Archived - Decision 07-001 Canada Labour Code Part II Occupational Health and Safety

Case No.: 2003-30

Ken Collier
appellant

and

Department of National Defence
respondent
___________________________
Decision No.: CAO-07-001
February 5^th, 2007

This case was decided by Appeals Officer Katia Néron.

For the Appellant
Bettina Quistgaard, Counsel
Dave Gorton, Union President

For the Respondent
Rosalie Armstrong, Counsel, Legal Services – Treasury Board of Canada Secretariat
Donald Howard, Formation Fire Services, Department of National Defence

Health and Safety Officer
Glen Grandy, Health and Safety Officer, HRDC Labour Program

[1] This case concerns an appeal made on March 30^th, 2003 by Dave Gorton, Union President on behalf of Ken Collier, employee of Department of National Defence, under subsection 129(7) of the Canada Labour Code, Part II.

[2] The decision of no danger rendered by health and safety officer (HSO) Glen Grandy followed upon a refusal to work by Mr. Collier on February 19^th, 2003, concerning the requirements to take the Fire Fighters Physical Fitness Maintenance Program Evaluation.

[3] On January 15^th, 2007, Mr. Collier sent an email to this Office indicating that he was withdrawing his appeal.

[4] Considering the written request to withdraw the appeal and having reviewed the file, I accept and declare this case closed.

Decision No.: CAO-07-001

Appellant: Ken Collier

Respondent: Department of National Defence

Key Words: Withdrawal, Fire Fighters Physical Fitness Maintenance Program Evaluation

Summary:

On March 30^th, 2003, Mr. Dave Gorton, Union President representing Mr. Ken Collier, appealed a decision of no danger rendered by HSO Grandy. On January 15^th, 2007, Mr. Ken Collier withdrew his appeal. The case is therefore close.