Common use of REFUSAL TO PERFORM ASSIGNED WORK Clause in Contracts

REFUSAL TO PERFORM ASSIGNED WORK. ‌ A. A worker’s refusal in good faith to perform an assigned task because of abnormally dangerous conditions, given normal safety procedures and equipment for work at the time and place said task is to be performed, shall not be just cause for discipline, and the worker shall not be sent home solely because of such refusal, provided that the worker’s good faith is based on ascertainable, objective evidence supporting his / her conclusion that an abnormally dangerous condition of work exists, and provided further that the worker advises his / her supervisor of the condition believed to be abnormally dangerous as soon as possible and the basis for said belief. B. When the supervisor is advised of a worker’s refusal to work in accordance with the paragraph above, the supervisor shall notify the local safety committee responsible for the area. C. The local safety committee shall investigate the alleged hazard as soon as possible, but in no case without at least one Union and one University representative present, and make recommendations concerning the existence of the hazard and whether operations need be curtailed pending its abatement. The Committee shall make its recommendations in a reasonably expeditious manner. Pending issuance of these recommendations, the University shall not request other workers to perform the work in question without advising them of the initial worker’s refusal and the asserted reasons therefore. D. The local safety committee shall report its findings and recommendations to the University representative responsible for the area in question, the Union and the worker initially refusing to perform the task in question. E. If the recommendation is unanimous that operations should be curtailed pending abatement of a hazard, no worker shall be asked to perform the work in question until the University has responded to the situation so that one of the reporting members withdraws the recommendation to curtail operations. F. If the recommendation is unanimous that operations need not be curtailed, work shall be resumed and any continued refusal to work shall be deemed just cause for discipline. G. Any recommendation which is not unanimous and which the department management does not accept shall be referred to the University Director of Environmental Safety and Health or in the case of SLAC, The SLAC Associate Director for Environment Safety and Health for further investigation and decision and all work shall be resumed pending such decision.

REFUSAL TO PERFORM ASSIGNED WORK. ‌ A. A worker’s refusal in good faith to perform an assigned task because of abnormally dangerous conditions, given normal safety procedures and equipment for work at the time and place said task is to be performed, shall not be just cause for discipline, and the worker shall not be sent home solely because of such refusal, provided that the worker’s good faith is based on ascertainable, objective evidence supporting his / her their conclusion that an abnormally dangerous condition of work exists, and provided further that the worker advises his / her their supervisor of the condition believed to be abnormally dangerous as soon as possible and the basis for said belief. B. When the supervisor is advised of a worker’s refusal to work in accordance with the paragraph above, the supervisor shall notify the local safety committee responsible for the area. C. The local safety committee shall investigate the alleged hazard as soon as possible, but in no case without at least one Union and one University representative present, and make recommendations concerning the existence of the hazard and whether operations need be curtailed pending its abatement. The Committee shall make its recommendations in a reasonably expeditious manner. Pending issuance of these recommendations, the University shall not request other workers to perform the work in question without advising them of the initial worker’s refusal and the asserted reasons therefore. D. The local safety committee shall report its findings and recommendations to the University representative responsible for the area in question, the Union and the worker initially refusing to perform the task in question. E. If the recommendation is unanimous that operations should be curtailed pending abatement of a hazard, no worker shall be asked to perform the work in question until the University has responded to the situation so that one of the reporting members withdraws the recommendation to curtail operations. F. If the recommendation is unanimous that operations need not be curtailed, work shall be resumed and any continued refusal to work shall be deemed just cause for discipline. G. Any recommendation which is not unanimous and which the department management does not accept shall be referred to the University Director of Environmental Safety and Health or in the case of SLAC, The SLAC Associate Director for Environment Safety and Health for further investigation and decision and all work shall be resumed pending such decision.