3,377 result(s)
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3,301.
Sparks and Treasury Board (National Defence) - 1996-12-17
FPSLREB Decisions - Labour RelationsAggressive behaviour towards co-worker
Intoxication
Prior to February 25, 1995, she had no reason to ever be fearful of the grievor. [...] He argued that the reason the grievor could not remember pulling Lieut. [...] For all these reasons, the grievance is allowed to the extent indicated.
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3,302.
Rose and Treasury Board (Revenue Canada - Customs and Excise) - 1996-12-16
FPSLREB Decisions - Labour RelationsBreach of security
Grievance procedure
Misconduct
Termination (disciplinary)
On August 23, 1995, Manon Rose's employment was terminated (Exhibit E-22) for the following reasons: [...] When she was cross-examined, Manon Rose could offer no reason to explain why she sent this document to the employer. [...] For these reasons, the grievances are dismissed. Marguerite-Marie Galipeau Deputy Chairperson
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3,303.
Vogan and Treasury Board (National Defence) - 1996-12-11
FPSLREB Decisions - Labour RelationsJurisdiction
Term employee
Major Raymond received a message from Mr. Stewart (Exhibit E-17) directing that “Mr. A. Silva’s employment can not yet be terminated for the reasons outlined ... [...] Further, it is reasonable that the Department chose to keep Mr. Silva, whose substantive position was that of a Mason. [...] It would appear however that management decided to retain the services of Mr. Silva rather than Mr. Vogan, the reasons for which are outlined in the memorandum dated November, 1993: (Exhibit E-21) ... .
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3,304.
Research Council Employees' Association and National Research Council - 1996-12-10
FPSLREB Decisions - Labour RelationsDesignated position
Furthermore, I believe that one of the main reasons for requiring the designation of positions having safety or security duties and the notification of the occupants thereof well in advance of any possible strike action is to avoid exacerbating the situation when the parties reach an impasse in a dispute.
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3,305.
Research Council Employees' Association and National Research Council - 1996-12-10
FPSLREB Decisions - Labour RelationsDesignated position
Furthermore, I believe that one of the main reasons for requiring the designation of positions having safety or security duties and the notification of the occupants thereof well in advance of any possible strike action is to avoid exacerbating the situation when the parties reach an impasse in a dispute.
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3,306.
Research Council Employees' Association and National Research Council - 1996-12-10
FPSLREB Decisions - Labour RelationsDesignated position
Furthermore, I believe that one of the main reasons for requiring the designation of positions having safety or security duties and the notification of the occupants thereof well in advance of any possible strike action is to avoid exacerbating the situation when the parties reach an impasse in a dispute.
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3,307.
Treasury Board and Professional Institute of the Public Service of Canada - 1996-12-02
FPSLREB Decisions - Labour RelationsExcluded position
Extension of time
... 10. No proceeding under these Regulations is invalid by reason only of a defect in form or a technical irregularity. [...] From this vantage point, I see no reason why the jurisprudence of the court referred to above is not applicable to the circumstances before this Board. [...] Thus, for the reasons stated above, the Board denies the bargaining agent’s application for an extension of time to file objections to the identifications made by the employer.
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3,308.
Lachance and Palmer and Treasury Board (National Defence) - 1996-11-29
FPSLREB Decisions - Labour RelationsAnnual leave
Continuous employment
Reasons for Decision Public Service Staff Relations Board Decision Page 9 In Collective Agreement Arbitration in Canada, Third Edition, Messrs. [...] Accordingly, for all these reasons the grievances are allowed. Richard Labelle, Board Member
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3,309.
Boulay and Treasury Board (Solicitor General Canada - Correctional Service) - 1996-11-25
FPSLREB Decisions - Labour RelationsExtension of time
Grievance procedure
Resignation
Neither agreed to do so, giving their reasons on March 22 and 27, 1996. [...] Reasons for Decision The application is dismissed for the following reasons. [...] The second lawyer attempted to rectify the situation on March 8, 1996 (Exhibit A-13), but for reasons that remain obscure, did not draw up a grievance until April 26, 1996.
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3,310.
Foster and Treasury Board (National Defence) - 1996-11-19
FPSLREB Decisions - Labour RelationsIncapacity
Severance pay
Termination (non-disciplinary)
He argued the only way an employee cannot receive severance pay is under discharge for disciplinary reasons. [...] Mr. Newman argued that from an equitable position this grievance has some merit since the grievor was not terminated for disciplinary reasons. [...] Reasons for Decision The case before me arises out of the Foster decision (Board file 166-2-26267) issued by adjudicator Tarte on May 24, 1995.
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3,311.
Public Service Alliance of Canada and Treasury Board - 1996-11-15
FPSLREB Decisions - Labour RelationsDesignated position
reasons - although the Board has the authority under section 6 of the Regulations to extend any time limits set out therein, this authority must be exercised with a definite time in view and cannot be used to extend the time for an indefinite period to be determined by the parties - furthermore, one of the main reasons [...] In any case, I am of the opinion that one of the main reasons for requiring the designation of positions having safety or security duties and the notification of the incumbents thereof well in advance of any possible strike action is to avoid exacerbating the situation when the parties reach an impasse in a dispute.
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3,312.
Creamer and Treasury Board (Health Canada) - 1996-11-07
FPSLREB Decisions - Labour RelationsHarassment
Jurisdiction
Mental stress
Occupational health and safety
Refusal to work
(1) Subject to this section, where an employee while at work has reasonable cause to believe that [...] Mrs. Ceayon Johnston found an absence of danger and I confirm her decision for the following reasons. [...] For the same reason, I do not need to deal with the issues of mootness and laches raised by counsel for the employer.
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3,313.
Ferguson and Treasury Board (Solicitor General Canada - Correctional Service) - 1996-10-28
FPSLREB Decisions - Labour RelationsAggressive behaviour towards superior
Correctional officer
Insubordination
Mr. Ferguson said that CO Guilderson released the inmates at huts E-13 and E-14 but CO Warren at hut LU1 held them back for some reason. [...] He argued Mr. Robertson considered two reasons for the two-day financial penalty: one, the swearing by the grievor, and two, his refusal to obey Ms. Wrenshall and Mr. Green. [...] Decision Page 12 For all these reasons, this grievance is denied. J. Barry Turner, Board Member.
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3,314.
Taylor and Treasury Board (Human Resources Development Canada) - 1996-10-23
FPSLREB Decisions - Labour RelationsFraud
Termination (disciplinary)
Mr. McIlveen was not aware of the specific reasons for these periods of leave but thought it probably related to Mr. Taylor’s diabetes. [...] Mr. McIlveen had no reason to be aware of any psychological problems of the grievor. [...] Decision Page 8 For all these reasons, this grievance is denied. J. Barry Turner, Board Member.
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3,315.
Public Service Alliance of Canada and Little, Murray - 1996-10-18
FPSLREB Decisions - Labour RelationsRepresentation
Unfair labour practice
(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. [...] He noted in particular the evidence of Ms. Swan, who was unequivocal in her description of Major Marion’s comments; Ms. Swan had a lot to lose by coming forward to testify in this matter and had no reason to misrepresent Major Marion’s comments. [...] Accordingly for all the reasons noted above, this complaint is dismissed.
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3,316.
Frankel and Treasury Board (Transport Canada) - 1996-10-11
FPSLREB Decisions - Labour RelationsAggressive behaviour towards co-worker
Decision Page 8 Reasons for Decision After considering the evidence and submissions of both parties, I dismiss this grievance for the following reasons. [...] For all of these reasons, this grievance is denied. Richard Labelle, Board Member
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3,317.
Seabrooke and Canadian Security Intelligence Service - 1996-10-04
FPSLREB Decisions - Labour RelationsJurisdiction
Layoff
Resignation
Severance pay
I remarked that it did not seem reasonable to expect those without “marketable skills” to volunteer to leave the Service. [...] Applying the reasoning of the Federal Court of Appeal in the Burchill case to this case, the grievance must fail. [...] For all these reasons, I dismiss this grievance for want of jurisdiction.
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3,318.
J. Quigley and Treasury Board (Citizenship and Immigration Canada) - 1996-10-01
FPSLREB Decisions - Labour RelationsExtension of time
Jurisdiction
In 1982 the grievor was terminated by his department allegedly for reasons of misconduct. [...] Based on that reasoning, then, I would agree with Your Honour's question, that there is no jurisdiction in this Court to consider the matter. [...] For the reasons noted above, this grievance is dismissed for want of jurisdiction.
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3,319.
Lagacé and Treasury Board (National Defence) - 1996-09-17
FPSLREB Decisions - Labour RelationsCredibility
Misconduct
Sexual harassment
The witnesses had no reason to plot against Mr. Lagacé. An adjudicator must take into account the attitude of the witnesses when giving evidence. [...] For all these reasons, I must dismiss the grievance. The grievor's representative referred to the decisions cited by the employer's counsel. [...] Reasons for Decision Harassment is prohibited in Canada under the Canadian Human Rights Act, R.S.C. 1985, c. H-6.
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3,320.
Breckenridge, Carpentier, Charette, Ledoux, Marett, Séguin, Slone, Therrien, Van den Bergh, Blondin, Branchaud, Lemoine, Lorrain and Russo and Library of Parliament - 1996-09-12
FPSLREB Decisions - Labour RelationsProcedure
There is reason to consider, however, that the job Public Service Staff Relations Board [...] Reasons for Decision The grievances are allowed on the grounds that the statement of the duties and responsibilities of these employees is not "complete and current" as required by Article 27 of the collective agreement.
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3,321.
Samra and Treasury Board (Indian and Northern Affairs Canada) - 1996-09-11
FPSLREB Decisions - Labour RelationsBurden of proof
Credibility
Reinstatement
Sexual harassment
Termination (disciplinary)
He had no reason to do so. He really only wanted to avoid her and to look after his own problems. [...] Reasons for Decision This case is, indeed, a difficult one to determine. [...] In the sum, therefore, and for all the reasons outlined above, the grievance is allowed.
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3,322.
Thibault and Treasury Board (Solicitor General Canada - Correctional Service) - 1996-09-09
FPSLREB Decisions - Labour RelationsActing pay
Financial penalty
Jurisdiction
Misconduct
Remedy
These people had no reason to pass on this information unless it was based on fact. [...] Rather, bad faith would be to camouflage the true reasons for the decision. [...] (5) .”A grievance of an employee is not invalid by reason only that it is not presented in
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3,323.
Kwan and Treasury Board (Revenue Canada - Taxation) - 1996-08-30
FPSLREB Decisions - Labour RelationsAbandonment of position
Termination (non-disciplinary)
Mr. Kwan offered very little explanation as to the reason why he would not work there. [...] In the circumstances, I see no reason to rescind the termination of his employment. [...] For all these reasons, the grievance presented by Mr. Kwan is hereby dismissed.
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3,324.
United Food and Commercial Workers' International Union, Local 175 and Staff of the Non-Public Funds - 1996-08-28
FPSLREB Decisions - Labour RelationsBargaining agent
Bargaining unit
Unfair labour practice
According to Ms. Gaudreau, it was for this reason that the memorandum of agreement specifically identified the Junior Ranks' Mess as one of the outlets covered by the collective agreement. [...] REASONS FOR DECISION The relevant provisions of the Act provide as follows: 8.(1) No person who is employed in a managerial or confidential capacity, whether or not the person is acting on behalf of the employer, shall participate in or interfere with the formation or administration of an employee organization or the [...] (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 employed, or proposed to be employed, in a managerial or confidential capacity.
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3,325.
Lazette and Treasury Board (Solicitor General Canada - Correctional Service) - 1996-08-26
FPSLREB Decisions - Labour RelationsFinancial penalty
Insubordination
Jurisdiction
Refusal to work
REASONS FOR DECISIONS It is clear from evidence that had the Employer followed its own policy this dispute would never have arisen.