WORK REFUSALS. A worker may refuse to work or do particular work where he or she has reason to believe that:
(a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;
(b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself or;
(c) any equipment, machine, device, or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contraventions is likely to endanger himself, herself or another worker. The JHSC is a key element of a well-functioning workplace internal responsibility system. The worker must immediately tell the supervisor or Company that the work is being refused and fully explain why. The supervisor or Company must investigate the situation immediately, in the presence of the worker and a Union representative of the JHSC. The refusing worker must remain in a safe place near the work area until the investigation is completed. If the situation is resolved at this point, the worker will return to work. If the matter is not resolved, the worker, the Company or a JHSC member must notify a Ministry of Labour inspector. The inspector will come to the workplace to investigate the refusal by consulting with the worker, representatives of the Company and the Union representative of the JHSC. While waiting for the inspector’s investigation to be completed, the worker must remain in a safe place near the work station, unless the Company assigns some other reasonable work during normal working hours. If no such work exists, the Company can give other directions to the worker. The inspector must decide whether the work is likely to endanger the worker or another person. The inspector’s decision must be given, in writing, to the worker, the Company, and the Union representative of the JHSC. If the inspector finds that the work is not likely to endanger anyone, the refusing worker is expected to return to work. While waiting for the inspector to investigate and give a decision on the refusal, the Company or supervisor can ask another worker to do the work that was refused. The second worker must be told that the work was refused and why. This must be done in the presence of a Union representative of the JHSC. The Company or person acting on behalf of the Company will not,
(a) dis...
WORK REFUSALS. When a worker exercises his or her right to refuse, he or she shall notify the Supervisor who shall promptly notify a Worker Representative on the JHSC, who shall participate in all stages of the investigation. The worker shall stand by at a safe place and participate fully in the investigation of the hazard. The Company shall ensure that no other worker is asked or permitted to perform the work of the worker who refused unless the second worker is advised of the reasons for the work refusal in the presence of the Worker Representative on the JHSC. If the Union and the Company cannot agree on a remedy to the work refusal, the government inspector shall be called in.
WORK REFUSALS. 36.01 There shall be no work refusal by any member(s) of the bargaining unit during the life of this Agreement, including refusal to handle or install material, equipment, modules or components nor shall they refuse to perform work because other work was or will be performed or was not performed by persons or class of persons who were not or are not members of a trade union or a particular trade union.
WORK REFUSALS. 8.1 The Joint Committee members representing the workers shall designate one (1) of their members to be responsible for attending and assisting at a worker work refusal. This shall be a certified member. Any work refusal shall be carried out as prescribed in the Occupational Health and Safety Act. See appendices #2 and #2a.
8.2 As per the Occupational Health and Safety Act, the certified worker member so designated shall be notified forthwith of the Work Refusal and be made available to attend without unnecessary delay.
WORK REFUSALS have the right to refuse work they believe is likely to endanger them or other workers, and must immediately advise the appropriate supervisor/manager (OHSA, Section 43.
WORK REFUSALS. Under the OHSA, a worker's right to refuse work in various circumstances where health or safety is in danger, includes the right to refuse work if workplace violence is likely to endanger the worker. These work refusals would be handled no differently than other work refusals. Employees are made aware of this process in Health & Safety Training.
WORK REFUSALS.
12.1. Investigation and attendance at a work refusal shall be performed by a worker member (or alternate) of the relevant WS-JHSC.
12.2. The immediate non-union supervisor of the worker who is refusing to work shall contact the designated JHSC worker member and their supervisor, inform him/her about the refusal-to-work situation, and invite him/her to attend. A JHSC worker member shall attend the work refusal without delay. If the JHSC worker member is not available, the supervisor shall call the alternate worker member as listed on the “Contact List.” The HR Department shall report decisions of all work refusals to the JHSC’s at their next scheduled meetings.
WORK REFUSALS. The Union reserves the right to its members to refuse to cross a legal picket line. Except as set out above, or as otherwise permitted by law, there shall be no mid- term work stoppages, work refusals, strikes, or lockouts.
WORK REFUSALS. A part-time employee-owner may refuse additional work outside their regularly scheduled work assignment except as contemplated in Article 4.4 (b).
(a) Part-time employee-owners must submit in writing shifts that they are not available to work and shall update that information when any change occurs.
(b) Where Part-time employee-owner's declared availability under Article 4.4.3(a) changes, the employee-owner shall be entitled to claim any hours previously assigned to an employee-owner with less seniority on a going forward basis, with two weeks notification to Company of their intent to do so.
(c) Article 4.4.3(b) shall exclude any regularly scheduled hours assigned to an employee- owner with less seniority through a job posting and hiring process.
WORK REFUSALS. Under the Occupational Health and Safety Act (OHSA), employees encountering the COVID-19 in the workplace (or who fear that they may encounter it) may seek to exercise their right to refuse work. The normal OHSA work refusal procedure must still be followed and will be found in the OHSA Regulation for Construction Projects and for Industrial Establishments both on page 84 Part V, Right to Refuse or to Stop Work Where Health or Safety in Danger. Specifically 43.(3) and 43.(4). Generally, the clause states that contractors cannot threaten to discipline an employee exercising a work refusal. When faced with a work refusal, the Contractor should immediately investigate in the presence of a health and safety representative or joint health and safety committee member, consider this work refusal and make a determination. The work can either be stopped or it can be re-assigned to another worker who must be informed of the refusal to work and the company’s rationale for proceeding with the work. Failing resolution with the employee or employees, notify a Ministry of Labour Inspector. The investigation will, in large part, be based upon the current scientific understanding of COVID-19 and the specific facts in the individual workplace. ORAC and UA 787 will continue to monitor our industry and the affects COVID–19 is having on our communities and will provide updates as they become necessary. If you require further clarification, please contact the ORAC or UA 787 offices. Most examples of wrongful dismissal involve the termination of employment of a UA787 member, for a specific reason at a point in time and supported by what appear to be random examples of bad employee conduct observed over the course of several months or years in the past. There usually has been no documentation or any form of progressive discipline used for any of these previous instances of bad employee conduct. These examples are seen as conveniently brought to light to support the current issue used to terminate employment. In all cases, contractors must remember that they are bound by the same ESA rules as any other employer regardless of what is outlined in the UA787/ORAC agreement. The best way to deal with all situations involving employee conduct is to address the issue with the employee as soon as it has been identified. In all cases, it is important to document discussions and agreements along with any form of written warnings and keep them in the employee’s file. The goal of all discussi...
