[1998] OLRB REP. JULY/AUGUST 750
1432-98-HS; 1436-98-HS Underwriters' Laboratories of Canada, Applicant v. Office & Professional Employees International Union, Local 520 and Ministry of Labour, Responding Party
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; August 12, 1998
This is a request by the applicant for a suspension of Order No. 001, Field Visit No. 766567 dated July 10, 1998 pending the disposition of the appeal in File No. 1432-98-HS. Order No. 001 directs a Health and Safety representative be selected from among the workers at 10 Crouse Road.
The Board in its decision of July 22, 1998 directed the filing of submissions by any responding party wishing to participate within 10 days.
The Office & Professional Employees Union Local 520 by letter of August 6, 1998 advised it agrees with the Inspector's finding "that there is a need for worker health & safety representation originating from 10 Crouse Road". The letter goes on to say Local 520 is "prepared to have one worker representative, inclusive of the three (3) appointed Health & Safety Committee members, focusing on 10 Crouse Road".
By fax dated August 11, 1998 the Ministry replied stating:
The Ministry of Labour has not received the Applicant's suspension grounds and therefore requests that the suspension request be denied.
Adjudicator Lee Shouldice's decision dated July 22, 1998 required such ground to be provided to the parties by July 29, 1998.
This appears to be the first response received by the Board from the Ministry following the July 22, 1998 decision.
- The applicant faxed the Registrar on August 12, 1998 with copies to the Ministry as follows:
This is in response to a letter addressed to you from Line Forestier of the Ministry of Labour, dated August 11, 1998, informing you that they have not received ULC's grounds for suspension.
The grounds for suspension were outlined in ULC's original appeal letter to you dated July 14, 1998 and stated again in a second letter dated July 29, 1998.
As requested in Lee Shouldice's decision dated July 22, 1998, a copy of these two letters were faxed to the other parties on July 29, 1998 and, at the same time, a copy was mailed to them. A copy of the fax transaction report is attached which will confirm that the letters were transmitted to the following fax numbers on July 29, 1998 with acceptable results:
Andrea Esson, Ministry of Labour, (416)326-7985
Anna Ballon, Ministry of Labour, (416)314-5405
A copy of the letters were also sent to 5andy Leva of ULC, who is the Health and Safety member representing the workers and is a member of the Office & Professional Employees International Union, Local 520.
Underwriters' Laboratories of Canada has not received a response from any of the responding parties and therefore requests that Order #001 be suspended pending the disposition of the appeal.
Adjudicator Lee Shouldice's decision dated July 22, 1998 required a response by the responding parties by August 6, 1998.
The Ministry's response of August 11, 1998 is neither timely nor helpful. It does not address any of the issues raised in the original appeal of July 14, 1998 which presumably was received by the Ministry.
Local 520 of the OPEIU does not take any position with respect to the suspension request.
Order No. 001, F.V. #766567 came about as the result of a routine inspection. There is an existing joint Health & Safety Committee comprised of 3 worker representatives and 3 management representatives. There are monthly inspections by the existing joint Health & Safety Committee of all five testing and administration buildings including 10 Crouse Road. The applicant submits a separate representative would be a duplication of effort and a burden to its resources. The applicant further submits the suspension of this order does not endanger worker safety.
Having considered the submissions of the parties, Order No. 001, F.V. #766567 is suspended pending the disposition of the appeal in Board File No. 1432-98-HS.