Work Safety
Part II: Analysis Of The Issues, & Union/Management PositionsI chose to research labour arbitration cases on work safety. Work safety is a complex topic full of a wide range of issues. Arbitrators do not take safety infractions lightly deem them as very serious. Their decision is based on a comprehensive investigation that explores both parties involvement with this issue. Key Issue #1: Are the concerns of safety being communicated by both employee and employer?One key issue that I found rather interesting was the issue of employees properly communicating their belief that the working environment was unsafe and hazardous to their health and safety. This issue was interesting to me because it seems as though there seemed to be a problem of employees not informing their employers of safety concerns. The cases that deal with this particular issue stress the importance of notifying the employer as soon as possible when a concern for safety exists. When they have communicated their belief, the employer will take corrective measures to fix the concern if they can at all. One example can be seen in the case Mercury Builders Supplies & Teamsters Union, Local 879, 18L.A.C(4th) 168. Here, an employee filed a grieva
case involves an employee grievance claiming that her discharge was unjust and the only reason she did not tie her hair back was because she claimed it gave her headaches during her shift. If no accidents have occurred, then there is no reason for the company to stop its long-standing policy requiring employees to wear the safety equipment and uniforms. There seemed to be some conflict that arose with respect to the reasonable amount that management should have to pay for these work boots, how many they should purchase for the employees, and if it is their responsibility to replace them. The word "provide" meant to the union, duty to pay for and supply all safety work boots. They point out that when they exercise their rights under the OHSA act their claim is reasonable, and cannot be disciplined for this. 4 under the collective agreement, which states. (3d) 47 which relates to a union grievance about safety footwear. The employers dismissed their concern and said their concerns were based merely on rumours and should not be believed. This will avoid any unjust discipline on the basis of safety concerns and any unnecessary grievances taken to arbitration, which can be costly. However, what the arbitrator looked at is whether or not the interim order would penalize management and whether or not there were other remedies available to the union if an interim order were not in place.
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