0228-00-HS; 0229-00-HS FirstOntario Credit Union Ltd., Applicant v. Office and Professional Employees’ International Union and Ministry of Labour, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; May 17, 2001
Board File 0228-00-HS is an appeal under section 61 of the Occupational Health and Safety Act (the “Act”) of Orders No. 1 and No. 2 issued by Inspector John Pierroz on April 14, 2000 during Field Visit No. 94897.
Board File 0229-00-HS is an application for suspension of inspector Pierroz’ orders pending the disposition of the applicant’s appeal of those orders.
The appeal and the request for suspension of the orders were filed with the Board on April 19, 2000. On May 4, 2000 the Board (differently constituted) issued the following decision in these matters:
“Having regard to the letter dated May 2, 2000 from counsel for the applicant, Board File No. 0229-00-HS is hereby withdrawn with leave of the Board. Board File No. 0228-00-HS will proceed in the usual course.”
On February 5, 2001 the applicant, FirstOntario Credit Union Ltd., has filed a new Application for Suspension of Inspector’s Order (Form A-67) which the Board has treated as a re-activation of the original request for suspension filed on April 19, 2000.
Both the April 19, 2000 request and the February 5, 2001 request refer to “Order Number (Field Visit/Report): 359620 dated April 14, 2000. The number 359620 refers to the P/P ID number and relates to more than one Field Visit Report dated April 14, 2000. The Board assumes the Field Visit No. that is the subject of the reactivated suspension request is F.V. No. 942897, Orders No. 1 and No. 2 which were made on April 14, 2000.
Order No. 1 was issued with a compliance date of April 21, 2000 and stated as follows:
“Section 9(11) – The employer shall ensure that two of the members of a committee shall co-chair the committee, one of whom shall be selected by the members who represent workers and the other of whom shall be selected by the members who exercise managerial functions.
- Order No. 2 was issued with a compliance date of May 5, 2000 and stated as follows:
“Section 9(12) – The employer shall ensure that at least one member of the committee representing the constructor or employer and at least one member representing workers are certified members.
From the materials filed with the Board it is not clear to the Board to what extend the above orders are not in compliance at this time.
Before the Board determines how to proceed with these matters the parties are directed to file with the Board and each other a brief, concise statement, outlining what exactly is still in dispute with respect to the above orders. These submissions are to be filed within fourteen days of the date of this decision.
I remain seized for the purpose of dealing with the above submissions.
“Inge M. Stamp”
for the Board