Archived - Decision: 04-044 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
Todd Campbell, Labour Program, Human Resources and Skills Development Canada, Vancouver.

[1] This case concerns an appeal made under subsection 129 (7) of the Canada Labour Code (the Code), Part II, on April 4th, 2003 by Craig Martens and Manpreet Kaur Randhawa 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 Todd Campbell on March 23, 2003, following an investigation of a refusal to work by the above named employees.

[3] The two employees believed it was unsafe for only one correctional officer to be assigned to guard an inmate admitted to the hospital due to a possible drug overdose.

[4] The inmate was originally classified as a medium security inmate, with a history of violence.

[5] Because of his current medical condition (unconscious for over 4.5 days), the employer decided to reclassify the inmate to minimum security and assigned only one correctional officer to guard the inmate.

[6] The inmate's reclassification was based solely on his current medical condition, and stated that in the event that the inmate's health condition improved, the security classification would be reassessed by the case management team.

[7] 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for the applicants, Corinne Blanchette (CSN), in a written letter to our Office, dated September 17^th, 2004, has withdrawn the appeal. After reviewing the file, the case is closed.

Summary of Decision

Decision No.: 04-044

Applicants: Manpreet Kaur Randhawa, Craig Martens

Key Words: Refusal to work, appeal

Summary:

The applicants appealed a decision of no danger made under subsection 129 (7) of the Canada Labour Code (the Code), Part II, then withdrew their appeal. After reviewing the file, the case is closed.