Archived - Decision 05-034 Canada Labour Code Part II Occupational Health and Safety

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Donald Ediger
Correctional Officer
applicant

and

Correctional Service Canada
respondant
_____________________
Decision No. 05-034
August 11, 2005

This appeal made pursuant to subsection 129 (7) of the Canada Labour Code was decided by Richard Lafrance, Appeals Officer.

For the applicant:
Robert Deschambault, Union Advisor, UCOO-SACC-CSN

For the Respondent:
Richard Fader, Counsel, Treasury Board Legal Services.

[1] This case concerns an appeal made on July 20, 2004, under subsection 129 (7) of the Canada Labour Code, Part II, by Donald Ediger employed as a Correctional Officer by Correctional Service Canada.

[2] Health and safety officer George Balas investigated the refusal to work and rendered a decision of no danger.

[3] According to the investigation report from health and safety officer George Balas, both the applicant and the employer described the event as follows:

  • Mr. Ediger was informed on July 13, 2004, that he and another officer would be escorting an inmate to the City Hospital where the inmate was to receive medical treatment.
  • The conditions for escorting the inmate where in accordance with Correctional Service policies for maximum security.
    • Two officers present
    • Full restraints (leg irons and handcuffs)
    • OC spray irritant
    • Armed with 38 with 18 rounds of ammunition. The applicant refused to work on July 13, 2004 on the basis that when a firearm is authorized, there should be three officers present, not two.

[4] On August 10, 2005, Robert Deschambault, Union Advisor for the applicant, wrote to this office to indicate that he was withdrawing the appeal on behalf of the applicant.

[5] Having reviewed the file, I accept the employee's withdrawal, and confirm that the file is closed.



____________________
Richard Lafrance
Appeals Officer


Summary of Appeals Officer's Decision

Decision No.: 05-034

Applicant: Donald Ediger Correctional Officer

Employer: Correctional Service Canada

Keywords: Decision, refusal to work, inmate, hospital,

Provisions: Canada Labour Code 129(7)
Regulation

Summary:

The applicant appealed a decision of no danger issued by a health and safety officer following a refusal to work. The applicant withdrew his appeal and the appeal officer closed the file.

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