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166-02-31876, 166-02-31892 and 166-02-31893 (2004 PSSRB 160)
Parsons, McLean and Mclean et al. v. Treasury Board (National Defence)
Before: J. W. Potter
Appearances: E. Bramwell, for the Grievors; H. Newman, for the Employer
Decision rendered: November 8, 2004
Jurisdiction - Collective Agreement Interpretation - Employer obligation to make reasonable provision for the occupational health and safety of employees - Minimum manning requirements - the grievors, firefighters at a Canadian Forces Base, grieved that their safety was in jeopardy as there was an insufficient number of employees at each shift at the fire hall - they grieved this was in violation of Clause 22.01 of the collective agreement which requires the employer to make reasonable provisions for the occupational health and safety of its employees - the employer objected to jurisdiction on the basis that the clause relied upon is consultative in nature and cannot be the subject of an individual grievance - the bargaining agent argued that the obligation is owed to the employee but, in the alternative, requested an extension of time to file a section 99 reference - the adjudicator considered previous jurisprudence and held that obligation under Clause 22.01 is owed to the bargaining agent, not an employee - he found that there would be no prejudice to the employer if the time for a s.99 reference was extended - Board extended time to file a reference under s.99.
Application for extension of time allowed.
Cases cited: Albus v. Treasury Board (Solicitor General), PSSRB File Nos. 166-2-16887 and 16888) (1987) (QL); Preeper v. Treasury Board (National Defence), PSSRB File No. 166-2-21892) (1992) (QL).