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Treasury Board and Public Service Alliance of Canada - 1997-12-19

Decision Page 12 REASONS FOR DETERMINATION The employer has proposed that the positions occupied by Messrs.   [...]  ... (d) a position the occupant of which has duties and responsibilities not otherwise described in this subsection and who in the opinion of the Board should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person's duties and responsibilities to the employer;   [...]  Exclusions under paragraph 5.1(1)(d) must be supported by cogent evidence of potential conflict or association with management by reason of the duties of the position.

Public Service Alliance of Canada and Treasury Board - 1997-12-09

provided due authority to Revenue Canada to establish a year-round student employment program within the meaning of paragraph (k) of the definition - this was contrary to what the Board had concluded in its original decision - furthermore, this new evidence could not reasonably have been presented at the original hearing.

Browne and Others and Treasury Board (Revenue Canada - Customs, Excise and Taxation) - 1997-12-01

We don’t know any reason why except that our only offense is that we belonged to GST branch of Revenue Canada and that the penalty for not coming from Taxation branch of Revenue Canada was demotion to less sensitive duties or to junior jobs that have fewer powers than those of our substantive positions.   [...]  Reasons for Decision The statutory authority respecting the adjudication of grievances is found in subsection 92(1) of the Public Service Staff Relations Act, which states as follows: 92.   [...]  Decision Page 8 grievors testified that their performance has always been viewed as being entirely satisfactory; in fact, there is no reason to conclude that the reorganization of the grievors’ duties and responsibilities was motivated by any disciplinary concerns.

Lynch and Treasury Board (National Defence) - 1997-11-14

What I did in the military to make things work was no reason to do as a civilian.   [...]  He asked that I impose a reasonable penalty under all the circumstances but that I reinstate the grievor.   [...]  For all these reasons, the grievance is denied. J. Barry Turner, Board Member.

Liberty and Potts and Treasury Board - 1997-11-04

Reasons for Decision The relevant provisions of the PSSRA are sections 6, 8 and paragraph 23(1)(a): 6.   [...]  I have reached this conclusion for the following reasons. There was much confusion at the meeting.   [...]  For all these reasons, the complaint is dismissed. Rosemary Vondette Simpson, Board Member

Willan and Potts, Rankin and Treasury Board - 1997-11-04

Nevertheless, each and all of us must exercise reasonable restraint when voicing opinions on government actions and carefully avoid participating in public controversy.   [...]  In each case a determination must be made whether the employee is reasonably exercising his or her rights as a member of a free society or is the employee exceeding the legitimate limits of free speech and acting in contravention of a legitimate employer interest.   [...]  Reasons for Decision The first two allegations complained of are related, the second adding information to the first.

Cottenoir and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-10-22

At the start of the hearing in this case the employer gave two reasons to justify the dismissal and Mr. Cottenoir alleged that these two reasons did not take place and that even if there were problems with his conduct they did not justify his dismissal.   [...]  According to Mr. Denis, the reason Mr. Véronneau was accepted in the ECHO program was that it met one of his needs.   [...]  I was strongly recommended to change a section of my first report for the foregoing reasons.

Noël and Treasury Board (Human Resources Development Canada) - 1997-10-22

He did not meet with a manager, alone, for this reason, always being accompanied for more security.   [...]  It sheds a bad light on the reasons the employer has given for dismissing Jean-Eric Noël.   [...]  And then, the employer is prepared to accept his resignation "for health reasons".

Walcott and Treasury Board (Employment and Immigration Canada) - 1997-10-02

Ms. Jones observed that there was no explanation on the file as to the reasons for this telex.   [...]  There is also reason for seriously questioning the credibility of her evidence concerning Ms. Kular’s conduct.   [...]  For the reasons noted below, I have concluded that it has done so. I would first address the evidence of Mr. Selwyn Ballantyne.

Joss and Treasury Board (Agriculture and Agri-Food Canada) - 1997-09-22

In summary, and for the foregoing reasons, the appeal of Dr. Floyd Joss is allowed.   [...]  His indefinite suspension was all the more stressful for that reason.   [...]  Accordingly, for all these reasons the grievance is allowed to the extent indicated.

Paynter et al. and Treasury Board (Agriculture and Agri-Food Canada) - 1997-09-12

Clients prefer the same inspector for many reasons such as the knowledge of the class of stock, hot spots, etc.   [...]  (b) Every reasonable effort shall be made by the Employer: Public Service Staff Relations Board   [...]  It is not reasonable to try to catch up at this time but the employer should compensate employees either in cash or in compensatory leave.

O'Connell and Treasury Board (Solicitor General Canada - Correctional Service) - 1997-08-19

Pastor McLaughlin added that the grievor told him for security reasons, it was not proper to put your arms around inmates or to physically touch them or to hug them.   [...]  She also told Pastor McLaughlin after the baptism that there was a policy, especially for volunteers, that they were not to hug inmates for any reason.   [...]  For the above reasons, these grievances are denied. J. Barry Turner, Board Member.

Tanciu and Treasury Board (Veterans Affairs Canada) - 1997-08-05

- you told Dr. Lemieux the reason for refusing treatment was that everyone does therapy;   [...]  We asked our secretary to call the telephone number to find out the reasons for such a refusal.   [...]  Decision Page 21 REASONS The employer had the burden of proof and he discharged it.