3,377 result(s)
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451.
National Police Federation v. Treasury Board (Royal Canadian Mounted Police) - 2020 FPSLREB 102 - 2020-11-19
FPSLREB Decisions - Labour RelationsIV. Reasons A. The preliminary question [67] I will start by reviewing the preliminary question in relation to the relevant provisions of the Act. [...] In accordance with the reasons outlined earlier in this decision, I find that it does not. [...] [140] For all of the above reasons, the Board makes the following order:
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452.
Dansou v. Canada Revenue Agency - 2020 FPSLREB 100 - 2020-11-10
FPSLREB Decisions - Labour RelationsEstoppel
Jurisdiction
Time limit
REASONS FOR DECISION FPSLREB TRANSLATION I. Individual grievance referred to adjudication [...] D. The reasonable nature of the overpayment [43] While the grievor did not dispute the legality of reimbursing the overpayment under s. 155(3) of the FAA, she did dispute its reasonable nature. [...] [47] For all of the above reasons, the Board makes the following order:
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453.
Public Service Alliance of Canada v. Treasury Board (Correctional Service of Canada) - 2020 FPSLREB 99 - 2020-11-09
FPSLREB Decisions - Labour RelationsJob description
Jurisdiction
Management rights
Managerial discretion
Policy grievance
Premium pay
Reclassification
[7] For the reasons that follow, I find that this is a proper policy grievance, and it is allowed. [...] There is no reason it cannot be the subject of a policy grievance. 2. On the merits [...] [159] For all the above reasons, the Board makes the following order:
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454.
Ewaniuk v. Treasury Board (Department of Citizenship and Immigration) - 2020 FPSLREB 96 - 2020-11-05
FPSLREB Decisions - Labour RelationsCollective agreement
Leave without pay
Union representative
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] Article 52 sets out leave with or without pay for other reasons and directs that: [...] [56] For all of the above reasons, the Board makes the following order:
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455.
Qasim v. Canadian Food Inspection Agency - 2020 FPSLREB 95 - 2020-11-04
FPSLREB Decisions - Labour RelationsExtension of time
Time limit
... ∙ clear, cogent and compelling reasons for the delay; ∙ the length of the delay; [...] [34] It submitted that the bargaining agent failed to show clear, cogent, and compelling reasons for the delay. [...] [52] For all of the above reasons, the Board makes the following order:
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456.
Grekou v. Treasury Board (Department of National Defence) - 2020 FPSLREB 94 - 2020-11-02
FPSLREB Decisions - Labour RelationsExtension of time
REASONS FOR DECISION FPSLREB TRANSLATION I. Application before the Board [...] • · clear, cogent, and compelling reasons for the delay; • · the length of the delay; [...] [32] For all of the above reasons, the Board makes the following order:
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457.
Turcotte v. Treasury Board (Department of Employment and Social Development) - 2020 FPSLREB 93 - 2020-10-23
FPSLREB Decisions - Labour RelationsCollective agreement
Operational requirements
Overtime
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] For a variety of related reasons, the IQF teams found themselves facing a considerable backlog of work. [...] [62] For all of the above reasons, the Board makes the following order:
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458.
Abi-Mansour v. Deputy Minister of the Department of Fisheries and Oceans - 2020 FPSLREB 91 - 2020-10-13
FPSLREB Decisions - Staffing ComplaintsEvidence
Staffing action
... • ... the evidence could not have been obtained with reasonable diligence for use at the [hearing]; [...] He had the ATIP package since 2016 and had no reasonable explanation for failing to produce it at the hearing. [...] [17] For all of the above reasons, the Board makes the following order:
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459.
United Food and Commercial Workers (UFCW) Canada Local 832 v. Staff of the Non-Public Funds, Canadian Forces - 2020 FPSLREB 92 - 2020-10-13
FPSLREB DecisionsBargaining agent
Certification
Decision review
REASONS FOR DECISION I. Request before the Board [1] On June 18, 2020, United Food and Commercial Workers (UFCW) Canada Local 832 (Manitoba Food and Commercial Workers, Local 832 chartered by the United Food and Commercial Workers International Union (AFL-CIO/CLC)) (“the applicant”), applied to the Federal Public Sector [...] III. Reasons [6] The applicant requests that on consent, the Board amend the current certificate by changing the applicant’s name as the bargaining agent for the employees in the Operational category employed by the employer in Shilo. [...] [10] For all of the above reasons, the Board makes the following order:
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460.
Herbert v. Deputy Head (Parole Board of Canada) - 2020 FPSLREB 89 - 2020-09-25
FPSLREB DecisionsProcedure
(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose. [...] [18] For that reason, I conclude that s. 234(1)(b) applies and that filing the August 6, 2020, letter would serve no reasonable purpose. [...] [19] For all of the above reasons, the Board makes the following order:
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461.
Weston v. Treasury Board (Immigration and Refugee Board) - 2020 FPSLREB 88 - 2020-09-22
FPSLREB Decisions - Labour RelationsEstoppel
Grievance procedure
Workforce adjustment
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] I have no reason not to believe her. C. Was Ms. Weston’s decision detrimental to her? [...] [65] For all of the above reasons, the Board makes the following order:
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462.
LeFebvre v. Treasury Board (Correctional Service of Canada) - 2020 FPSLREB 87 - 2020-09-10
FPSLREB DecisionsGrievance procedure
Procedure
Time limit
REASONS FOR DECISION FPSLREB TRANSLATION I. Issue before the Board [...] It is not clear if the employer dismissed the grievance in file 566-02-41224 for the same reason. [...] [43] For all of the above reasons, the Board makes the following order:
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463.
Professional Institute of the Public Service of Canada v. Treasury Board - 590-02-41251 - 2020-09-10
FPSLREB DecisionsIn the Institute’s view, there was no valid reason why CS employees should be paid less for the same work as CRA employees. [...] Whatever the reasons, IT employees working in the CRA are being paid more than CS employees performing the same work in the core federal public service. [...] There was good reason for this, according to the Employer. It viewed performance management as a critical managerial function that unfolded through multiple interactions.
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464.
Valderrama v. Deputy Head (Department of Foreign Affairs, Trade and Development) - 2020 FPSLREB 86 - 2020-09-01
FPSLREB Decisions - Labour Relations[8] I have determined that the email correspondence that led to the final MOA is not relevant or necessary for determining whether the respondent is complying with the MOA. I have determined that there is no latent ambiguity in the MOA (for the reasons set out in the “Reasons” section of this decision). [...] V. Reasons [33] For the reasons set out in this section, I decline to issue an order of non-compliance with the MOA. [...] [48] For all of the above reasons, the Board makes the following order:
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465.
Kruse v. Treasury Board (Canada Border Services Agency) - 2020 FPSLREB 85 - 2020-08-31
FPSLREB Decisions - Labour RelationsCollective agreement
Jurisdiction
[26] Good reasons support this prohibition in s. 209(2). In a unionized setting, the bargaining agent is responsible for the interpretation and application of a collective agreement to employees in the bargaining unit. [...] Reason alone to advance all grievances so as to enable the Board to do it’s work. [...] [38] For all of the above reasons, the Board makes the following order:
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466.
Wurdell v. Public Service Alliance of Canada - 2020 FPSLREB 84 - 2020-08-27
FPSLREB Decisions - Labour Relations[194] It is implausible that not contacting Ms. Heaman and other potential witnesses would have allowed the Alliance to reasonably conclude that it could not refute the employer’s allegations or raise a reasonable defence. [...] V. Reasons A. Request to seal documents [233] The parties requested that the MOA be sealed. [...] [331] For all of the above reasons, the Board makes the following order:
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467.
Kashala Tshishimbi v. Social Sciences and Humanities Research Council - 2020 FPSLREB 83 - 2020-08-24
FPSLREB Decisions - Labour RelationsDemotion
Jurisdiction
However, he was unable to explain the reasons for his choice, which she considered a red flag. [...] [239] In this case, the employer demoted the grievor for the following reason: [...] [347] For all of the above reasons, the Board makes the following order:
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468.
Public Service Alliance of Canada and the Canadian Food Inspection Agency - 40838 - 2020-08-11
FPSLREB Decisions - Labour RelationsThe right question for the purposes of this Commission, it seems to us, is whether on all of the normal factors the compensation level of the Meat Inspectors bears a reasonable relationship to that of the Veterinarians with whom they work, and that is a matter that the parties will need to address in the fullness of time. [...] An employee who does not have electronic access to the leave system is entitled, once in each fiscal year or as may be reasonably required, to be informed upon request, of the balance of his or her vacation and sick leave credits. [...] Article 54 – Leave with or without pay for Other Reasons 23. The employer, first off, seeks to add the words “in exceptional circumstances” to Article 54.01(b).
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469.
Tremblay v. Treasury Board (Department of Public Works and Government Services) - 2020 FPSLREB 82 - 2020-08-10
FPSLREB Decisions - Labour RelationsExtension of time
For the reasons that follow, I grant the application for an extension of time. [...] • clear, cogent, and compelling reasons for the delay; • the length of the delay; [...] [46] For all of the above reasons, the Board makes the following order:
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470.
Public Service Alliance of Canada v. Non-Public Funds, Montreal and St-Jean Region - 2020-08-05
FPSLREB Decisions - Labour Relationsd) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and [...] According to the union, there is no reason to treat employees in lower-paid categories differently or to deny them the parity with the public service, which is available to managers.
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471.
Public Service Alliance of Canada v. Staff of the Non-Public Funds, Canadian Forces Base Bagotville - 2020-08-05
FPSLREB Decisions - Labour Relationsd) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and [...] According to the union, there is no reason to treat employees in lower-paid categories differently or to deny them the parity with the public service, which is available to managers.
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472.
Doucet v. Treasury Board (Canada Border Services Agency) - 2020 FPSLREB 81 - 2020-08-04
FPSLREB DecisionsCollective agreement
The representation is taken to have that meaning which reasonably was taken by the party who raises the estoppel. [...] Determining reasonableness requires labour arbitrators to apply their labour relations expertise, consider all of the surrounding circumstances, and determine whether the employer’s policy strikes a reasonable balance. [...] [68] For all of the above reasons, the Board makes the following order:
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473.
Olynik v. Canada Revenue Agency - 2020 FPSLREB 80 - 2020-08-04
FPSLREB Decisions - Labour Relations[3] For the reasons set out below, I deny the request to anonymize the grievor’s name. [...] There is no reasonable alternative that exists to protect this interest other than the Grievor forgoing litigation. [...] [48] For all of the above reasons, the Board makes the following order:
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474.
Ristivojevic v. Canada Revenue Agency - 2020 FPSLREB 79 - 2020-08-04
FPSLREB Decisions - Labour RelationsCredibility
Discrimination
Duty to accommodate
Harassment
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] I assume the stock was locked up for a reason. What’s changed?i [sic] [...] She set out the reasons for the FTWE request. She also testified that she explained those reasons to the grievor.
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475.
Nordrum v. Library of Parliament - 2020 FPSLREB 78 - 2020-07-27
FPSLREB Decisions - Labour RelationsMaternity allowance
Parental allowance
Termination (non-disciplinary)
The evidence further disclosed that for one reason or another in each process, she was found not qualified. [...] V. Reasons [105] This grievance involves an unusual situation, albeit one in which most of the facts are largely not in dispute. [...] [139] For all of the above reasons, I make the following order: (The Order appears on the next page)