The union filed a complaint alleging the employer violated section 24 of the Occupational Health and Safety Act by paying incentive workers their day rate, rather than their average hourly earnings, during periods when work was suspended due to unsafe air contamination.
The Board dismissed the complaint, finding that the employer treated the situation as 'idle time' under the collective agreement and did not impose a penalty on the employees because they sought compliance with the Act.
A dissenting member would have found the failure to pay average hourly earnings constituted a pecuniary penalty.
