3,377 result(s)
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3,176.
Béchard and Treasury Board (National Defence) - 1998-08-25
FPSLREB Decisions - Labour RelationsAbandonment of grievance
Béchard and Treasury Board (National Defence), Béchard et le Conseil du Trésor (Défense nationale), 166-2-26931 Termination (disciplinary reasons) - Grievance procedure - Abandonment of grievance - the grievor filed a grievance against his termination of employment - his representative requested, and obtained, a
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3,177.
Public Service Alliance of Canada and Treasury Board - 1998-08-25
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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3,178.
Day and Blattman, Bright and Hortie - 1998-08-24
FPSLREB Decisions - Labour RelationsComplaint
Jurisdiction
Sexual harassment
Unfair labour practice
I cannot access reasonable constructive or even remotely helpful assistance in trying to deal with the employer. [...] I do not have access to reasonable representation. I do not have reasonable representation. [...] My reason for continuing on with the CHRC investigation was with the hopes of accessing a remedial process which would allow me to continue my apprenticeship training and continue with a career.
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3,179.
Public Service Alliance of Canada and Treasury Board - 1998-08-12
FPSLREB Decisions - Labour RelationsDesignated position
Decision Page 2 every reasonable effort to obtain any Forms 13 that have been so distributed.
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3,180.
Vaughan and Treasury Board (Public Works and Government Services Canada) - 1998-08-12
FPSLREB Decisions - Labour RelationsJurisdiction
Layoff
Termination (non-disciplinary)
Workforce adjustment
In the absence of a reasonable job offer, the surplus period is extended and the employee not laid off until after a reasonable job offer has been refused: [...] For that purpose, the Grievor asserted that the job offer was not “reasonable”. [...] The Employer suggested that the job offer of February 17, 1995, which I have determined not to have been reasonable, was subsequently made reasonable.
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3,181.
Laurin and Treasury Board (Revenue Canada) - 1998-08-06
FPSLREB Decisions - Labour RelationsFraud
Overtime pay
Reinstatement
Termination (disciplinary)
Mr. Régimbal always gave her reason to believe she was entitled to the overtime payments she was receiving. [...] I believe that Mr. Justice Marceau’s reasoning in the Barrett case is the most detailed and appropriate. [...] However, many reasons could warrant dissimilar treatment, reasons that may be quite independent of a strict assessment of the relative degree of fault since, as it is well known, the various objectives assigned to sentencing and sought to be achieved by it present many aspects, not all related to punishing and sanctioning.
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3,182.
Petrovic and Treasury Board (Natural Resources Canada) - 1998-07-29
FPSLREB Decisions - Labour RelationsAbsenteeism
Insubordination
Leave without pay
Termination (disciplinary)
Decision Page 3 extension of the leave for personal reasons. He did not expand further on the reasons. [...] The only reason ever given for the leave was as contained in Exhibit E-8. [...] Mr. Stewart testified he was not told about this reason for the leave request, and in fact was not given any reason beyond that found in Exhibit E-8.
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3,183.
Treasury Board and Professional Institute of the Public Service of Canada - 1998-07-21
FPSLREB Decisions - Labour RelationsExcluded position
As the bargaining agent for the bargaining unit concerned, PIPSC objects to the application for exclusion for the following reasons. [...] [Emphasis in the original] REASONS The reason given by the employer for identifying the position as a managerial or confidential position pursuant to paragraph 5.1(1)(b) of the Act is that Robert Jobin must deal formally on behalf of the employer with grievances filed at the first level of the grievance procedure by any [...] Decision Page 15 For all these reasons, I find that the position occupied by Robert Jobin to be a managerial or confidential position in accordance with the Act and the Board confirms the identification.
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3,184.
Ball and Treasury Board (National Defence) - 1998-07-16
FPSLREB Decisions - Labour RelationsAnnual leave
Resignation
Sick leave
Termination (non-disciplinary)
Workforce adjustment
If he did not receive a reasonable job offer during that time, he would be laid off at the end of the paid surplus period. [...] • If I refuse a reasonable job offer during the period of surplus status, I will be laid-off. [...] Accordingly, for the reasons noted above this grievance is denied. P. Chodos, Vice-Chairperson.
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3,185.
O'Neil, Scott, Farrell, Duquette, Teichert, Thompson and Treasury Board (Solicitor General Canada - Correctional Service) - 1998-07-14
FPSLREB Decisions - Labour RelationsComplaint
Occupational health and safety
Overtime pay
For these reasons, this decision deals with this issue only. Sections 133 and 147 of the Code read: 133. [...] Decision Page 2 parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances, hear and determine the complaint. [...] Decision Page 6 paragraph 147(a) and ignore the reasonable, plain meaning of this paragraph to reach such a conclusion.
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3,186.
Catlos and Treasury Board (Statistics Canada) - 1998-07-07
FPSLREB Decisions - Labour RelationsEmployee status
Extension of time
Jurisdiction
Termination (non-disciplinary)
With respect, this argument is based on reasoning which attempts to put the cart before the horse. [...] For these additional reasons, the respondent’s jurisdictional objections should be dismissed. [...] For all these reasons, this grievance is denied. OTTAWA, July 7, 1998.
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3,187.
Chicorelli and Treasury Board (National Defence) - 1998-07-06
FPSLREB Decisions - Labour RelationsCompensation
Overtime
Training
Accordingly, this hearing was convened for that purpose (it should be noted that a hearing in respect of this matter was scheduled on several previous occasions; however, on each occasion the scheduled hearing had to be postponed for reasons unrelated to this grievance). [...] Paragraph 22.13(b) of the agreement provides for reasonable time for a meal break; the provision does not say whether this is paid or unpaid; however, operational firefighters are paid when they are working, and the period during their meal break is considered work; accordingly, unlike the Fire Chief, who receives an unpaid [...] Decision Page 5 Reasons for Decision As noted above, the undersigned retained jurisdiction to address the question of compensation following the issuance of the earlier decision.
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3,188.
Dargis and Leblanc and Treasury Board (Foreign Affairs and International Trade) - 1998-06-25
FPSLREB Decisions - Labour RelationsCompensation
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. [...] involves the pyramiding of overtime and the other interpretation does not involve the pyramiding of overtime, the board of arbitration, in the absence of specific wording in the contract should accept the interpretation which doe not provide for the additional penalty payments by reason of pyramiding overtime. [...] For all of these reasons, the grievances must be dismissed. Joseph W. Potter, Board Member
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3,189.
Giroux and Martin - 1998-06-19
FPSLREB Decisions - Labour RelationsComplaint
Jurisdiction
Reasons for Decision It is trite law that my jurisdiction is derived from the Public Service Staff Relations Act (PSSRA).
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3,190.
Jonk and Treasury Board (Foreign Affairs and International Trade) - 1998-06-19
FPSLREB Decisions - Labour RelationsCompensation
Insurance
Managerial discretion
Mr. Shields agreed that when “reasonable precautions” as described in FSD 64.07 are not taken, compensation is excepted. [...] He concluded Mr. Jonk at least took out earthquake insurance at a reasonable deductible level. [...] The Foreign Service Directives merely talk about the need to take reasonable precautions.
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3,191.
Halabecki and Treasury Board (Canadian Grain Commission) - 1998-06-18
FPSLREB Decisions - Labour RelationsOvertime assignment
Subclause 21.14(a) reads: 21.14 Assignment of Overtime Work Subject to the operational requirements of the service, the Employer shall make every reasonable effort: [...] For the above reasons, this grievance is dismissed. Joseph W. Potter, Board Member
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3,192.
Boujikian and Treasury Board (Citizenship and Immigration Canada) - 1998-06-15
FPSLREB Decisions - Labour RelationsOvertime assignment
Remedy
The grievance does not refer to paragraph 19.02(a) of the PM Group Specific Agreement, Code 308/89, which reads: ARTICLE 19 OVERTIME 19.02 Assignment of Overtime Work (a) Subject to the operational requirements of the Service, the Employer shall make every reasonable effort to avoid excessive overtime and to offer overtime [...] that he performed all his regular duties after his suspension was not challenged, nor was his assertion that he wrote to terminal supervisors to let them know he was available for O/T. I can only conclude that he was not given more O/T for the months of July, August, September and October 1995, for some unknown reasons.
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3,193.
Fedun and others and Treasury Board (Revenue Canada - Taxation) - 1998-06-11
FPSLREB Decisions - Labour RelationsJob description
She would simply make a marginal entry indicating the reason why she had accessed the account. [...] Reasons for Decision This case addresses whether the grievors’ current job description, that is Exhibit G-1, meets the employer’s obligations as set out in Article M-32 of the relevant collective agreement, which provides as follows: ARTICLE M-32 STATEMENT OF DUTIES M-32.01 Upon written request, an employee shall be
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3,194.
Bentley and Treasury Board (Public Works and Government Services Canada) - 1998-06-09
FPSLREB Decisions - Labour RelationsExtension of time
Overtime
Waiver
In cross-examination, the witness stated the reason he did not file a grievance was because he wanted to keep his job. [...] He testified the reason for his inaction was because he heard Mr. McElrone was about to retire and, in fact, this event occurred in July 1995. [...] Decision Page 8 For these reasons, Mr. Rafferty suggested I exercise my discretion and grant an extension of time.
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3,195.
Association of Marine Assessors, Inspectors and Investigators of the Public Service of Canada and Treasury Board and Public Service Alliance of Canada - 1998-06-08
FPSLREB Decisions - Labour RelationsBargaining unit
Certification
Mr. Streeter agreed that there is a different dimension to the Marine Surveyors’ accountability, which is the reason why the working level is classified one step above their counterparts in the other modes of transportation. [...] Reasons for Decision The Board’s authority to determine the appropriate bargaining unit is found in section 33 of the Act, which provides as follows: Determination of Appropriate Bargaining Units Determination of unit 33. [...] Furthermore, the reasons for these employees’ lack of success in obtaining what they view as their proper level of compensation, does not lie with the configuration of their current bargaining unit.
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3,196.
Foscolos and Treasury Board (Revenue Canada - Taxation) - 1998-06-08
FPSLREB Decisions - Labour RelationsCompensation
Duty to accommodate
Leave without pay
Sick leave
For this reason I cannot consider any option that jeopardizes my contract of full time employment. [...] Accordingly, there is ample reason to conclude that Mr. Bradnam’s recollection of the events is more reliable than that of the grievor. [...] Concomitant with a search for reasonable accommodation is a duty to facilitate the search for such an accommodation.
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3,197.
Renouf and Treasury Board (Revenue Canada - Taxation) - 1998-06-08
FPSLREB Decisions - Labour RelationsBreach of trust
Fraud
Termination (disciplinary)
On subsequent meetings with the employer you were unable to provide a satisfactory explanation as to the amount of the cheque or the reasons for issuing it. [...] When a cheque is issued manually for urgent reasons, it requires the signature of a supervisor. [...] The reason for this was that she knew very well that she was going to have to think of a way to get out of the mess.
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3,198.
Downer and Public Service Alliance of Canada, Union of Taxation Employees and Flinn - 1998-06-04
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Excluded position
Harassment
Unfair labour practice
The reason why they would not do so was because she was not in the union at the time the discipline was imposed. [...] They decided to not represent her for reasons other than her exclusion from the union. [...] It had objective reasons for making its decision. The discipline arose while she was part of management.
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3,199.
Warwick and Treasury Board (Environment Canada) - 1998-06-02
FPSLREB Decisions - Labour RelationsLayoff
Relocation assistance
Workforce adjustment
Workplace
The reason for this is that, on the facts before me, there is no vacuum. [...] Decision Page 4 For this reason, I agree with the interpretation of the Travel and Executive Committees of the National Joint Council of the Public Service of Canada that Dr. Warwick was treated properly under the Relocation Directive as his choice to accept the EDI and move to Vancouver Island did not involve a relocation
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3,200.
Lo and Treasury Board (Treasury Board Secretariat) - 1998-05-14
FPSLREB Decisions - Labour RelationsJurisdiction
Layoff
Reinstatement
Remedy
Termination (disciplinary)
Training
Workforce adjustment
These reasons include: (a) On July 3, 1997, Mr. Harder stated that the official reason to layoff was due to no work in Mr. Brown’s Division, MFD, for the Grievor. [...] According to Mr. Rummell, the reason for layoff was due to the ARD being wound- up. [...] While the grievor may disagree with the reasons that were provided by LTC, the reasons for which LTC terminated her language training had no impact on the reasons why she was declared surplus on March 27 1997.