OHSTC-10-003(s)

OHSTC-10-003

Decision No.: OHSTC-10-003(S)

Case No.: 2010-05

Rendered at : Ottawa, March 11, 2010

Services de Quai Fagen Inc.,

Appellant

and

Syndicat des débardeurs [longshore workers’ union],

Canadian Union of Public Employees (CUPE), Local 4333,

Respondent

Matter: Application for a stay of implementation of a direction issued by a Health and Safety Officer pursuant to subsection 146(2) of the Canada Labour Code, Part II

Directive issued by: François de Champlain, Health and Safety Officer

Decision: The application is allowed.

Decision rendered by: Katia Néron, Appeals Officer

For the Applicant: Jean Gaudreau, Vice‑President, Human Resources

For the Respondent: Paul Cossette, President, CUPE Local 4333

Decision

[1] This concerns an application for a stay of implementation of a directive filed on March 2, 2010 by Jean Gaudreau on behalf of Fagen Dock Services Inc. pursuant to subsection 146(2) of Part II of the Canada Labour Code (the Code). The direction concerned was issued on February 2, 2010, against Fagen Dock Services Inc. by Health and Safety Officer (HSO) François de Champlain pursuant to paragraph 141(1)(a) of Part II of the Code.

[2] The present matter was heard on March 9, 2010, by telephone conference.

[3] After considering the arguments made by the parties and examining the documents, I hereby order a stay of the direction until the case is heard on its merits and a decision is rendered.

[4] The reasons for this order will be included in the final decision.

Katia Néron
Appeals Officer