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HomeMy WebLinkAbout1986-0178.OPSEU.87-04-02TELEPHONi: rrs/59fi- OWE 0178/86 IN THE NATTER OF AN’ARBITPATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAlNlNG ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: Before: For the Grievor: I For the Employer: Hearing: OPSEU (Local 5L9) - And - The Crown in Right of Ontario (Ontario Science Centre) R. J. Delisle Vice-Chairman G. Nabi Member R. Roberts Member A. Ryder Counsel Gowling & Henderson L. Horton Staff Relations Officer Human Resources Secretariat March 4, 1987 Grievor Employer ? 5 .i J AWARD This is a Union grievance which claims a violation of Article 19.1 in that the employer is failing to take reasonable steps to correct safety problems in servicing the Mechanical Rooms at the Ontario Science Centre. Thomas Waugh testified on behalf of the Union. Mr. Waugh is a Maintenance Mechanic 3. He is also the Health and Safety Officer with Local 549. Mr. Waugh has worked as a Maintenance Mechanic at the Centre since 1981. The Mechanical i Rooms contain the apparatus for the Air Supply Systems: heat pumps, supply and return units, electrical panels. In servicing the Air Supply Systems the mechanic is sometimes required to crawl through the ducts which can be several hundred feet in length. There are cat walks to traverse in the Mechanical Rooms and the mechanics must often work in confined spaces. A number of potential hazards present themselves. Mr. Waugh expressed his concern that a maintenance mechanic who injured himself while working alone in the Mechanical Rooms might go unnoticed for a lengthy period of time. Mr. Waugh testified that a number of cuts have been made in the maintenance staff since he first joined, from nineteen men down to seven. He testified that a buddy system provided the necessary safety protection so that a worker would not be on his own. Experiments had been conducted with walkie- talkie systems butthey had been found wanting as their signals were not strong enough to reach all areas. With the cutbacks in staff a buddy was not as readily available as before. Mr. Waugh 2 testified that what was needed was a proper base from which a good communications system could be mounted to ensure that no worker was left completely on his own. All of the above evidence seemed to make the grievance plausible. However, in cross-examination Mr. Waugh testified that whenever he had requested assistance, a buddy to ensure his safety, he .had never been refused help. He testified that employees have an obligation to attend to their own safety. He testified that he refused to work alone in the Mechanical Rooms and that his Supervisor, R. J. Harvey, had said that was no problem. A buddy could be provided. Besides two maintenance mechanics the maintenance staff has one plumber, one electrician, one carpenter and two labourers. None of these workers testified and Mr. Waugh stated he could not get them to agree to the grievance. Mr. Waugh testified that he was unsure about what the others did. He testifed that if the others needed assistance, a buddy, they might have to wait to do the job until one was available. The safety problem described by Mr. Waugh in chief existed in a worker being required to work alone in a hazardous area. His evidence on cross-examination discloses that workers were not required to work alone. A buddy would be provided. After the close of the grievor's case the Board consulted and decided that there was no case for the Ministry to meet. Accordingly the grievance was dismissed. 3 Counsel for the Union asked us to set out in our reasons that our determination was made on the basis of a finding that the employer's policy was to always provide a buddy. This we decline to do. We are not here to declare what the employer's policy is but rather to judge the merits of a grievance presented to us. On the basis of the evidence offered in support of this grievance we find the grievance unsupportable. The grievance is dismissed. Dated this 2nd day of April, 1987. &&.d-c~I. R. J:Delisle, Vice-Chairman G. .Nabi, Member I?. Roberts, Member