3,377 result(s)
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201.
Duhamel v. Canadian Food Inspection Agency - 2022 FPSLREB 87 - 2022-10-14
FPSLREB Decisions - Labour RelationsCall-back pay
Collective agreement
Overtime pay
Standby pay
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] V. Reasons A. General principles of collective agreement interpretation [...] [114] For all of the above reasons, the Board makes the following order:
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202.
Gabon v. Deputy Head (Department of the Environment) - 2022 FPSLREB 86 - 2022-10-13
FPSLREB Decisions - Staffing Complaints[58] The test for a reasonable apprehension of bias is well established. [...] In this case, I find that the complainants failed to establish on a balance of probabilities that a reasonably informed bystander could reasonably perceive bias on the part of the respondent. [...] [72] For all of the above reasons, the Board makes the following order:
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203.
McDonald Corbin v. Treasury Board (Department of Employment and Social Development) - 2022 FPSLREB 85 - 2022-10-12
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION I. Individual grievance referred to adjudication [...] [36] Before setting out the parties’ arguments and my reasons for decision, it is worth quoting the content of Appendix B in its entirety: [...] [79] For all of the above reasons, the Board makes the following order:
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204.
Fauteux v. Deputy Head (Canadian Food Inspection Agency) - 2022 FPSLREB 84 - 2022-10-07
FPSLREB Decisions - Labour RelationsGrievance procedure
Jurisdiction
[4] For the following reasons, I find that the referral to adjudication was premature. [...] [37] The grievance process exists for a reason. With some exceptions, it should not be circumvented before referring a matter to adjudication. [...] [51] For all of the above reasons, the Board makes the following order:
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205.
Lessard-Gauvin v. Public Service Alliance of Canada - 2022 FPSLREB 83 - 2022-10-04
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Jurisdiction
Unfair labour practice
REASONS FOR DECISION FPSLREB TRANSLATION I. Complaint before the Board [...] V. Analysis and reasons [35] The unfair-labour-practice complaint refers to s. 190(1)(g) of the FPSLRA, which refers to s. 185. [...] [46] For all of the above reasons, the Board makes the following order:
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206.
N.L. v. Treasury Board (Department of National Defence) - 2022 FPSLREB 82 - 2022-10-03
FPSLREB Decisions - Labour RelationsExtension of time
Misconduct
Suspension
Termination (disciplinary)
REASONS FOR DECISION FPSLREB TRANSLATION I. The grievor’s motions [...] [7] For the following reasons, I allow the application and grant the request. [...] [76] For all of the above reasons, the Board makes the following order:
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207.
Massabki v. Deputy Head (Department of Foreign Affairs, Trade and Development) - 2022 FPSLREB 79 - 2022-09-26
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
V. Reasons [77] Section 77(1)(b) of the Act reads as follows: 77 (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may — in the manner and within the period provided by the Board’s regulations — make a complaint to [...] [115] For all of the above reasons, the Board makes the following order: [...] [116] For all the above reasons, the complaint is allowed. September 26, 2022.
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208.
Bossley v. Deputy Head (Correctional Service of Canada) - 2022 FPSLREB 78 - 2022-09-14
FPSLREB Decisions - Staffing Complaints[4] For the following reasons, the complaint is dismissed. II. Summary of the evidence [...] This coincides with the period referred to in E1 and provides a reasoned foundation for the experience qualification and the time period to which it refers. [...] [35] For all of the above reasons, the Board makes the following order:
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209.
Ghafari v. Deputy Head (Statistics Canada) - 2022 FPSLREB 77 - 2022-09-12
FPSLREB Decisions - Staffing ComplaintsIII. Reasons [59] For the reasons set out in this section, I have found that the complainant has not proven an abuse of authority in the appointment process. [...] [79] The test for bias is the reasonable perception of a “reasonably informed bystander” (see Denny, at para. 126). [...] [117] For all of the above reasons, the Board makes the following order:
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210.
Iammarrone v. Professional Institute of the Public Service of Canada - 2022 FPSLREB 76 - 2022-09-02
FPSLREB Decisions - Labour RelationsBurden of proof
Complaint
Duty of fair representation
Representation
REASONS FOR DECISION FPSLREB TRANSLATION I. Complaint before the Board [...] The complainant disagreed with that decision for reasons that I will return to later. [...] [61] For all of the above reasons, the Board makes the following order:
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211.
Kokozaki v. Canada Revenue Agency - 2022 FPSLREB 75 - 2022-08-31
FPSLREB Decisions - Labour RelationsGrievance procedure
Jurisdiction
Time limit
REASONS FOR DECISION I. Objections to the grievance referred to adjudication [...] [2] Section 95(2) of the Federal Public Sector Labour Relations Regulations (SOR/2005-79) establishes that an objection to timeliness may be raised with the Board only if the grievance was rejected for timeliness reasons at the first level of the grievance process at which the time limit was not met, as well as at all [...] [9] For all of the above reasons, the Board makes the following order:
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212.
Viner v. Deputy Head (Department of Health) - 2022 FPSLREB 74 - 2022-08-24
FPSLREB Decisions - Labour RelationsAbsenteeism
Breach of confidence
Conflict of interest
Indefinite suspension
Jurisdiction
Misuse of InternetE-Mail
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] He also testified that he used the fax machine for personal reasons not related to Health Canada. [...] [400] For all of the above reasons, the Board makes the following order:
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213.
Duval v. Treasury Board (Correctional Service of Canada) - 2022 FPSLREB 73 - 2022-08-18
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION FPSLREB TRANSLATION I. Individual grievance referred to adjudication [...] For these reasons, the CNESST will pay the compensation directly on 2019-07-25. [...] Bulletin 2018-01 provides a framework or objectivity to the notion of a reasonable time.
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214.
Celestino v. Deputy Head (Canada Border Services Agency) - 2022 FPSLREB 71 - 2022-08-17
FPSLREB Decisions - Labour RelationsInsubordination
Misconduct
Termination (disciplinary)
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] [44] The grievor suggested nothing that could reasonably be considered any kind of justification for her conduct, or even a mitigating circumstance. [...] [48] For all of the above reasons, the Board makes the following order:
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215.
Desalliers v. Deputy Head (Department of Citizenship and Immigration) - 2022 FPSLREB 70 - 2022-08-16
FPSLREB Decisions - Staffing ComplaintsAbuse of authority
REASONS FOR DECISION FPSLREB TRANSLATION I. Complaint before the Board [...] ... the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. [...] [179] For all of the above reasons, the Board makes the following order:
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216.
Choudhry v. Professional Institute of the Public Service of Canada - 2022 FPSLREB 68 - 2022-08-10
FPSLREB Decisions - Labour RelationsComplaint
Duty of fair representation
Time limit
(a) such an order is necessary in order to prevent a serious risk to an important interest, including a commercial interest, in the context of litigation because reasonably alternative measures will not prevent the risk; and [...] For that reason, if a confidentiality order is made, its breadth should be kept to a minimum, enough to preserve the interests of a party without preventing the public from understanding what is being decided. [...] [34] For all of the above reasons, the Board makes the following order:
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217.
Tohidy v. Public Service Alliance of Canada - 2022 FPSLREB 69 - 2022-08-10
FPSLREB Decisions - Labour RelationsTime limit
As mentioned several times before, the only exceptions are personal religious beliefs, and medical reasons supported by the doctor.” [...] The reasons were outlined in various communications and on their website. [...] [58] For all of the above reasons, the Board makes the following order:
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218.
Fortin v. Public Service Alliance of Canada - 2022 FPSLREB 67 - 2022-08-05
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION FPSLREB TRANSLATION I. Complaint before the Board [...] [3] For the following reasons, I find that the complaint should be dismissed. [...] [49] For all of the above reasons, the Board makes the following order:
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219.
Labrecque v. Treasury Board (Royal Canadian Mounted Police) - 2022 FPSLREB 66 - 2022-08-04
FPSLREB Decisions - Labour RelationsJob description
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] Accordingly, these reasons address only the 6 elements that remain in dispute. [...] [89] For all of the above reasons, the Board makes the following order:
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220.
Marcil v. Public Service Alliance of Canada - 2022 FPSLREB 65 - 2022-07-29
FPSLREB Decisions - Labour RelationsComplaint
Time limit
Unfair labour practice
REASONS FOR DECISION FPSLREB TRANSLATION Introduction [1] On December 13, 2021, Frédérick Marcil (“the complainant”) made an unfair-labour-practice complaint against the Public Service Alliance of Canada (“the respondent”) with the Federal Public Sector Labour Relations and Employment Board (“the Board”). [...] [4] For the following reasons, I find that despite being on sick leave, the complainant knew of the July 28, 2021, decision. [...] [25] For all of the above reasons, the Board makes the following order.
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221.
Public Service Alliance of Canada v. Statistics Survey Operations - 2022 FPSLREB 64 - 2022-07-29
FPSLREB Decisions - Labour RelationsREASONS FOR DECISION WHEREAS the complainant the Public Service Alliance of Canada (“the Complainant”) on June 16, 2017, filed an unfair labour practice complaint against the Statistical Survey Operations (“the respondent”) alleging a violation of section 5 and paragraph 186(1)(a) of the Federal Public Sector Labour [...] 9.01 Reasonable space on bulletin boards, in convenient locations, including electronic bulletin boards where available, will be made available to the Alliance for the posting of official Alliance notices. [...] The Alliance shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives.
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222.
Abdi v. Public Service Alliance of Canada - 2022 FPSLREB 62 - 2022-07-28
FPSLREB Decisions - Labour RelationsDuty of fair representation
Rejection on probation
[3] The respondent submitted that it discharged the duty of fair representation, and it explained the reasons for not referring the complainant’s grievance to adjudication or providing funding for a court action. [...] However, the respondent did provide its reasoning in its submission to the Board. [...] [41] For all of the above reasons, the Board makes the following order:
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223.
Beaudoin v. Treasury Board (Department of Industry) - 2022 FPSLREB 63 - 2022-07-28
FPSLREB Decisions - Labour RelationsCollective agreement
Management rights
Rest period
REASONS FOR DECISION I. Individual grievances referred to adjudication [...] [5] For the reasons that follow, the grievors have a right to paid rest periods. [...] [115] For all of the above reasons, the Board makes the following order:
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224.
Hamel v. Parks Canada Agency - 2022 FPSLREB 61 - 2022-07-28
FPSLREB Decisions - Labour RelationsDisguised disciplinary action
Job performance
Jurisdiction
Rejection on probation
Remedy
REASONS FOR DECISION I. Individual grievance referred to adjudication [...] For the reasons that follow, I find that the grievor’s employment was terminated for reasons that were in bad faith and that it was disguised discipline. [...] [227] For all of the above reasons, the Board makes the following order:
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225.
Doumbia v. Deputy Head (Department of Employment and Social Development) - 2022 FPSLREB 60 - 2022-07-25
FPSLREB Decisions - Staffing ComplaintsBurden of proof
REASONS FOR DECISION FPSLREB TRANSLATION I. Complaints before the Board [...] IV. Analysis and reasons [31] The complaint refers to s. 77(1) of the PSEA, which reads as follows: [...] [49] For all of the above reasons, the Board makes the following order: