3,377 result(s)
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2,701.
Asselin v. Canadian Food Inspection Agency - 2005 PSSRB 18 - 2005-02-11
FPSLREB Decisions - Labour RelationsCourt leave
Reasons for Decision [12] While the decisions cited by the parties provide some insight into the concepts of subpoenas and summons, it is my personal belief that it is useful to examine the collective agreement and to refer to the provisions relating to leave in their entirety in order to interpret each one. [...] [18] Given the fact that the clauses are interpreted in relation to each other, the only interpretation to give to subclause C15.01(c) is that the fundamental reason for the employee's absence must come from the fact that he is required to be absent because he is subpoenaed as a witness before an investigator or a court of [...] [33] For these reasons, I dismiss the grievance. Jean-Pierre Tessier
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2,702.
Cyr v. Parks Canada Agency - 2005 PSSRB 16 - 2005-02-10
FPSLREB Decisions - Labour RelationsAggressive behaviour towards superior
Insubordination
Reasons for decision [21] It is true that the events of September 3 and 4, 2003, reflect the various tense exchanges and discussions that took place between the administration and Mr. Cyr during the summer of 2003.
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2,703.
Cyr v. Parks Canada Agency - 2005 PSSRB 15 - 2005-02-10
FPSLREB Decisions - Labour RelationsMisconduct
Reasons for decision [18] After hearing the testimony and examining the photographs filed in evidence, I am satisfied that Mr. Cyr deliberately lay down in the cabin of the boat in order to rest and sleep a little.
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2,704.
Cyr v. Parks Canada Agency - 2005 PSSRB 17 - 2005-02-10
FPSLREB Decisions - Labour RelationsSexual harassment
Reasons for decision The facts concerning this matter took place in the summer of 2003. [...] [36] Even without formal notice, all reasonable persons must refrain from harassing another employee in the workplace. [...] [39] Despite this preamble, I believe that all reasonable persons must refrain from making intimidating or harassing gestures to other employees even if the employer has not developed a harassment policy.
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2,705.
Tousignant and Paradis v. Treasury Board (Correctional Service of Canada) - 2005 PSSRB 13 - 2005-02-07
FPSLREB Decisions - Labour RelationsActing pay
Burden of proof
Job description
Jurisdiction
The reasoning of the Federal Court judge in Chadwick v. Canada (Attorney General), [2004] F.C.J. No. 605 (QL) can be applied a contrario to these cases. [...] [51] In the alternative, the decision in Coallier, [1983] F.C.J. No. 813, should be applied, since there is no reason to make the decision retroactive more than 25 days before February 15, 2002. [...] [80] For the reasons explained herein, the grievances are accordingly dismissed.
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2,706.
Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN v. Treasury Board - 2005 PSSRB 14 - 2005-02-07
FPSLREB Decisions - Labour RelationsDesignated position
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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2,707.
Dalling v. Treasury Board (Department of Human Resources and Skills Development) - 2005 PSSRB 11 - 2005-02-04
FPSLREB Decisions - Labour RelationsNovember 18, 2002 to December 13, 2002 [Leave with Pay for Other Reasons - (Leave With Pay - International sporting events)]. [...] The grievor was advised that she could take her Vacation Leave in July as requested, however, the Leave With Pay - [(Leave With Pay (International sporting events)] requested for the competition would then have to be Leave Without Pay for Other Reasons. [...] Management agreed to match any Vacation Leave used to attend the sporting event with Leave With Pay for Other Reasons - [Leave with Pay (International sporting events)].
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2,708.
Doyle MacDonald, Girouard, Elliott & Rossit v. Treasury Board (Department of Human Resources and Skills Development) - 2005 PSSRB 12 - 2005-02-04
FPSLREB Decisions - Labour Relations(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have
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2,709.
Peacock v. Union of Canadian Correctional Officers - 2005 PSSRB 9 - 2005-01-31
FPSLREB Decisions - Labour RelationsComplaint
Extension of time
Unfair labour practice
Reasons Breach of the Duty of Fair Representation [41] The duty of fair representation is set out in subsection 10(2) of the PSSRA: [...] - clear, cogent and compelling reasons for the delay; - the length of the delay; [...] In my view, there is a reasonable explanation for any delay and due diligence of the complainant in pursuing this matter.
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2,710.
Temmerman v. Treasury Board (Department of Human Resources Development) - 2005 PSSRB 8 - 2005-01-28
FPSLREB Decisions - Labour RelationsActing pay
Job description
Reasons for Decision Work Description Grievance (PSSRB File No.: 166-2-32742) [...] [89] No reasons were submitted in the evidence to explain why the effective date was April 1, 1998. [...] [110] For the reasons stated above, both grievances filed by Mr. Temmerman are denied.
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2,711.
Albert v. Canada Customs and Revenue Agency - 2005 PSSRB 7 - 2005-01-24
FPSLREB Decisions - Labour RelationsSexual harassment
[8] At issue here is whether the five-day suspension was reasonable given the facts. [...] • that might reasonably be expected to cause offence or humiliation to any employee; or [...] [25] For all of these reasons, the grievance is denied. Joseph W. Potter,
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2,712.
Yarmolinsky v. Canada Customs and Revenue Agency - 2005 PSSRB 6 - 2005-01-17
FPSLREB Decisions - Labour RelationsJurisdiction
Sexual harassment
Termination (disciplinary)
During the interviews, they were again advised of the reason for the interviews, as well as the purpose of the investigation. [...] [137] In my opinion, the sexual assault alone was reason enough for the employer to terminate the grievor's employment. [...] [154] For all the reasons outlined above, I see no reason to reinstate the grievor in the Canadian public service.
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2,713.
Public Service Alliance of Canada v. Canadian Institutes of Health Research - 2005 PSSRB 4 - 2005-01-14
FPSLREB Decisions - Labour RelationsTerms of reference
(d) The need to establish 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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2,714.
King v. Canada Customs and Revenue Agency - 2005 PSSRB 3 - 2005-01-13
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
Remedy
Is it reasonable to state that union representatives can be held to the same standard as employees? [...] An employer may take disciplinary action against an employee for a good reason, a debatable reason or for no reason at all, as long as there is no violation of the provisions of the Code (see Claude H. Foisy et al., Canada Labour Relations Board Policies and Procedures (Toronto: Butterworths, 1986), at page 247). [...] Therefore, it stands to reason that any committee member can advance an issue related to health and safety.
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2,715.
Sanschagrin v. Treasury Board (Correctional Service of Canada) - 2005 PSSRB 2 - 2005-01-07
FPSLREB Decisions - Labour RelationsAnnual leave
One sick leave and three leaves for family-related reasons were later added. [...] 29.07 The Employer shall, subject to the operational requirements of the service, make reasonable effort to: [...] Absence for sick leave or leave for family-related reasons is different from vacation leave.
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2,716.
Rostrust Investments Inc. v. Canadian Union of Public Employees, Local 4266-05, Public Service Alliance of Canada and Treasury Board (Public Works and Government Services Canada) - 2005 PSSRB 1 - 2005-01-06
FPSLREB Decisions - Labour RelationsJurisdiction
Successor rights
Furthermore, the applicant does not even attempt to explain the reason for such an extensive delay. [...] What reason could now exist to file such an application other than to further Rostrust's own interest in another legal venue? [...] For the reasons set out below, I have concluded that there has not been a "transfer of jurisdiction".
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2,717.
Melnichouk v. Canadian Food Inspection Agency - 2004 PSSRB 181 - 2004-12-23
FPSLREB Decisions - Labour RelationsComplaint
Grievance procedure
Jurisdiction
The complainant fails to cooperate in the staffing recourse process, unless due to circumstances beyond his/her control or reasons approved by management (e.g. approved sick leave), by: [...] REASONS FOR DECISION [35] This complaint is about the employer's refusal to accept a grievance that Dr. Melnichouk wants to file against his manager's decision to disallow his staffing complaint; in effect, the grievance is against the application of the employer's staffing complaint policy.
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2,718.
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and Treasury Board and Canadian Air Traffic Control Association - 2004 PSSRB 182 - 2004-12-23
FPSLREB Decisions - Labour RelationsSuccessor rights
Union merger
49.(1) Where, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations otherwise than as a result of a revocation of certification, an employee organization succeeds another employee organization that, at the time of the merger, amalgamation or transfer of [...] [24] For these reasons, the application is allowed and CAW-Canada is certified as the bargaining agent for the Air Traffic Control Group.
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2,719.
Professional Institute of the Public Service of Canada v. Treasury Board - 2004 PSSRB 185 - 2004-12-23
FPSLREB Decisions - Labour RelationsTerms of reference
(d) The need to establish 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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2,720.
Union of Canadian Correctional Officers - CSN v. Treasury Board - 2004 PSSRB 179 - 2004-12-22
FPSLREB Decisions - Labour RelationsDesignated position
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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2,721.
Wallis v. Treasury Board (Correctional Service of Canada) - 2004 PSSRB 180 - 2004-12-22
FPSLREB Decisions - Labour RelationsHoliday
Work schedule
It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure or cost by reason only of such variation. [...] In the interest of consistency, it should be followed, as there is no reason in the case of Mr. Wallis to change the interpretation of that same disposition. [...] [39] I see no reason to interpret article 34 of this Collective Agreement differently from the way in which it was interpreted in the White (supra) case.
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2,722.
Harrison v. Canada Customs and Revenue Agency - 2004 PSSRB 178 - 2004-12-20
FPSLREB Decisions - Labour RelationsParental allowance
Wage rate
Had the grievor been at work, he would have "normally been entitled" to an incremental increase to his salary by reason of promotion effective October 15, 2001. [...] Although the reason for the change in the rate of pay is somewhat different in this case, the essence of the case is similar. [...] REASONS FOR DECISION [4] The issue in this grievance is whether an adjustment to a parental leave allowance should be made if an employee is promoted during the period of leave without pay.
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2,723.
Dion v. Treasury Board (Fisheries and Oceans Canada) - 2004 PSSRB 173 - 2004-12-15
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
[9] In this same submission, Mr. Dion asked the PSSRB to intervene for the following reasons: [...] REASONS FOR DECISION [13] Mr. Dion's complaint was presented under section 133 of the Code, alleging that the Department of Fisheries and Oceans had violated subsection 147(c) on December 20, 2002, by taking action that had caused him to lose his employment benefits and the opportunity to obtain an indeterminate position.
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2,724.
Kreway v. Canada Customs and Revenue Agency - 2004 PSSRB 172 - 2004-12-10
FPSLREB Decisions - Labour RelationsLayoff
Remedy
Workforce adjustment
The offer of a PM-02 position would, in Ms. Blackey's view, constitute a reasonable job offer. [...] Appendix "E" does not require that a reasonable job offer be a promotional opportunity. [...] Mr. Kreway is entitled to a reasonable job offer, as that term would have meant on November 1, 2001.
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2,725.
Enns v. Treasury Board (Correctional Service of Canada) - 2004 PSSRB 171 - 2004-12-09
FPSLREB Decisions - Labour RelationsEmployee status
Grievance procedure
Pay increment date
Time limit
Wage rate
My reasons for deciding this grievance on the basis of timeliness are set out below. [...] I cannot accept that the reasons advanced by the grievor constitute a reasonable excuse for failing to file the grievances on a timely basis. [...] I note that no principled reason or special considerations have been put forward for departing from Coallier (supra).