 2006-04-12
FPSLREB Decisions - Labour RelationsTerm employee
Termination (non-disciplinary)
The employer had no reason to initiate a disciplinary action against the grievor or to retaliate. [...] This information convinces me that the grievor’s termination was not disguised discipline and was justified by valid economic reasons. [...] [49] For all of the above reasons, I make the following order: Order
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2,519.
Hickling v. Canadian Food Inspection Agency - 2006 PSLRB 39 - 2006-04-05
FPSLREB Decisions - Labour RelationsCompensatory leave
Estoppel
Overtime
REASONS FOR DECISION Before: Paul E. Love, adjudicator For the Grievor: Harinder Mahil, Professional Institute of the Public Service of Canada [...] Unless there is a specific right given to the employer to withhold wages, wages have to be paid within a reasonable time. [...] [63] For all of the above reasons, I make the following order: Order
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2,520.
King v. Canadian Food Inspection Agency - 2006 PSLRB 37 - 2006-03-31
FPSLREB Decisions - Labour RelationsEstoppel
Injury-on-duty leave
This focus on the reasonableness of the decision-making process was echoed by the adjudicator in Colyer (supra), who stated: “I am satisfied that these criteria are reasonable and that the Review Board made a reasoned decision based thereupon.” [...] If the provision does not dictate that “reasonable” always means that IODL will be the same length as the employee’s absence, neither does it dictate that another formula adopted without regard to the particular situation of an employee will be “reasonable.” [...] [39] For all of the above reasons, the Board makes the following order:
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2,521.
Morin v. Treasury Board (Department of Fisheries and Oceans) - 2006 PSLRB 35 - 2006-03-24
FPSLREB Decisions - Labour RelationsBurden of proof
Jurisdiction
Rejection on probation
REASONS FOR DECISION Before: Sylvie Matteau, grievance adjudicator [...] He could not explain why Mr. Perron had given only one reason in his report to Mr. Rowsell. [...] Reasons [87] The employer dismissed the grievor while he was on probation (2004 PSSRB 68).
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2,522.
Lannigan v. Treasury Board (Correctional Service of Canada) - 2006 PSLRB 34 - 2006-03-23
FPSLREB Decisions - Labour RelationsCollective agreement
Dress code
Annex “I”: Scale of issue of protective clothing articles for safety reasons. [...] [37] For all of the foregoing reasons, this grievance must be allowed. [...] [38] For all of the above reasons, I make the following order: Order
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2,523.
Cross v. Treasury Board (Royal Canadian Mounted Police) - 2006 PSLRB 32 - 2006-03-22
FPSLREB Decisions - Labour RelationsReclassification
Retroactive pay
REASONS FOR DECISION Before: Barry Done, adjudicator For the Grievor: Lee Bettencourt, Professional Institute of the Public Service of Canada [...] [33] I agree with this reasoning. Surely if hours of work can be changed retroactively, they can be decreased, as in Mr. Cross’ case, or they can be increased. [...] [36] For all of the above reasons, I make the following order: Order
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2,524.
Treasury Board v. Professional Institute of the Public Service of Canada - 2006 PSLRB 33 - 2006-03-22
FPSLREB Decisions - Labour RelationsDesignated position
REASONS FOR DECISION Before: Yvon Tarte, Chairperson For the Applicant: Micheline Maisonneuve, Treasury Board Secretariat [...] Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been so distributed to employees in those positions.
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2,525.
Moore v. Treasury Board (Canadian Grain Commission) - 2006 PSLRB 31 - 2006-03-21
FPSLREB Decisions - Labour RelationsEmployee status
Workforce adjustment
The “affected letter” should have included a reasonable job offer. A reasonable job offer is the rule, not the exception, in a WFA situation (clause 1.1.7, supra). [...] Given Ms. Moore’s contention that a reasonable job offer should have been made to her on April 1, 2002, she must lead evidence to show that a reasonable job offer could have been made on or about April 1, 2002. [...] [113] For all of the above reasons, I make the following order: Order