Archived - Decision: 04-032 Canada Labour Code Part II Occupational Health and Safety

This case was decided by appeals officer Richard Lafrance.

For the applicants
Corinne Blanchette, Union Advisor, CSN

For the employer
Richard E. Fader, Treasury Board, Legal Services

Health and Safety Officer
Melinda Lum, Labour Program, Human Resources and Skills Development Canada, Vancouver [No. BC9420]

[1]  This case concerns an appeal made under subsection 146(1) of the Canada Labour Code (the Code), Part II on June 7, 2004 by Joe Galean, Sonny Raymond MacNeal and Edward Conner employed as Correctional Officers by Correctional Services Canada (the employer).

[2]  The appeal was made as a result of a decision of no danger rendered by health and safety officer Melinda Lum, following an investigation of a refusal to work by the above named employees.

[3]  On May 28, 2004, the three correctional officers working in the Living Unit at Matsqui believed that they would be exposed to danger, as defined in the Code, if they were to continue to work in the Living Unit after a 10 inch long metal homemade knife was seized from the cell of an inmate, and the statement from the inmate that all the other inmates were carrying a weapon.

[4]  They claimed that in the past month there had been many weapons and drugs seized in the institution and that the inmates had become more confrontational and verbally abusive.

[5]  They claimed that this environment had become a risk to staff as there was a potential for violence.

[6]  As the appeals officer responsible for the case, I confirm that the representative for the applicants, Corinne Blanchette (CSN), in a written letter to our Office, dated August 31, 2004, has withdrawn the appeal. After reviewing the file, the case is closed.

Summary of Decision

Decision No.:  04-032

Applicants:  Joe Galean, Sonny Raymond MacNeal, Edward Conner

Key Words:  Refusal to work, appeal

Summary:

The applicants appealed a direction issued under subsection 146.(1) of the Canada Labour Code, Part II, then withdrew their appeal. After reviewing the file, the case is closed.