3,377 result(s)
-
2,876.
Federal Government Dockyard Chargehands Association v. Treasury Board - 2003 PSSRB 110 - 2003-12-05
FPSLREB Decisions - Labour RelationsDesignated position
Extension of time
Terms 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
-
2,877.
Brunelle v. Treasury Board (Transport Canada) - 2003 PSSRB 108 - 2003-12-01
FPSLREB Decisions - Labour RelationsAbsence certification
Disguised disciplinary action
Strike
However, the agreement is silent on who shall pay for this, and it is only reasonable to expect the employer to pay. [...] [43] The bargaining agent states that the employer has a duty to act reasonably, and it is only reasonable to expect the employer to pay for the cost of the medical certificate since it was the employer who required its production. [...] [44] For all of these reasons, these grievances are denied. Joseph W. Potter,
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2,878.
Doucette v. Treasury Board (Department of National Defence) - 2003 PSSRB 106 - 2003-11-28
FPSLREB Decisions - Labour RelationsRemedy
Reasons for Decision [6] The remedy set out in paragraph 109 of the decision reads as follows:
-
2,879.
Karimjee v. Canada Customs and Revenue Agency - 2003 PSSRB 105 - 2003-11-28
FPSLREB Decisions - Labour RelationsCompensation
Jurisdiction
Pay equity
Reasons for Decision [38] The grievor has the onus of proving that he was aggrieved by the interpretation or application in respect of him regarding a matter affecting the terms and conditions of his employment. [...] [50] For all these reasons, I have no jurisdiction to hear this case and the grievance is consequently dismissed.
-
2,880.
Professional Institute of the Public Service of Canada v. Library of Parliament and Public Service Alliance of Canada - 2003 PSSRB 107 - 2003-11-28
FPSLREB Decisions - Labour RelationsCertification
Excluded position
and for the purposes of this definition a person does not cease to be employed by an employer by reason only of the person's discharge contrary to this Part or any other Act of Parliament; [...] When the positions were classified, this information was available for all positions, and points were awarded for this reason in the classification. [...] [48] For all these reasons, I must therefore conclude that the 20 positions specified in paragraph 7 of this decision are excluded from the proposed bargaining unit.
-
2,881.
Mackie v. Treasury Board (National Defence) - 2003 PSSRB 103 - 2003-11-24
FPSLREB Decisions - Labour RelationsHoliday
Premium pay
Work schedule
Indeed, to do otherwise by blindly adopting the reasons for decision given in a previous dispute could arguably be viewed as an improper declining of jurisdiction. [...] . the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation . [...] [36] For this reason, I see no need to deviate from the decision in both King (supra) and Breau (supra).
-
2,882.
Canadian Association of Professional Employees and the Social Science Employees Association v. Library of Parliament - 2003 PSSRB 102 - 2003-11-17
FPSLREB Decisions - Labour RelationsSuccessor rights
Union merger
[14] For these reasons, the application is allowed and CAPE is certified as the bargaining agent for the bargaining unit.
-
2,883.
Maan v. Treasury Board (Transport Canada) - 2003 PSSRB 100 - 2003-11-06
FPSLREB Decisions - Labour RelationsAbuse of authority
Insubordination
Reinstatement
Termination (disciplinary)
Also you are not to have contact with Sandy Henderson for any reason." [...] Reasons for Decision [240] For the reasons stated below, I order that Mr. Maan be reinstated immediately as a TI-07 Marine Inspector in Thunder Bay or at any other location that the parties may agree upon. [...] I understand the reason for Mr. Maan's local union representative to stand pat.
-
2,884.
Hodge & Cunningham v. Treasury Board (Fisheries and Oceans Canada) - 2003 PSSRB 99 - 2003-11-03
FPSLREB Decisions - Labour RelationsRest period
The requirement that nurses remain available to meet unanticipated demands for their professional services was reasonable and prudent. [...] Reasons for Decision [40] The wording of clause 21.14 must be interpreted within the context of the collective agreement as a whole. [...] It is for that reason that most people are granted coffee breaks and meal breaks as a normal work day occurrence.
-
2,885.
Nowen v. UCCO-SACC-CSN - 2003 PSSRB 98 - 2003-10-28
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Mr. Mancini stated that there were policy reasons for not making such a finding. [...] I also indicated that policy reasons for not coming to such conclusions of facts should be left for final argument. [...] It also knows that the union is likely to accept a reasonable settlement if one is offered.
-
2,886.
Ross v. Treasury Board (Correctional Services Canada) - 2003 PSSRB 97 - 2003-10-24
FPSLREB Decisions - Labour RelationsCorrectional officer
Jurisdiction
Rejection on probation
Termination (disciplinary)
The reason for my decision is that you have committed serious infractions under the Code of Discipline. [...] Therefore, the employer cannot rely on subsection 28(2) to reject employees without giving a bona fide reason." [...] [15] In any case involving a rejection on probation, the employer must establish that the termination of employment was during a period of probation and that the reason or reasons for termination were related to employment issues and not for any other purpose.
-
2,887.
Helm v. Treasury Board (Health Canada) - 2003 PSSRB 96 - 2003-10-23
FPSLREB Decisions - Labour RelationsCall-back pay
Overtime pay
[33] For these reasons, the grievance is denied. Joseph W. Potter,
-
2,888.
Boivin v. Canada Customs and Revenue Agency - 2003 PSSRB 94 - 2003-10-20
FPSLREB Decisions - Labour RelationsComplaint
Jurisdiction
Occupational health and safety
Refusal to work
The concept of a "reasonable basis" has been given a very broad interpretation. [...] [161] For all of the above reasons, the complaint is dismissed. Joseph W. Potter, [...] (2) [Written reasons] The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so.
-
2,889.
Czmola v. Treasury Board (Solicitor General - Correctional Service Canada) - 2003 PSSRB 93 - 2003-10-16
FPSLREB Decisions - Labour RelationsDecision review
Evidence
Occupational health and safety
Refusal to work
[5] Early in 2003, Mr. Czmola contacted the Board and requested that it review its decision, enclosing documentation which he stated would "verify the reasons why this case should be redone and/or charges laid for misleading the Board and hindering a proper investigation." [...] Reasons for Decision [11] As was acknowledged in Public Service Alliance of Canada v. Treasury Board (Board file no. 125-2-83), applications of this type under section 27 of the Act have been the subject of relatively few decisions. [...] Rather, the purpose was to enable the Board to reconsider a decision either in light of changed circumstances or so as to permit a party to present new evidence or arguments that could not reasonably have been presented at the original hearing or where some other compelling reason for review exists: see C.A.T.T. and
-
2,890.
Gaudette v. Canada Customs and Revenue Agency - 2003 PSSRB 92 - 2003-10-16
FPSLREB Decisions - Labour RelationsGrievance procedure
The parties have a common understanding that reasonable leave will be granted to discuss the filing of a prospective grievance or the presentation of a filed grievance, provided that operational requirements permit, as per the relevant collective agreement.
-
2,891.
Canadian Union of Professional and Technical Employees and the Social Science Employees Association v. Treasury Board - 2003 PSSRB 91 - 2003-10-09
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 [...] [17] For these reasons, the application is allowed and CAPE is certified as the bargaining agent for the Economics and Social Sciences Services Group and the Translation Group.
-
2,892.
Camilleri v. Canada Customs and Revenue Agency - 2003 PSSRB 90 - 2003-10-07
FPSLREB Decisions - Labour RelationsCompensation
Continuing grievance
Remedy
Time limit
Wage rate
They are no more than sources of wisdom and, one hopes, reason and hence, at best, merely persuasive. [...] The fact that the damage suffered by reason of that breach of promise continues to occur does not mean that a new breach occurs with each new loss. [...] Reasons for decision [31] The Coallier decision, which deals with a pay-related issue, clearly sets out the principles which must govern my appreciation of the facts in this case.
-
2,893.
Guest v. Canada Customs and Revenue Agency - 2003 PSSRB 89 - 2003-10-07
FPSLREB Decisions - Labour RelationsCompensation
Strike
The obligation is on the employees to make reasonable efforts to cross the picket line. [...] .. these obligations entail, in the employer's case, making every reasonable effort to guarantee the employees access to the work place, and in the employees' case, making every reasonable effort to report for work. [...] For this reason, Ms. Barill's affidavit, sworn the day after the events in question, is of particular value.
-
2,894.
Wall v. Canada Customs and Revenue Agency - 2003 PSSRB 86 - 2003-10-06
FPSLREB Decisions - Labour RelationsWeather
[5] The grievor requested nine (9) hours of paid leave for other reasons pursuant to clause 53.01 of the relevant collective agreement which reads: [...] [7] The grievor's representative claims that Ms. Wall made every reasonable effort to get to work and should not be expected to put her own safety at risk. [...] [11] I must conclude that Ms. Wall did not make every reasonable effort to get to work on March 9, 1999.
-
2,895.
Wall v. Canada Customs and Revenue Agency - 2003 PSSRB 88 - 2003-10-06
FPSLREB Decisions - Labour RelationsWeather
[5] The grievor requested paid leave for other reasons pursuant to clause 53.01 of the relevant collective agreement which reads:
-
2,896.
Wall v. Canada Customs and Revenue Agency - 2003 PSSRB 87 - 2003-10-06
FPSLREB Decisions - Labour RelationsWeather
The grievor requested leave with pay for other reasons in the amount of 4.5 hours pursuant to clause 53.01 of the relevant collective agreement which reads:
-
2,897.
Després v. Public Service Alliance of Canada - 2003 PSSRB 85 - 2003-10-02
FPSLREB Decisions - Labour RelationsCompensation
Complaint
Duty of fair representation
Jurisdiction
Pay equity
Reasons for decision [13] The statutory provisions relevant to this complaint are sections 23(1)(a) and 10(2) of the PSSRA: [...] [21] Accordingly, and for all these reasons, the complaint must be dismissed.
-
2,898.
Professional Institute of the Public Service of Canada v. House of Commons - 2003 PSSRB 84 - 2003-09-29
FPSLREB Decisions - Labour RelationsTerms of reference
(c) 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
-
2,899.
Létourneau v. Canada Customs and Revenue Agency - 2003 PSSRB 81 - 2003-09-24
FPSLREB Decisions - Labour RelationsPremium pay
Shift differential
Reasons for decision [19] In files 166-34-31433 (Richard Létourneau), 166-34-31435 (Carl Létourneau) and 166-34-31436 (Jacques Benoît), the grievors are claiming a shift premium for the overtime hours they worked following their shifts. [...] [33] For these reasons, the grievors are entitled to receive the shift premium of one dollar and sixty cents ($1.60) per hour in addition to the overtime pay they have already received for the hours they worked.
-
2,900.
National Energy Board v. Public Service Alliance of Canada and Professional Institute of the Public Service of Canada - 2003 PSSRB 79 - 2003-09-17
FPSLREB Decisions - Labour RelationsBargaining unit
Decision review
Representation vote
1. There must be sound labour relations reasons for the reconsideration; mere ease of administration is insufficient; [...] It follows that compelling reasons are required to justify the extraordinary intervention requested by the NEB. The PSAC submits that: [...] Other cases provide guidance as to what might constitute "compelling reasons" for change: