3,378 result(s)
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1,176.
Horne v. Parks Canada Agency - 2014 PSLRB 30 - 2014-03-13
FPSLREB Decisions - Labour RelationsBreach of trust
Credibility
Fraud
Termination (disciplinary)
Theft
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] All three elements of the reasons for dismissal have been established. [...] 210 For all of the above reasons, I make the following order: IV. Order
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1,177.
Stamp v. Commissioner of the Correctional Service of Canada - 2014 PSST 4 - 2014-03-13
FPSLREB Decisions - Staffing ComplaintsIf the process is flawed, the outcome cannot be considered reasonable or fair. [...] 47For all these reasons, the complaint is dismissed. Eugene Williams [...] Date of Reasons: March 13, 2014 APPEARANCES: For the complainant:
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1,178.
Alibay v. Deputy Head (Department of Employment and Social Development - 2014 PSLRB 29 - 2014-03-10
FPSLREB Decisions - Labour RelationsGrievance procedure
Jurisdiction
Memorandum of settlement
Procedure
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] (i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct …. [...] 35 For all of the above reasons, I make the following order: IV. Order
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1,179.
Basra v. Deputy Head (Correctional Service of Canada - 2014 PSLRB 28 - 2014-03-10
FPSLREB Decisions - Labour RelationsAdmissible evidence
Aggressive behaviour
Correctional officer
Crime
Indefinite suspension
Jurisdiction
Misconduct
Mootness
Off-duty conduct
Procedure
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] 123 There are several reasons for preventing the relitigation of issues. [...] 165 For all of the above reasons, I make the following order: VI. Order
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1,180.
Public Service Alliance of Canada v. Treasury Board (Department of Employment and Social Development) - 2014 PSLRB 27 - 2014-03-10
FPSLREB Decisions - Labour RelationsAdmissible evidence
Policy grievance
Workforce adjustment
She stated that the employer did not announce a WFA situation that October for two reasons. [...] If a reasonable offer were made, they would have had to accept it, as the policy requires the employer to make only one reasonable offer. [...] 79 For all of the above reasons, I make the following order: VI. Order
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1,181.
Baun v. Statistics Survey Operations - 2014 PSLRB 26 - 2014-03-07
FPSLREB Decisions - Labour RelationsAggressive behaviour
Burden of proof
Credibility
Employee attitude
Jurisdiction
Medical examination
Termination (non-disciplinary)
REASONS FOR DECISION I.Individual grievance referred to adjudication [...] 11 There are many reasons for differences in the way people describe past events. [...] 216 For all of the above reasons, I make the following order: V. Order
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1,182.
Reid-Moncrieffe v. Deputy Head (Department of Citizenship and Immigration) - 2014 PSLRB 25 - 2014-03-07
FPSLREB Decisions - Labour RelationsBreach of trust
Burden of proof
Discrimination
Employee file
Insubordination
Termination (disciplinary)
Theft
If she is not available, you must then make every reasonable effort to contact the Manager at 905[-XXX-XXXX]. [...] If you are required to make a personal call for urgent reasons, please let your supervisor know. [...] 66 For all the above reasons, I make the following order: Order 67 The grievances are dismissed.
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1,183.
Bizimana v. Deputy Minister of Public Works and Government Services - 2014 PSST 3 - 2014-03-05
FPSLREB Decisions - Staffing Complaints58Ms. Tait gave similar reasons for why the complainant’s answer to this question had not been sufficient. [...] 104For all these reasons, the complaint is dismissed. Lyette Babin-MacKay [...] Date of Reasons: March 5, 2014 APPEARANCES: For the complainant:
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1,184.
Smid v. Deputy Head (Courts Administration Service) - 2014 PSLRB 24 - 2014-02-28
FPSLREB Decisions - Labour RelationsAbandonment of grievance
Failure to appear
REASONS FOR DECISION Individual grievance referred to adjudication [...] It is the obligation of the grievor to act reasonably to ensure she is informed of the progress of the grievance she has commenced. [...] 27 For all of the above reasons, I make the following order: Order
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1,185.
Bafaro v. Treasury Board (Department of National Defence) - 2014 PSLRB 23 - 2014-02-27
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION (PSLRB Translation) I. Individual grievances referred to adjudication [...] C. Reasons - Allegation No. 9 [298] The evidence could not be clearer on this request of the grievors. [...] [335] For all of the above reasons, the Board makes the following order:
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1,186.
Besner v. Deputy Minister of Human Resources and Skills Development - 2014 PSST 2 - 2014-02-26
FPSLREB Decisions - Staffing ComplaintsThe assessment board gave her a score of 4.5 out of 10 in part for these reasons. [...] She missed one for the valid reason that she was on training and the second ostensibly for reasons related to her disabilities. [...] Date of Reasons: February 26, 2014 APPEARANCES: For the complainant:
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1,187.
Lahnalampi et al. v. Treasury Board (Department of Employment and Social Development) - 2014 PSLRB 22 - 2014-02-22
FPSLREB Decisions - Labour RelationsJurisdiction
Management rights
Overtime assignment
In particular, it was not legitimate or reasonable for the offering of overtime opportunities to be made dependent on cost considerations. [...] There was no valid reason English-language calls during the first phase of the pilot project could not have been directed to the Toronto Call Centre, as happened on and after March 31. [...] 37 For all of the above reasons, I make the following order: Order
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1,188.
Cavanagh v. Canada Revenue Agency - 2014 PSLRB 21 - 2014-02-21
FPSLREB Decisions - Labour RelationsBargaining agent
Collective agreement
Grievance procedure
Jurisdiction
Representation
Standing
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] III. Reasons 18 On October 30, 2006, the grievor filed a grievance, alleging a breach of a provision of his collective agreement. [...] 28 For all of the above reasons, I make the following order: IV. Order
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1,189.
International Brotherhood of Electrical Workers, Local 2228 v. Treasury Board - 2014 PSLRB 20 - 2014-02-21
FPSLREB Decisions - Labour RelationsBargaining agent
Complaint
Representation
Unfair labour practice
REASONS FOR DECISION Complaint before the Board 1 On May 30, 2013, the International Brotherhood of Electrical Workers, Local 2228 (“the complainant” or IBEW), filed a complaint against the Treasury Board (“the respondent”) under paragraph 190(1)(g) of the Public Service Labour Relations Act (PSLRA). [...] Those decisions reviewed the privacy and other issues raised by an individual employee in the bargaining unit about the terms of settlement and concluded that the order issued by the Board was reasonable. [...] The message will explain the reasons why the information is being disclosed.
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1,190.
Johnston v. President of the Canada Border Services Agency - 2014 PSST 1 - 2014-02-21
FPSLREB Decisions - Staffing ComplaintsFor the latter, a reasonable apprehension of bias will invalidate a decision. [...] 87In this case, the Tribunal finds that a reasonably informed bystander would not reasonably perceive bias on the part of Ms. Lussier. [...] 99For all these reasons, the complaint is dismissed. Merri Beattie
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1,191.
Apenteng v. Treasury Board (Canada Border Services Agency) - 2014 PSLRB 19 - 2014-02-20
FPSLREB Decisions - Labour RelationsExtension of time
Grievance procedure
Time limit
• clear, cogent and compelling reasons for the delay; • the length of the delay; [...] • clear, cogent and compelling reasons for the delay; • the length of the delay; [...] 105 For all of the above reasons, I make the following order: V. Order
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1,192.
Professional Institute of the Public Service of Canada v. Treasury Board (Department of Human Resources and Skills Development) - 2014 PSLRB 18 - 2014-02-20
FPSLREB Decisions - Labour RelationsBurden of proof
Contracting out
Job security
Management rights
Policy grievance
Workforce adjustment
On April 13, 2013, Mr. Kohli received an opting letter but has been refused a guarantee of a reasonable job offer (GRJO). [...] 55 In the collective agreement, the WFAP provides this definition of a guarantee of a reasonable job offer: [...] 60 For all of the above reasons, I make the following order: V. Order
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1,193.
Bouchard v. Lahaie et al. - 2014 PSLRB 17 - 2014-02-18
FPSLREB Decisions - Labour RelationsBurden of proof
Decision review
The Board must ensure that a compelling reason exists to proceed with a reconsideration. [...] As I stated earlier, the purpose of reconsideration is to enable a party to present new evidence or arguments that could not reasonably have been presented at the original hearing, or is valid when there is a compelling reason for the reconsideration. [...] 19 For all of the above reasons, the Board makes the following order:
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1,194.
Maillet v. Treasury Board (Department of Employment and Social Development) - 2014 PSLRB 16 - 2014-02-10
FPSLREB Decisions - Labour RelationsBurden of proof
Job description
REASONS FOR DECISION I. Introduction 1 This is a job description or statement of duties grievance. [...] 68 I come to this conclusion for a number of reasons. 69 I will deal first with the key activities (listed in Exhibit U3) that the grievor stated are missing from the CSS job description. [...] 74 For all of the above reasons, I make the following order: IX. Order
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1,195.
Ollenberger et al. v. Marshall - 2014 PSLRB 14 - 2014-02-07
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Unfair labour practice
It cannot be demonstrated that Ms. Myles carried out a reasoned review. [...] They stated that work descriptions were important, for reasons other than classification. [...] 134 For all of the above reasons, the Board makes the following order:
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1,196.
Purtell v. Deputy Head (Correctional Service of Canada) - 2014 PSLRB 15 - 2014-02-07
FPSLREB Decisions - Labour RelationsCorrectional officer
Dress code
Jurisdiction
Managerial discretion
Occupational health and safety
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] In Lindsay, the adjudicator explained the reasoning at paragraph 77 as follows: [...] 65 For all of the above reasons, I make the following order: V. Order
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1,197.
Treasury Board v. Federal Government Dockyard Trades and Labour Council East - 2014 PSLRB 13 - 2014-02-05
FPSLREB Decisions - Labour RelationsArbitral award
Extension of time
Time limit
49 The applicant must be expected to exercise reasonable due diligence. [...] 76 While I accept and agree with the reasoning as set out at paragraph 5 of Treasury Board v. PIPSC, I do not believe that the Board is restricted by this reasoning, given the change in wording of the legislation. [...] 82 For all of the above reasons, the Board makes the following order:
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1,198.
Unifor v. Communications, Energy and Paperworkers Union of Canada and House of Commons - 2014 PSLRB 12 - 2014-02-05
FPSLREB Decisions - Labour RelationsBargaining agent
Certification
Employee organization
Successor rights
Union merger
REASONS FOR DECISION Application before the Board 1 On December 17, 2013, counsel for the Communications, Energy and Paperworkers Union of Canada (CEP) and Unifor applied to the Public Service Labour Relations Board ("the Board") for a review of an order pursuant to sections 17 and 36 of the Parliamentary Employment and [...] Reasons 35 On the basis of the file before me, the Board recognizes thatthe CEP and CAW-Canada have merged from Unifor and that Unifor is now the successor organization and has acquired all the rights, privileges and duties of the former CEP, including all the rights, privileges and duties set out in the Act, its [...] 39 For all of the above reasons, the Board makes the following order:
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1,199.
Public Service Alliance of Canada v. Treasury Board (Department of Employment and Social Development) - 2014 PSLRB 11 - 2014-02-04
FPSLREB Decisions - Labour RelationsOvertime assignment
Remedy
14 Referred to question 5 on Exhibit G-3, Mr. Applin expressed the view that the reason the employer offered overtime was that a backlog existed. [...] IV. Reasons 46 The grievances allege that the employer failed to offer overtime equitably, pursuant to clause 28.04(a) of the collective agreement, which reads as follows: [...] For all of the above reasons, I make the following order: V. Order 59 The grievances are allowed and I declare that the employer violated clause 28.04(a) of the collective agreement.
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1,200.
Unifor Local 588-G v. Communications, Energy and Paperworkers Union of Canada and Treasury Board - 2014 PSLRB 10 - 2014-01-30
FPSLREB Decisions - Labour RelationsBargaining agent
Certification
Employee organization
Successor rights
Union merger
REASONS FOR DECISION Application before the Board 1 On December 17, 2013, counsel for the Communications, Energy and Paperworkers Union of Canada Local 588-G (“CEP Local 588-G”) and Unifor Local 588-G applied to the Public Service Labour Relations Board ("the Board") for a review of an order pursuant to sections 43 and 79 [...] 2 In its application, counsel for the applicant requested that the Board review and amend its certificate, declare that Unifor Local 588-G is the successor of CEP Local 588-G by reason of a merger, and declare that Unifor Local 588-G has acquired all of the rights, privileges and duties of CEP Local 588-G, including all [...] 39 For all of the above reasons, the Board makes the following order: