Woolard Decision

January 17, 2006

Brothers and Sisters,

In July of 2001, Allan Woollard, a machine operator on a SOSA surfacing crew, put in a CPR safety/hazard report because the Service Area Manager had directed that surfacing crews were no longer going to be allowed a separate hotel room to store their work clothing at night. They were instead to bring them into the rooms where they slept or to change at home (if they were working around their residence).

Mr. Woollard rightfully believed that their work clothes were being contaminated while on duty and that this new policy, instituted by someone from the safety of a nice, clean office, could endager an employee's health and /or the health of their families.

When CPR still would not repeal their decision in regrds to this policy, the matter was brought to HRSDC HSO (Health and Safety Officer) Noel in 2002, who investigated. Following his extensive investigation, HSO Noel issued a directive to CPR. He found the company in contravention of the Canada Labour Code with two (2) infractions and ordered that they come into compliance. To come into compliance, the company would again have to start allowing employees a place to clean up after work that would not contaminate their living areas.

On July 9th, 2003, Mr. Mike Pielak, CPR Safety Specialist, appealled the directive to an Appeals officer, on behalf of CPR. CPR did not feel that it should have to provide a separate storage area for the employees work clothes. If they won the appeal then they would be able to keep having employees come in and clean up in the room where they sleep and keep having to store their dirty, contaminated work clothes next to their clean clothes, allowing for cross-contamination. Sounds pretty callous, doesn't it? It is hard to imagine a company that preaches "wellness" and "team work" treating its hardworking and loyal employees in such a fashion.

H&S Committee member Bill Brake approached the TCRC MWED to help fight the appeal and we hired the firm of McGrady, Baugh and Whyte to assist us with it. On November 30th, 2005, HRSDC appeals officer Douglas Malanka upheld the decision of HSO Noel. We had won, we thought. Surfacing crew employees in SOSA would be allowed the basic protection and human right to clean the contaminants off of themselves and store their drty work clothes apart from their living areas. Though we ran into a brick wall trying to find out where and when the Hazard Assesment would be done and who would be involved, we felt that the problem was resolved.

Imagine our surprise when we discovered that the company is still going to fight this decision and have appealed to the Federal Court of Canada!!

When we got this news, we immediately had a TCRC MWED Executive Board meeting and unanimously voted to keep McGrady, Baugh and Whyte on the case and continue to oppose the company's actions. And we will not stop fighting for your rights and for your safety. Because we are all committed to safety.... before profits, before production, before anything.

We believe that everyone who truly cares about safety, will promptly and thoroughly follow Part II of the Canada Labour Code and the directions of the HRSDC HSO's and not fight to keep from compliance.

I'll keep you apprised as this unfolds.

The next time one of the company's officers comes up and shakes your hand and then asks in a stern voice, "Are you committed to safety?", just look him in the eye and say, "Are you?"

Fraternally,

Bill Brehl
President
TCRC MWED