3,377 result(s)
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3,151.
Chopra et al. and Nymark - 1998-12-21
FPSLREB Decisions - Labour RelationsComplaint
Harassment
Management rights
Unfair labour practice
43. Firstly, it is submitted that these issues do not constitute a proper ground for the filing of a section 23 complaint, for reasons described in Part I of the Respondent's submissions. [...] 55. For these reasons, this aspect of the Complainant's complaint ought to be dismissed. [...] ... (ii) to refrain from exercising any other right under this Act. (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.
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3,152.
Morissette and Treasury Board (Agriculture and Agri-Food Canada) - 1998-12-21
FPSLREB Decisions - Labour RelationsSexual harassment
Termination (disciplinary)
During this conversation, Claude Mayrand told Ms. X it was not normal to quit work for this reason. [...] She did not know the reason why, except that they did not appreciate some of the jokes about women. [...] Consequently, we need to find a reason for this change in conduct toward Marcel Morissette.
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3,153.
Webb and Treasury Board (Foreign Affairs and International Trade) - 1998-12-21
FPSLREB Decisions - Labour RelationsEstoppel
Relocation assistance
Even in a depressed market it is possible to sell a home in a reasonable period of time provided it is listed at, very near, or even below market value. [...] Mr. LeFrançois maintained that the grievor's evidence on this matter is entirely self-serving, and runs counter to logic and reason. [...] Accordingly, for the reasons noted above, this grievance is upheld. P. Chodos, Vice-Chairperson.
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3,154.
Public Service Alliance of Canada and Treasury Board - 1998-12-18
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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3,155.
Public Service Alliance of Canada and Treasury Board - 1998-12-18
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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3,156.
Public Service Alliance of Canada and Treasury Board - 1998-12-16
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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3,157.
Anthony and Treasury Board (Fisheries and Oceans Canada) - 1998-12-14
FPSLREB Decisions - Labour RelationsExtension of time
Term employee
Conclusion and Reasons for Decision The 25day limit on the filing of grievances is in the regulations and in article M38 of the Master Agreement between PSAC and Treasury Board.
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3,158.
Shaw and Treasury Board (Revenue Canada - Customs & Excise) - 1998-12-14
FPSLREB Decisions - Labour RelationsHarassment
Jurisdiction
Unfair labour practice
Union representative
For these reasons, Mr. Shaw maintains that this adjudicator should recognize his jurisdiction to adjudicate the grievances. [...] 7 The Burchill case was among the authorities used to support the reasoning in the Mohammed decision, supra. [...] He went on to decide, in accord with the reasoning in Chopra, that he had no jurisdiction to hear the case.
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3,159.
Treasury Board and Association of Public Service Financial Administrators - 1998-12-02
FPSLREB Decisions - Labour RelationsExcluded position
Paragraph 5.1(1)(d) provides for exclusion because of reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer. [...] They cannot recommend termination let alone terminate for disciplinary reasons. [...] For this reason the two positions of Assistant Regional Director were created.
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3,160.
Sauvé and Treasury Board (Public Works and Government Services Canada) - 1998-11-30
FPSLREB Decisions - Labour RelationsCompensation
Grievance procedure
Jurisdiction
Time limit
Waiver
Decision Page 5 For all these reasons, I have jurisdiction to hear Mr. Sauvé’s grievance on the merits.
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3,161.
Amaratunga & Others and Treasury Board (Revenue Canada - Customs, Excise, Taxation) - 1998-11-26
FPSLREB Decisions - Labour RelationsSeverance pay
Term employee
by one month - they accepted - two days later, the grievors were informed that their terms would not be extended for an extra month, because of budgetary reasons - they then requested severance pay on the basis of their collective agreement - their request was denied - the exact words used to offer the grievors a [...] The reasons the terms were not extended was not because there was any lack of work or discontinuance of a function, but simply that the funding did not come through. [...] For these reasons, the grievances are dismissed. Rosemary Vondette Simpson, Board Member
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3,162.
Trevena and Treasury Board (Revenue Canada - Taxation) - 1998-11-25
FPSLREB Decisions - Labour RelationsAdmissible evidence
Breach of confidence
Employee file
Misconduct
Termination (disciplinary)
Ed Trevena explained to me that his reason for pursuing his grievance, beyond the Employer's concession at third level, was to keep the record complete as called for in the corrective action. [...] I have been given no reason to believe that an order of reinstatement would produce a fresh start for Ed Trevena and Revenue Canada. [...] For the reasons which I have given, I am persuaded that the Employer had just cause to dismiss Ed Trevena for his wilful actions aimed at damaging Revenue Canada's reputation.
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3,163.
Hampton and Treasury Board (Revenue Canada - Taxation) - 1998-11-23
FPSLREB Decisions - Labour RelationsBreach of trust
Compensation
Fraud
Remedy
Termination (disciplinary)
These questions and answers were located in a board member’s office to which you had no reason to enter. [...] In his testimony Mr. Vivash elaborated upon his reasons for dismissing Mr. Hampton. [...] In view of this serious misconduct management’s response was reasonable and should not be set aside.
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3,164.
Czmola and Rodier and Treasury Board (Solicitor General Canada - Correctional Service) - 1998-11-19
FPSLREB Decisions - Labour RelationsComplaint
Correctional officer
Occupational health and safety
Refusal to work
“danger” “danger” means any hazard or condition that could reasonably be expected to cause injury or [...] With respect to the final reason stated, it appears rather inciting and challenging to inmates. [...] Decision Page 39 There is in fact no reason to break that visual contact, even for a few seconds.
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3,165.
McElrea and Treasury Board (Industry Canada) - 1998-11-04
FPSLREB Decisions - Labour RelationsEvidence
Procedure
. . . Reasons for Interim Decision The grievor is asking me to allow him to re-open the cross-examination of the employer's witnesses because 1) the rule in Browne v. Dunn, supra, would prevent him from contradicting the testimony of these witnesses because, in cross-examining them, his representative omitted to inform them [...] Decision Page 4 For all these reasons, I deny the grievor's request for leave to re-open the cross- examination of the employer's witnesses.
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3,166.
Staff of the Non-Public Funds and United Food and Commercial Workers Union, Local 864 and Public Service Alliance of Canada - 1998-11-04
FPSLREB Decisions - Labour RelationsBargaining unit
Classification
Decision review
They have not done this, in the submission of the Union, simply because they have no reason to do so. [...] Their application is based upon the Canadian Human Rights Act. There is no other reason to merge the units. [...] The UFCW retains its original position that there is a heavy onus upon the Applicant to prove that there are reasons to enter upon this question and then once entered upon, reasons for this Board to change the status quo.
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3,167.
Martin and Treasury Board (Transport Canada) - 1998-10-29
FPSLREB Decisions - Labour RelationsAir traffic controller
Continuous employment
Estoppel
Severance pay
In the end, Gordon Sorochan chose not to grieve because he thought he was outside of the time frame to do so and, as well, for medical reasons. [...] In the instant case, one should ask: what would a reasonable person have taken from the employer's representations? [...] Reasons for Decision This grievance is granted for the reasons that follow.
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3,168.
Sophocleous and Pascucci and Richey - 1998-10-21
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Unfair labour practice
Conclusion and Reasons for Decision Mr. Sophocleous alleges that the CEIU did not respect its statutory duty to represent him. [...] However, this sort of reasoning does not take into account the type of assistance offered. [...] The CEIU had clear, cogent reasons for not offering to represent Mr. Sophocleous in a more engaged manner.
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3,169.
Scheuneman and Treasury Board (Natural Resources Canada) - 1998-10-20
FPSLREB Decisions - Labour RelationsIncapacity
Leave without pay
Termination (non-disciplinary)
The reason for your termination is related to your incapacity to perform your duties. [...] You have been absent from the workplace for medical reasons since September 6, 1988. [...] Decision Page 24 For all these reasons, this grievance is denied. J. Barry Turner, Board Member.
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3,170.
Wilson and Gardner and Treasury Board (Foreign Affairs and International Trade) - 1998-10-20
FPSLREB Decisions - Labour RelationsEstoppel
Expense allowance
Time limit
She testified: "I had no reason to question these very senior people." [...] It is management's prerogative under the Foreign Service Directives to determine what the actual and reasonable expenses were. [...] Decision Page 8 reasonable cost to the public, and with minimal inconvenience to the employee and family."
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3,171.
Rinaldi and Treasury Board (Canadian Space Agency) - 1998-10-05
FPSLREB Decisions - Labour RelationsCredibility
Jurisdiction
Layoff
There was all the more reason for Mario Rinaldi to have been accommodated. [...] Alain Desfossés had no reason to have any animosity towards Mario Rinaldi. [...] REASONS FOR DECISION The three grievances are dismissed for the following reasons.
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3,172.
Scott and Treasury Board (Revenue Canada - Customs and Excise) - 1998-09-23
FPSLREB Decisions - Labour RelationsBorder services officer
Breach of trust
Crime
Evidence
Termination (disciplinary)
The trial of the criminal proceeding has been completed and there is no reason to await the outcome of an appeal. [...] For all the above reasons and to allow Ms. Scott a real opportunity to regain her job, I must ask that the Board reconsider its decision and grant an adjournment. [...] Decision Page 18 For these reasons, the grievances are hereby dismissed.
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3,173.
Gervais and Treasury Board (Solicitor General Canada - Correctional Service) - 1998-09-09
FPSLREB Decisions - Labour RelationsEducation allowance
For the reasons above the grievance is allowed and the employer is directed to pay Ms. Gervais the education allowance retroactive to January 1, 1994.
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3,174.
Public Service Alliance of Canada and Treasury Board - 1998-09-08
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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3,175.
Walton and Treasury Board (Solicitor General - Correctional Service Canada) - 1998-08-31
FPSLREB Decisions - Labour RelationsDiscrimination
Incapacity
Termination (non-disciplinary)
This letter sets out its rationale as follows: Employees who are on Leave Without Pay for Illness, and who will not be able to return to duty within the reasonably foreseeable future, should not remain on Leave Without Pay indefinitely. [...] 3 18, 1995) that, against a standard of reasonableness, all that the employer needed to demonstrate under this clause was that, at the time of the termination of his employment, the employee was unfit for work and would not be in a position to return to work in the foreseeable future. [...] For the reasons which I have given, these grievances are denied. No case of harassment or disability discrimination has been made out.