N00-03-R0011 - Clause 24.01 – Unhealthy conditions

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Grievance File Number: 
N00-03-R0011
Collective Agreement: 
Rural and Suburban Mail Carriers (2003)
Relevant Articles: 
24
Date referred: 
Monday April 24 2006
Status: 
Settled
Arbitrator: 
P.A. Chapman

Statement

Following the decision by several employees to exercise their right to refuse to perform work because of work methods they deemed dangerous to their health and safety, the Corporation unilaterally adopted measures, including hiring staff, without referring the matter to the appropriate health and safety committees and without negotiating an agreement or solution with the Union. The Union was informed that the cost of this unilateral decision by the Corporation would be taken out of the financial cap set out in the collective agreement. Consequently, the Corporation violated the collective agreement.

Corrective Steps Requested

The Union requests a statement to the effect that the Corporation cannot take it upon itself to extract the cost of its decision from the financial cap set out in the collective agreement. In addition, the Union requests an order to the effect that the Corporation must cease this practice and return the amounts that were used to the financial cap.