August 1, 1996
20.4.180
The grievor was grieving the fact that the employer had asked him to provide a medical certificate before it would allow him to wear a cap in the spring and fall other than that provided by the department. The grievor requested that the request for a medical certificate be withdrawn by the department.
The grievor maintains that the hats provided by the department are not adequate to meet his needs. The grievor, being more sensitive to cold than the other employees, wanted to wear a different type of headgear that would better meet his needs. The department requested a medical certificate. Although a medical certificate was provided, the grievor maintains that the department should have been more flexible in dealing with this issue and should not have asked for a medical certificate before it would allow him to wear the cap he had asked to wear.
The department maintains it provides a uniform to employees, including a summer hat and a winter hat, as provided for in the reference guide for the employee dress code. The department requested that the grievor provide a medical certificate. Once the grievor provided the medical certificate, the department subsequently accommodated the grievor's request.
The Executive Committee considered and agreed with the Occupational Safety and Health Committee report in that the grievor was treated within the intent of the directive. However, the Committee agreed that the department should have shown a bit of flexibility at the outset. The Committee also agreed that the requirement for a medical certificate to be produced is not part of the directive. ln this case, the request for a medical certificate was not justified.
The grievance was denied.