3,377 result(s)
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3,126.
Public Service Alliance of Canada and Treasury Board - 1999-04-12
FPSLREB Decisions - Labour RelationsDesignated position
Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that have been so distributed.
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3,127.
Babineau and Treasury Board (Solicitor General Canada Correctional Service) - 1999-04-09
FPSLREB Decisions - Labour RelationsCorrectional officer
Misconduct
Remedy
Termination (disciplinary)
Mr. Mills believed that the resignation was a reasonable option for Mr. Hicks. [...] The employer had to demonstrate that its allegations were true and that the sanction imposed was reasonable. [...] For whatever reason, there has been no disciplinary action taken against Mr. Hicks.
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3,128.
Leonarduzzi and Canadian Air Traffic Control Association - 1999-04-01
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Rejection on probation
Unfair labour practice
He should have as he did not know the reason why Mr. Kerr took a “cease training” position with respect to Mr. Leonarduzzi. [...] There was no evidence to show that the bargaining agent could reasonably say there was a link between the relocation grievance and the cease training. [...] Reasons for Decision This complaint is being made pursuant to paragraph 23(1)(a) of the PSSRA, which reads:
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3,129.
Vaughan and Treasury Board (Public Works and Government Services Canada) - 1999-03-18
FPSLREB Decisions - Labour RelationsComplaint
Jurisdiction
Public Sector Compensation Act
Severance pay
Workforce adjustment
3. The Grievor’s failure to report for duty on February 17, 1997 was a refusal of a reasonable job offer. [...] “... there is a sound policy reason for recognizing the finality of proceedings before administrative tribunals. [...] For this reason I am of the opinion that its application must be more flexible and less formalistic in respect to the decisions of administrative tribunals which are subject to appeal only on a point of law.
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3,130.
Public Service Alliance of Canada and Treasury Board (Solicitor General Canada - Correctional Service and Human Resources Development Canada) - 1999-03-17
FPSLREB Decisions - Labour RelationsEmployee status
Jurisdiction
Policy grievance
It is submitted that this provides an additional reason why the board is without jurisdiction to hear this matter. [...] Reasons for decision The provisions of section 99 of the PSSRA, exist to allow an employer or a bargaining agent to refer to the Board matters which arise out of a collective agreement or arbitral award and which cannot be the subject matter of a grievance by an employee. [...] For these reasons, the Board finds that it has no jurisdiction to deal with this reference under section 99.
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3,131.
Samba and Professional Institute of the Public Service of Canada - 1999-03-15
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Grievance procedure
Mootness
New issue
Rejection on probation
Mr. Charette made representations with respect to the merits of the grievance, that is, the reason why the release was unfair and unjustified. [...] His only right is to express his objections, during the grievance process, to the reasons for his release, although there is no guarantee that the employer will change its mind. [...] Decision Page 10 REASONS FOR DECISION Is it possible to conclude from the complainant's conduct that his complaint was frivolous or vexatious?
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3,132.
Hutchinson and Treasury Board (Environment Canada) - 1999-03-10
FPSLREB Decisions - Labour RelationsDuty to accommodate
Incapacity
Occupational health and safety
Refusal to work
Termination (non-disciplinary)
Reasons for Decision At the outset of the hearing, both counsel stated this was a sad case. [...] For a variety of reasons, all other options for a work location were not acceptable. [...] Given all the circumstances of this case, I find that the employer’s actions were reasonable.
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3,133.
Lockwood and Treasury Board (Human Resources Development Canada) - 1999-03-04
FPSLREB Decisions - Labour RelationsAggressive behaviour towards superior
Remedy
Reprimand
Decision Page 10 support of its submission that the two day suspension imposed on Lockwood was justified and reasonable. [...] What follows are four cases that the Employer submits show that two day suspension imposed is justified and reasonable. [...] For all these reasons, I feel, in this particular case, a written reprimand is more appropriate.
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3,134.
McLeod and Treasury Board (Canadian Heritage) - 1999-03-04
FPSLREB Decisions - Labour RelationsBreach of trust
Evidence
Reinstatement
Termination (disciplinary)
Theft
The issue of whether the grievor worked alone, or in a group, was important for reasons which I will detail later. [...] In summary, Mr. Fader pointed to seven reasons why the discipline should be upheld. [...] Is it reasonable to think this type of activity could occur with three or four other crew members working with the grievor?
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3,135.
Anctil and Treasury Board (National Defence) - 1999-03-02
FPSLREB Decisions - Labour RelationsCredibility
Termination (disciplinary)
Theft
If, however, for any reason, you should need to access any location on the base, you must contact you supervisor, Warrant Officer Tremblay, in advance so that he can arrange an escort for you from the main sentry box.. [...] (b) termination of employment is a fair and reasonable penalty under the circumstances: [...] Reasons for decision In this case, the burden of proof was on the employer and I believe that it was satisfied.
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3,136.
Lagacé and Treasury Board (Solicitor General Canada - Correctional Service Canada) - 1999-02-22
FPSLREB Decisions - Labour RelationsOvertime assignment
[Translation] I am filing this grievance because the employer is not making every reasonable effort to allocate overtime work on an equitable basis among the employees. [...] On May 7, 1996, Ferno Truchon, Unit Manager at Archambault Institution, denied the grievance at the first level of the grievance procedure for the following reasons: [...] [...] Mr. Morissette concluded by stating that the employer had made reasonable efforts to allocate overtime equitably but, at the end of a reasonable period, which must be determined by the Board, this allocation must be equitable for all employees, which is not the case in this instance.
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3,137.
Taylor and Treasury Board (Fisheries and Oceans Canada) - 1999-02-22
FPSLREB Decisions - Labour RelationsAggressive behaviour towards co-worker
Intoxication
Reinstatement
Termination (disciplinary)
It is not reasonable and just to discipline Mr. Taylor in this situation. [...] It is reasonable to substitute a suspension in place of the discharge. [...] No one can reasonably suggest that the employer condoned the acceptance of the whisky.
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3,138.
Matthews and Canadian Security Intelligence Service - 1999-02-18
FPSLREB Decisions - Labour RelationsLayoff
Remedy
Termination (disciplinary)
There can be no catalogue laid down as to what is reasonable notice in particular classes of cases. [...] The employees remedy for loss of employment is limited to reasonable notice or pay in lieu thereof. [...] As to what a reasonable period may be will depend on the circumstances of each case.
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3,139.
Cannon and Treasury Board (Human Resources Development Canada) - 1999-02-15
FPSLREB Decisions - Labour RelationsAbandonment of position
Failure to appear
Procedure
Termination (non-disciplinary)
(non-disciplinary) - Abandonment of position - Grievance procedure - Abandonment of grievance - the grievor grieved the termination of her employment for reason of abandonment of position - the Board wrote to the grievor on two occasions, at her address on record, to inform her of the hearing scheduled in this case - [...] Decision DE CISION Page 1 The grievor, Ms. Patricia Delia Cannon, submitted her reference to adjudication to the Board on June 18, 1998 grieving management's decision to terminate her employment for reasons of abandonment of position.
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3,140.
Whyte and Treasury Board (Human Resources Development Canada) - 1999-02-12
FPSLREB Decisions - Labour RelationsActing pay
Classification
Jurisdiction
Decision Page 5 course because she was doing a good job as a CS, and that Ms. Lee selected her for a 'Team for Development' in November 1997 for the same reason. [...] Ken Reshnyk said Ms. Whyte did not seem to be herself in February 1997 but his observation was for the wrong reasons; she was simply very fearful of flying. [...] It was incumbent upon Mr. Kopyto to demonstrate to me, on the balance of probabilities that this termination was indeed done for disciplinary reasons.
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3,141.
McElrea and Treasury Board (Industry Canada) - 1999-02-11
FPSLREB Decisions - Labour RelationsNew issue
Procedure
Recusal
. . . the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. [...] Suffice it that reasonable people might think he did. The reason is plain enough. [...] ” that my conduct could have given rise to a reasonable apprehension of bias.
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3,142.
Public Service Alliance of Canada and Communications Security Establishment, Department of National Defence - 1999-02-11
FPSLREB Decisions - Labour RelationsDesignated position
Furthermore, the employer is to make every reasonable effort to obtain the Form 13 that has not been returned to the Board.
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3,143.
Gunn and Treasury Board (Revenue Canada - Customs, Excise and Taxation) - 1999-02-10
FPSLREB Decisions - Labour RelationsCollective agreement
Compensation
Leave without pay
and, for the purposes of this definition, a person does not cease to be employed in the Public Service by reason only that the person ceases to work as a result of a strike or by reason only of the termination of employment of that person contrary to this Act or any other Act of Parliament. [...] Mr. Gunn was on leave without pay on December 2, 1997 for a reason other than that cited in the memorandum and was not in receipt of any allowance. [...] Decision Page 8 In this regard, I find Mr. Nadeau’s reasoning persuasive.
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3,144.
Bouthillette, Chartrand, Clairoux, Duval, Guay, Lampron, Morneau and Treasury Board (Revenue Canada - Customs, Excise and Taxation) - 1999-02-08
FPSLREB Decisions - Labour RelationsConflict of interest
The managers did not provide reasons for any of the responses they provided to the requests made by the grievors. [...] The employer does not accept the reasoning developed in Fraser and Skinner (supra), to the effect that it is necessary to give reasons when denying requests. [...] That test is whether the decision respects reasonableness simpliciter or patent unreasonableness.
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3,145.
Bellavance and Treasury Board (Human Resources Development Canada) - 1999-02-05
FPSLREB Decisions - Labour RelationsConflict of interest
Remedy
Termination (disciplinary)
I intend to show that the reasons given for this dismissal are false. [...] The reason for this is that new facts could have arisen during this three-month period, such as an illness, other work, etc. [...] Further, at the meeting on November 13, 1996, Mr. Bellavance was not given a reasonable period of time to respond.
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3,146.
Giroux and Séguin and Whitney and Vincent - 1999-01-29
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Term employee
Time limit
Unfair labour practice
Decision Page 5 Too much time has elapsed and this goes well beyond the norm of reasonableness. [...] The complainant gave no reason for the delay in submitting the complaint. [...] Decision These complaints should have been laid within a reasonable time period of the acts complained of.
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3,147.
Collins and Public Service Alliance of Canada - 1999-01-25
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Reclassification
Unfair labour practice
Reasons for Decision This complaint alleges that the respondent has violated subsection 10(2) of the Act, which provides as follows: (2) No employee organization, or officer or representative of an employee organization, that is the bargaining agent for a bargaining unit shall act in a manner that is arbitrary,
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3,148.
Seager and Treasury Board (Solicitor General Canada - Correctional Service) - 1999-01-15
FPSLREB Decisions - Labour RelationsReinstatement
Sexual harassment
Termination (disciplinary)
Dr. Seager's reason for not using the PCLR was that it had not been validated for such people who lacked the experience of living an urban lifestyle. [...] She said that, as the current supervisor of the Aboriginal Sex Offender Program, she did not utilize the PCLR for just that reason. [...] Conclusion For the reasons which I have given this grievance is sustained.
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3,149.
Public Service Alliance of Canada and Treasury Board - 1999-01-14
FPSLREB Decisions - Labour RelationsDesignated position
Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that have been so distributed.
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3,150.
MacLean and Treasury Board (Revenue Canada - Customs, Excise and Taxation) - 1999-01-07
FPSLREB Decisions - Labour RelationsEmployee attitude
Insubordination
Remedy
Conclusion and reasons for the decision The facts in this case are not in question. [...] 19 I believe that it is more reasonable that the grievor's suspension be reduced to 10 days from 15 days. [...] A more reasonable response would be a 10-day suspension of Mr. MacLean.