Loading...
HomeMy WebLinkAboutUnion 02-11-11 IN THE MA'T-rER Of: AN ARBITRATION BETWEEN FANSHAWE COLLEGE (The 'College~) - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION (The ~Union") AND IN THE MATTER OF A POLICY GRIEVANCE CONCERNING HEALTH AND SAFETY AND THE OCCUPATIONAL HEALTH AND SAFETY ACT David K.L. 8tarkman Chair Richard O'Connor College Nominee John McManus Union Nominee APPEARANCES FOR THE COLLEGE Robert Atkinson Counsel Horace Knight Staff Relations Consultant APPEARANCES FOR THE UNION Mihad Fahmyh Counsel Paclcly Musson President, Local 110 Gary Fofflyce Chief Stewarcl Richard Jolliffe Worker Co-Chair, Health & Safety Committee A Hearing in this matter was held on October 9, 2002 at Lcm(:lon, Ontario ÛÎØ ûÙÈ ûÙÈ Ó  ü¾  ÓÖ ìûõ÷   øäð ÍÖ   ÍÖ 8 Article 24.02 A of the collective agreement provides that the College will make reasonable provisions for the conditions of ~fety and health in the employees' work areas, and then goes on to provide that it shall do this by "conforming with the provisions of the O~cu~al Health and Safety Act and Regulations". The grievance provides, in part, as follows: Local 110 grieves that the college violated Art. 24.02 when they refused to notify or allow the designated worker to attend testing of electrical eq~uipment on August 3, 4, 5, and 6. Section 9(a) and (f) give worker's rights to be con~Jlted about and to be present at the beginning of testing. The worker member was not nOtif,~t ami ~ efforts were made in advance of the test, the wod~r member ~ informed that sudl testing rights were limited to industrial hygienic testing referred to in Section 11. Nothing in Section 9 limits testing in this way***As a remedy, we seek a declaration that Art 24.02 was violated and a direction to the college to follow both the a~t end the agreed upon procedure. Section 46(1) of the Colleges Collective Bargaining Act provides that 46(1 ) Every agreement shall provide for the final and binding settlement by arbitration of all difference between an employer and fl~e employed organization arising from the inte~retation, application, administration or alleged contravention Of the agreement including any question as to whether a matter is arbitrable, In this matter therefore, the Union has grieved that the College did not make reasonable provision for conditions Of heatth and ~'ety in the employees' work areas, and has alleged that it failed to do this because it did not permit the worker member on the joint health and safety committee to obtain information from the College concerning the conductin9 of certain tests, and 0id not COI3Sult or pen'nit a designated member 11/27/20D2 13:~i 15198696468 JMC~ANUS PAGE 9 representing workers to be present at the beginning of such testing. It may be that the Union or individual workers could have ueed the enforcement procedures set out in the Act to compel the Employer to ixovide such information, permif such consultation, and allow the designated worker member to be present at the testing, but the existence of mJc, h enforcement rneohanisms in the Act does not, in and of itself, preclude the Unien from asserting that the College h~ violated article 24.02 A of the collective agreement by failing to make reasonable provisions for health and safety in the employees' work areas, and seeking declaratory relief. The matters raised by l~e grievance represent a difference between the parties c, onceming an alleged violation of the provisions of'tile collective agreement and, for this reason, we have concluded that this Board of Arbitration does have the jurisdiction to inquire into this matter. The Employer's alternative submission that sections 9(1B)(e) and (f) are procedural arid do not relate to health and safety in the employees' v,~ork areas require this Board to make factual determinations concerning the nature and sc, ope of the testing carded out in August, 200'1, which this Board is not in a position to make until the evidence has been presented. Accordingly, concerning this aspect of the College's submission, the Board of Arbitration will reea~ve its decision, and this matter will be addressed and determined in the final award. òïÙåòóòé ìûõ÷ ñ ØÓÉÉ×ÎÈ   ìûõ÷ ó ¾Î Û çÈ ¾Ê×¾