Archived - Decision 06-040 Canada Labour Code Part II Occupational Health and Safety

Air Canada
appellant

and

Canadian Union of Public Employees
Airline Division, Air Canada Component
(CUPE)
respondent
___________________________
Decision No.: CAO-06-040
November 10, 2006

This case was decided by Appeals Officer Richard Lafrance.

For the Appellant
Marie Cousineau, Counsel for Air Canada
Maryse Tremblay, Counsel for Air Canada

For the Respondent
James Robbins, Counsel for CUPE

Health and Safety Officer
F. Cook, Transport Canada, Commercial and
Business Aviation, Edmonton, Alberta

[1] This case concerns an appeal made on June 22, 2005 under the Canada Labour Code, Part II, subsection 146(1), by Marie Cousineau, Counsel for Air Canada, against a direction issued by Health and Safety Officer (HSO) Frank Cook.

[2] The direction followed upon a refusal to work by a flight attendant on January 2, 2005, who considered that flying to Punta Cana, Dominican Republic, posed a danger due to the presence of Malaria. It directs Air Canada to provide its crews operating to Punta Cana with mosquito repellent containing at least 30% DEET.

[3] A request for a stay of the direction was heard on September 9, 2005 and refused by the above named Appeals Officer on September 16, 2005.

[4] On November 9, 2006, after numerous attempts to schedule a hearing on the merits of the case, Maryse Tremblay, Counsel for Air Canada, sent a letter to this Office indicating that Air Canada was withdrawing its appeal of the direction.

[5] Considering the written request to withdraw the appeal and having reviewed the file, I accept the request and declare this case closed.

Decision No.: 06-040

Appellant: Air Canada

Respondent: Canadian Union of Public Employees Airline Division, Air Canada Component (CUPE)

Key Words: Withdrawal, mosquito repellent

Summary:

On June 22, 2006, Air Canada appealed a direction issued following a work refusal. On November 9, 2006, Air Canada withdrew its appeal of the direction. The case is therefore close.