Uniforms

The grievors are grieving the Department's action not to provide clothing as per the NJC Clothing Directive, section 2.7.5(b) and other sections of the Directive deemed relevant.

ln 1994, the Union was officially informed that April 1, 1995 was the effective date the uniforms would be discontinued. The Departmental decision to no longer provide a uniform to inspection staff undermined the intent of the directive which is to ensure that where needed, the employer would provide a uniform where "special identification" would aid in the effective performance of duties and in meeting program objectives. The Department had concluded that prior to April 1, 1995, it was beneficial for certain employees to be readily identifiable to the public; that a uniform would be a sign of the authority vested in them and that this was required to aid employees in the performance of the their duties. For the above reasons, the grievors believed they were not treated within the intent of the directive.

After extensive consultations, the Department decided to introduce a package of protective clothing to all inspection staff to eliminate the existing uniform, effective April 1, 1995. For more visibility while wearing the protective clothing, shoulder flashes for the sand color coveralls and lab coats were provided. This is in addition to the insignia that is affixed to coveralls, parkas, field and bumper hats. Furthermore, inspection staff are required to carry their identification badge provided to them when performing their duties. The new look is consistent with that of inspection staff of other Federal Agencies. The Department has made every effort to ensure that inspection staff are clearly identified as having the vested authority in directing, inspecting and enforcing specific laws and ._ regulations. The Department concluded that the grievors were treated within the intent of the directive.

The Executive Committee considered and agreed with the Occupational Safety and Health Committee report in that the grievors were treated within the intent of the directive. The Committee concluded that the necessary consultation process took place and that the Department properly determined that the uniform was not required for identification purpose and replaced it with appropriate protective clothing which properly identified inspection staff.

The grievance was denied.