Sanitation Directive – Change Rooms

In 1998, the grievors requested full change rooms, with toilets and showers. The department denied the request in part because it was too expensive. Only the toilets and a shower were built. In response to repeated requests, management decided to build the change rooms. The location where the change rooms were built was a warehouse (formerly stores). The first part of the work included the walls (not up to the ceiling), doors and floor. Following management's refusal to take into account employee complaints that the change rooms, as built, did not meet the standards set out in the NJC Sanitation Directive, the present grievance was lodged on February 18, 2004. At the time the grievance was lodged, the 34 grievors were working in the shop. On March 10, 2004, at a shop meeting, management informed all employees that the ventilation work for the change rooms had been approved and would be completed during the 2004-2005 fiscal year. On November 22, 2004, a response at the second level of the NJC grievance procedure was issued by the Department stating that it had allowed the grievance.

On November 30, 2004, the grievance was sent to the final level of NJC grievance procedure.

The Bargaining Agent representative informed the Committee of what the employees considered shortcomings under the Directive. A document prepared by the grievors in order to further the grievance sets out the following five points:

The Bargaining Agent representative explained that she had visited the change rooms in August and that she would give her personal impressions.

The Bargaining Agent representative stated that the lack of a ceiling in the change rooms had made her uncomfortable; she not only found that this situation was inappropriate, but also considered that the perception of safety was just as important and should be taken into account.

When the garage doors of the shop were open, ventilation in the change rooms was negatively affected, as the change rooms were open to the shop.

Lastly, the Bargaining Agent representative stated that the benches were still a serious safety problem since they rocked if a person's weight was not perfectly balanced over the full extent of the bench.

The Bargaining Agent representative explained that the employees had co-operated with management from the outset, but felt that a grievance was the only way to ensure that management took all the action it had promised.

In response to the Committee's questions, the Bargaining Agent representative specified that the fifth point was less important to the employees but that the other points remained problematic.

The Departmental representative explained that the complainants were concerned that the renovation of the change rooms had not included the ventilation work. She stated that the Employer's goodwill was evident, given that at the first and second levels of the grievance procedure the Employer had acknowledged that the change rooms did not meet the standards set out in the Sanitation Directive since there was no mechanical ventilation, and had made a commitment to complete the ventilation work by the end of the 2004-2005 fiscal year.

The Departmental representative also explained that management had consulted health and safety officer Pierre Leduc, who agreed to the situation in the change rooms given that the project was to be completed by the end of the 2004-2005 fiscual year.

The reason the project had not been fully completed was that it was never given priority by the Area Accommodation and Infrastructure Development Committee, a committee made up of representatives from all units that decides which projects are to be funded in a given fiscal year using a system of points that is recognized by all members. On the other hand, the Departmental representative pointed out that management nevertheless went ahead and all the work, including the ventilation work, had been completed as of November 2004.

The Departmental representative explained that the department was convinced that the change rooms in the mechanical and electrical shop met the standards set out in the Sanitation Directive, which stipulates in Appendix A 1(a), which is applicable to this situation, that the minimum standard is 5 L/s per m2 of floor area. The representative demonstrated calculations to the Committee indicating that the required two changes of air per hour are achieved.

The grievors had been treated in accordance with the spirit of the Sanitation Directive. The Departmental representative added, however, that the Department remained open to any suggestions that the NJC Occupational Safety and Health Committee might make in this matter.

In response to the Committee's questions, the Departmental representative specified that the benches had not been screwed to the floor but that new, safer benches had been ordered.

The Executive Committee considered and agreed that the Department had shown a willingness to consider and act on the concerns of the grievors, though the time elapsed from the time of the complaint to completion was approximately 7 years, which was believed to be excessive. It was also shown during the presentation that most of the requested corrective measures had already been addressed. However, the Committee agreed that the remaining measures to address concerned privacy issues.

As such, the Committee agreed that the grievance be partially upheld, and that a request be made to the Department to refer the remaining corrective measure requested to the local Workplace Health and Safety Committee for resolution. The WHS Committee should recommend options to resolve the outstanding privacy issues and the Department should address these recommendations in a timely manner.

Grievance upheld in part.