August 1, 1993
20.4.167
The grievor, who was Co-Chairperson of a Joint Union Management Occupational Safety and Health Committee, alleged that the employer violated Standard 2-20, more specifically paragraph 24, and/or other related articles.
The corrective action sought is that she be allowed to fulfill her duties and functions as a member of the JOSH Committee without any interference, restriction, coercion, harassment and intimidation and without repercussions with regard to her position as an employee.
The Administrative Committee considered and agreed with the report of the Occupational Safety and Health Committee in that the Joint Occupational Safety and Health Committees are an integral part of the committed resources necessary to ensure a safe, healthy and productive work environment. As such, the time necessary for a JOSH Committee Member to discharge adequately his/her responsibilities as a member can vary substantially according to the seriousness of the issue(s) which prevails.
The Administrative Committee noted that the report advised that in this instance, the acute indoor air quality problems that existed at that specific work site did not appear to have resulted in a formal management commitment to allow the grievor the time necessary to fully and adequately discharge her responsibilities as a JOSH Committee member.
To that extent, the Administrative Committee agreed with the Occupational Safety and Health Committee in that management, at that particular time, did not entirely abide by the intent of Standard 2-20.
The Administrative Committee noted the pleasure of the Occupational Safety and Health Committee in reporting that the growing body of experience in the resolution of indoor air quality issues has since been applied to that specific worksite and that the issue which was raised in the grievance appears to have been resolved. Further, that the Committee believed that as a result of ongoing consultation, the JOSH Committee, with the guidance and advice of the Department's National Safety and Health Coordinator and that of representatives of the TB Personnel Policy Branch, has helped to develop a growing commitment to a collaborative approach to the resolution of safety and health issues which translates into a substantial improvement in the effectiveness of the JOSH Committee.
Given the above actions the Administrative Committee agreed that there was no further corrective action to be taken.
The Administrative Committee further agreed with the report of the Occupational Safety and Health Committee in that the Standard related to this issue does not make the necessary time allowed subject to operational requirements, for representatives of JOSH Committees to attend, prepare, or any other time spent by JOSH Committee members while carrying out any of his/her functions as a committee member.