3,377 result(s)
-
2,801.
Public Service Alliance of Canada v. Treasury Board - 2004 PSSRB 90 - 2004-07-21
FPSLREB Decisions - Labour RelationsConciliation board
Terms of reference
(4) The chairperson of a conciliation board and one other member constitute a quorum, but in the absence of a member at any sitting of the board the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.
-
2,802.
Gale v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 88 - 2004-07-16
FPSLREB Decisions - Labour RelationsCredibility
Decision review
Sexual harassment
Termination (disciplinary)
At paragraph 18 of its Reasons for Judgment (supra), the Court stated, in part: [...] In fact the reason why Ms. ["X"] was called in was to take L. Mardell's shift. [...] Accordingly, I see no reason whatsoever to reverse my decision, and Mr. Gale's termination stands.
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2,803.
Lowther v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 89 - 2004-07-16
FPSLREB Decisions - Labour RelationsDuty to accommodate
Jurisdiction
People with disabilities
Termination (non-disciplinary)
A thorough review of your leave without pay for medical reasons file was conducted. [...] Section 37 of the collective agreement expressly prohibits discrimination.restriction etc. by reason of physical disability. [...] [20] For the reasons set out above, the employer's application under section 84 of the Regulations is allowed.
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2,804.
Manitoba Food and Commercial Workers, Local 832 v. Staff of the Non-Public Funds, Canadian Forces - 2004 PSSRB 87 - 2004-07-14
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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2,805.
Social Science Employees Association and Canadian Union of Professional and Technical Employees v. Claydon - 2004 PSSRB 86 - 2004-07-09
FPSLREB Decisions - Labour RelationsComplaint
In its Reasons for Judgment, the Court concluded at page 30 as follows: [...] [4] It should be noted that while the Reasons for Judgment only dismisses the complaints against the Treasury Board, the Judgment issued by the Federal Court of Appeal (Court File No. A-691-02) states: [...] [5] It is apparent from the Reasons for Judgment that the ratio applied by the Court to dismiss the complaints against the Treasury Board applies equally to the named individuals, Frank Claydon and Tom Smith.
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2,806.
Roireau and Gamache v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 85 - 2004-07-08
FPSLREB Decisions - Labour RelationsJurisdiction
Overtime assignment
"Subject to the operational requirements of the service, the Employer shall make every reasonable effort: [...] We submit that this method should not be used in our case for the following reasons. [...] For all these reasons, the employer respectfully requests that the grievances be dismissed.
-
2,807.
Public Service Alliance of Canada v. Canadian Food Inspection Agency - 2004 PSSRB 84 - 2004-07-07
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
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.
-
2,808.
Parks Canada Agency v. Public Service Alliance of Canada - 2004 PSSRB 83 - 2004-07-06
FPSLREB Decisions - Labour RelationsExcluded position
I see no reason not to give effect to the agreement which was reached freely by the parties, each having considerable experience in the area of federal labour relations.
-
2,809.
Clavel v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 82 - 2004-07-05
FPSLREB Decisions - Labour RelationsCorrectional officer
Financial penalty
Negligence
Reprimand
Reasons for decision [30] I thank the representatives and witnesses for their collaboration and their brief and clear submissions. [...] The employer must prove fault or negligence on the employee's part, but must also establish that the measure imposed is fair and reasonable in light of the seriousness of the error and the employee's record. [...] [43] For all of these reasons, and taking into account the grievor's record, his responsibilities and his negligence in the performance of his duties on May 22, 2001, I allow the grievance in part.
-
2,810.
Longpré v. Treasury Board (National Defence) - 2004 PSSRB 81 - 2004-07-05
FPSLREB Decisions - Labour RelationsEmployee status
Grievance procedure
Jurisdiction
Term employee
For this reason, and pursuant to subsection 96(3) of the PSSRA, the employer's response at the final level of the grievance process is "final and binding". [...] Reasons for decision [17] The question before the Board is whether it should dismiss the grievance filed by the grievor, for lack of jurisdiction. [...] [25] For these reasons, I do not feel it is appropriate to apply the procedure set out in section 84 of the Regulations.
-
2,811.
Arnould v. Treasury Board (Fisheries and Oceans Canada) - 2004 PSSRB 80 - 2004-06-30
FPSLREB Decisions - Labour RelationsJurisdiction
Rejection on probation
For all these reasons, the adjudicator should deny the grievance for lack of jurisdiction. [...] ... ...The employer cannot rely on subsection 28(2) to reject employees without giving a bona fide reason.... [...] [56] For all these reasons, the grievance against the rejection on probation is dismissed for lack of jurisdiction.
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2,812.
Currie et al. v. Canada Customs and Revenue Agency - 2004 PSSRB 75 - 2004-06-29
FPSLREB Decisions - Labour RelationsJob description
For fuller reasons to be given, I am satisfied upon review of the evidence before me and the very complete and well-articulated testimony of the grievors, O'Neill and Currie, that PM-0286 effective 18-05-00 (Exhibit 3B) comprises a complete and current statement of the duties and responsibilities of their positions as [...] There is no reason to revise the work description of the substantive position which they occupy at the PM-03 level solely on the basis that they sometimes perform work associated with the investigator/auditor PM-04 classification level. [...] [26] For all of the foregoing reasons, these grievances are dismissed.
-
2,813.
Danyluk v. United Food And Commercial Workers Union, Local No. 832 - 2004 PSSRB 76 - 2004-06-29
FPSLREB Decisions - Labour RelationsCertification revocation
Time limit
Reasons for Decision [8] Both of the parties limited their submissions to the effect of subsection 42(2) on the timeliness of the application. [...] In its reasons for decision, the PSSRB framed the issue as follows: The principal question the Board must consider is whether.. the condition precedent found in subsection 41(1) of the Act was satisfied, that is, whether "a collective agreement.[was] in force in respect of [the] bargaining unit". [...] For these reasons, I hereby dismiss the application without an oral hearing pursuant to section 8 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993.
-
2,814.
Public Service Alliance of Canada v. Canada Customs and Revenue Agency - 2004 PSSRB 79 - 2004-06-29
FPSLREB Decisions - Labour RelationsBargaining agent
Bargaining unit
Certification
Terms of reference
(4) The chairperson of a conciliation board and one other member constitute a quorum, but in the absence of a member at any sitting of the board the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.
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2,815.
Public Service Alliance of Canada v. Canada Customs and Revenue Agency - 2004 PSSRB 78 - 2004-06-29
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.
-
2,816.
Burton v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 74 - 2004-06-24
FPSLREB Decisions - Labour RelationsAggressive behaviour
Breach of trust
Correctional officer
Demotion
Reinstatement
Termination (disciplinary)
[136] The grievor stated that the reason for not handcuffing Inmate X was two-fold. [...] It would stand to reason, he stated, that Inmate X would not be compliant. [...] It does not state that the Treasury Board can "demote" for disciplinary reasons.
-
2,817.
Public Service Alliance of Canada v. Treasury Board - 2004 PSSRB 73 - 2004-06-23
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
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.
-
2,818.
Public Service Alliance of Canada v. Parks Canada Agency - 2004 PSSRB 72 - 2004-06-22
FPSLREB Decisions - Labour RelationsConciliation board
Terms of reference
(4) The chairperson of a conciliation board and one other member constitute a quorum, but in the absence of a member at any sitting of the board the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.
-
2,819.
Union of Canadian Correctional Officers - (UCCO-SACC-CSN) v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 71 - 2004-06-21
FPSLREB Decisions - Labour RelationsComplaint
Discrimination
Unfair labour practice
Union activity
Reasons [49] Through its complaint filed under section 23 of the Public Service Staff Relations Act (PSSRA), the union claims that the employer contravenes the prohibitions set out in section 8 of the PSSRA: [...] (3) No person shall be deemed to have contravened subsection (2) by reason of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position. [...] For this reason, you must ensure that your emergency plans are up to date and can be quickly implemented to limit any potential interruption in your daily operations if such service withdrawals should occur.
-
2,820.
Public Service Alliance of Canada v. Treasury Board - 2004 PSSRB 70 - 2004-06-18
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
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.
-
2,821.
Public Service Alliance of Canada v. Treasury Board - 2004 PSSRB 69 - 2004-06-18
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
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.
-
2,822.
Communications Security Establishment v. Public Service Alliance of Canada - 2004-06-16
FPSLREB Decisions - Labour RelationsArbitral award
one (1) day of leave with pay for reasons of a personal nature. 2. [...] Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request. [...] The Employer will make a reasonable effort to appoint the employee to a position at the same salary band as the employee's pre-conversion salary.
-
2,823.
Professional Institute of the Public Service of Canada v. Canadian Food Inspection Agency - 2004 PSSRB 68 - 2004-06-16
FPSLREB Decisions - Labour RelationsDesignated position
Time limit
Reasons for decision [21] Although it was not initially clear, the submissions filed by the bargaining agent on March 16, 2004, make it clear that the bargaining agent now considers that the designations as set out in decision 181-32-436 continue in force and effect.
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2,824.
Public Service Alliance of Canada v. Communications Security Establishment, Department of National Defence - 2004-06-16
FPSLREB Decisions - Labour RelationsArbitral award
one (1) day of leave with pay for reasons of a personal nature. 2. [...] Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request. [...] The Employer will make a reasonable effort to appoint the employee to a position at the same salary band as the employee's pre-conversion salary.
-
2,825.
Sincère v. National Research Council Canada - 2004 PSSRB 67 - 2004-06-16
FPSLREB Decisions - Labour RelationsDecision review
Jurisdiction
(3) Where the Board dismisses an application under subsection (1), the Board shall provide a copy of the decision and reasons therefor to the parties. [...] Reasons [6] The parties had an opportunity to submit their written arguments. [...] [10] For these reasons, the Board cannot allow Ms Sincère's application and dismisses it on the ground of lack of jurisdiction.