3,377 result(s)
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26.
Fraser v. Public Service Alliance of Canada - 2024 FPSLREB 28 - 2024-03-01
FPSLREB Decisions - Labour RelationsDuty of fair representation
Time limit
[5] For the reasons that follow, the complaints are dismissed. II. Context [...] [42] Nothing in the respondent’s behaviour was arbitrary, discriminatory, or in bad faith for the simple reason that it cannot act if it is not made aware that it must act. [...] [44] For all of the above reasons, the Board makes the following order:
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27.
Lefebvre v. Professional Institute of the Public Service of Canada - 2024 FPSLREB 26 - 2024-02-28
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION FPSLREB TRANSLATION I. Complaint before the Board [...] For the reasons that follow, I find that the complainant did not establish an arguable case. [...] For that reason, the motion for summary dismissal is allowed. [36] For all of the above reasons, the Board makes the following order:
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28.
Ouimet v. Deputy Head (Department of National Defence) - 2024 FPSLREB 27 - 2024-02-28
FPSLREB Decisions - Staffing ComplaintsJurisdiction
REASONS FOR DECISION FPSLREB TRANSLATION I. Application before the Board [...] For the reasoning in Lebreux to apply, the withdrawal must be legally valid. [...] [52] For all of the above reasons, the Board makes the following order:
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29.
Bastasic v. Canada Revenue Agency - 2024 FPSLREB 24 - 2024-02-26
FPSLREB Decisions - Labour RelationsAdditionally, she has not provided a reasonable plan to move this grievance forward. [...] B. The grievor has not presented a reasonable path forward for the grievance [...] [85] For all of the above reasons, the Board makes the following order:
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30.
Hogg v. Treasury Board (Department of Public Works and Government Services) - 2024 FPSLREB 25 - 2024-02-26
FPSLREB Decisions - Labour RelationsCollective agreement
Jurisdiction
Management rights
(The adjudicator then found for other reasons that the grievance in that case was not adjudicable. [...] [64] For all those reasons, the bargaining agent respectfully requested that the employer’s preliminary objection be dismissed. [...] [101] For all of the above reasons, the Board makes the following order:
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31.
Gulia v. Chief Administrator of the Courts Administration Service - 2024 FPSLREB 23 - 2024-02-16
FPSLREB Decisions - Staffing Complaints[6] For the following reasons, the complaint is dismissed. II. Summary of the evidence [...] Under their policy, all these are legitimate reasons for using a non-advertised process, the respondent argued. [...] [57] For all of the above reasons, the Board makes the following order:
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32.
C.D. v. Canadian Security Intelligence Service - 2024 FPSLREB 22 - 2024-02-15
FPSLREB Decisions - Labour RelationsDemotion
Disguised disciplinary action
Jurisdiction
Remedy
[3] The employer cited the grievor’s performance as a reason for his demotion. [...] [34] For the reasons set out earlier, I dismiss the employer’s objection. [...] I will return to this request later in my reasons. VI. Reasons [143] The Board derives its jurisdiction solely from the Act. It has no inherent jurisdiction.
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33.
Remillard v. Treasury Board (Department of Foreign Affairs, Trade and Development) - 2024 FPSLREB 21 - 2024-02-15
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievances referred to adjudication [...] Given that, there is no reason to delay even further Michele’s return to work. [...] [326] For all of the above reasons, the Board makes the following order:
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34.
Bergeron-Quirion v. Deputy Head (Department of Agriculture and Agri-Food) - 2024 FPSLREB 19 - 2024-02-14
FPSLREB Decisions - Staffing ComplaintsActing Appointment
Application of Merit
Bias / Reasonable Apprehension of Bias
REASONS FOR DECISION FPSLREB TRANSLATION I. Request before the Board [...] [10] For the reasons set out later in this decision, the complaint is allowed. [...] [111] For all of the above reasons, the Board makes the following order:
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35.
Brooke v. Professional Institute of the Public Service of Canada - 2024 FPSLREB 20 - 2024-02-14
FPSLREB Decisions - Labour RelationsThe duty of fair representation has limits, as explained in the reasons that follow. [...] For this reason, the Questions of Fact document will not be discussed in this analysis. [...] [113] For all of the above reasons, the Board makes the following order:
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36.
Idahosa v. Treasury Board (Correctional Service of Canada) - 2024 FPSLREB 17 - 2024-02-13
FPSLREB Decisions - Labour RelationsUnfair labour practice
For this reason, s. 186(2)(a)(ii) covers participating in someone else’s proceeding, not filing one’s own proceeding. [...] She was denied overtime before she filed a grievance; she continued to be denied overtime after she filed a grievance for the same reasons as before. [...] [78] For all of the above reasons, the Board makes the following order:
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37.
Walker v. Deputy Head (Department of the Environment) - 2024 FPSLREB 18 - 2024-02-13
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievance referred to adjudication [...] There is no reason to assume that this is the case and, accordingly, credibility assessment is not a valid reason for in-person continuation dates. [...] [399] The harassment investigator focused only on the first reason in her analysis, even though the grievor had raised the second reason with her.
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38.
Farquharson v. Deputy Head (Department of Justice) - 2024 FPSLREB 16 - 2024-02-09
FPSLREB Decisions - Staffing Complaints[5] The complaint is dismissed for the reasons that follow. II. Summary of the relevant evidence [...] Ms. Lyon said that the complainant was upset about something and that for that reason, they allowed her to stay in her preferred seating arrangement. [...] 71 The Tribunal finds that for all these reasons, those responsible for assessment in an appointment process have a duty to carry out an assessment that is unbiased and that does not generate a reasonable apprehension of bias.
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39.
Higuera v. Treasury Board (Correctional Service of Canada) - 2024 FPSLREB 15 - 2024-02-07
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievances referred to adjudication [...] For those reasons, she pursued contact with the office of the CSC’s commissioner. [...] [172] For all of the above reasons, the Board makes the following order:
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40.
Burns v. Treasury Board (Department of Fisheries and Oceans) - 2024 FPSLREB 14 - 2024-01-31
FPSLREB Decisions - Labour RelationsCollective agreement
Discretionary leave
Sick leave
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] 1) Did the grievor request “Leave for other reasons” under clause 20.12(a), and, if so, when? [...] [78] For all of the above reasons, the Board makes the following order:
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41.
Treasury Board v. Public Service Alliance of Canada - 2024 FPSLREB 13 - 2024-01-30
FPSLREB Decisions - Labour RelationsConflict of interest
Evidence
Excluded position
Occupational health and safety
I stated that I would provide detailed reasons for that decision; these are those reasons. [...] [29] Reasons serve two purposes. First, reasons explain the result to other people — the parties, the legal and labour relations professionals, and the public. [...] Even though my decision was issued before the reasons were provided to the parties, the process of drafting reasons sharpened my thinking.
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42.
Sahadeo v. Deputy Head (Canada Border Services Agency) - 2024 FPSLREB 12 - 2024-01-25
FPSLREB Decisions - Labour RelationsBorder services officer
Continuing grievance
Discrimination
Disguised disciplinary action
Management rights
Reinstatement
Remedy
Termination (non-disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] Mr. Zimmer testified that there was no good reason for including it in the TPQ. [...] [488] For all of the above reasons, the Board makes the following order:
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43.
Sganos v. Treasury Board - 2024 FPSLREB 11 - 2024-01-24
FPSLREB Decisions - Labour RelationsLabour arbitrators must use their discretion to make production orders that are balanced, practical, and reasonable. [...] VII. Reasons [32] Section 20(f) of the Federal Public Sector Labour Relations and Employment Board Act (S.C. 2013, c. 40, s. 365) provides that: [...] [61] For all of the above reasons, the Board makes the following order:
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44.
Treasury Board v. Public Service Alliance of Canada - 2024 FPSLREB 10 - 2024-01-24
FPSLREB Decisions - Labour RelationsConflict of interest
Excluded position
IV. Reasons for decision [74] Section 59(1)(g) of the Act reads as follows: [...] [40] The following paragraphs detail the Board’s reasoning behind the exclusion: [...] [162] For all of the above reasons, the Board makes the following order:
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45.
Cherid v. Deputy Head (Department of Employment and Social Development) - 2024 FPSLREB 8 - 2024-01-18
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Overview [1] The respondent has objected to this grievance on the basis that it was filed late. [...] · whether there are clear, cogent, and compelling reasons for the delay; [...] [32] For all of the above reasons, the Board makes the following order:
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46.
Matos v. Treasury Board (Canada Border Services Agency) - 2024 FPSLREB 7 - 2024-01-12
FPSLREB Decisions - Labour RelationsProcedure
He provided detailed reasons in support of this request on August 21, 2023. [...] [4] For the reasons provided later in this decision, the request to anonymize the Board’s decision in 2023 FPSLREB 77 is rejected. [...] [35] For all of the above reasons, the Board makes the following order:
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47.
Messer v. Public Service Alliance of Canada - 2024 FPSLREB 6 - 2024-01-12
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Overview [1] The complainant filed a duty-of-fair-representation complaint against the Public Service Alliance of Canada (PSAC) because of PSAC’s public statement on October 14, 2023 about the violence in Palestine and Israel. [...] [22] For all of the above reasons, the Board makes the following order:
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48.
Osborne v. Treasury Board (Department of Fisheries and Oceans) - 2024 FPSLREB 5 - 2024-01-12
FPSLREB Decisions - Labour Relations[41] For these reasons, I have concluded that the grievance is untimely. [...] · whether there are clear, cogent, and compelling reasons for the delay; [...] [85] For all of the above reasons, the Board makes the following order:
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49.
Singh v. Deputy Head (Department of Employment and Social Development) - 2024 FPSLREB 4 - 2024-01-10
FPSLREB Decisions - Labour RelationsFinancial penalty
Jurisdiction
Time limit
... [64] I have some hesitation about accepting these paragraphs in their entirety for two reasons. [...] Nevertheless, I have concluded that they are not the same thing, for two reasons. [...] [87] For all of the above reasons, the Board makes the following order:
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50.
Lysak v. Commissioner of the Royal Canadian Mounted Police - 2024 FPSLREB 3 - 2024-01-09
FPSLREB Decisions - Staffing ComplaintsArea of Recourse
Area of selection
Jurisdiction
Priority status
[12] For the reasons that follow, the respondent’s motion is allowed, and the complaints are dismissed. [...] The complainant’s representative did not provide me with a clear, cogent and compelling reason as to why the hearing should be postponed. [...] [99] For all of the above reasons, the Board makes the following order: