Canadian Safety Reporter

7 Canadian HR Reporter, a Thomson Reuters business 2015 News | February 2015 | CSR Ontario Power Generation phases out safety gear too quickly CUPE wins grievance for one group of staff, not the other BY SABRINA NANJI WHEN ONTARIO POWER Gen- eration phased out its safety gear, it did so wrongly for one group of workers but not for another, an arbitrator has ruled. Before the electrical company entered into collective bargain- ing with the Canadian Union of Public Employees (CUPE), it decided in 2012 to scrap the long-standing practice of pro- viding undergarments to certain employees, citing technological improvements that rendered the garments obsolete. CUPE disagreed and filed two grievances challenging the em- ployer's actions on the grounds that providing undergarments was an "environmental privilege" under the collective agreement and was a working condition that could not be unilaterally changed by the employer. First grievance dismissed The first grievance, pertaining to employees performing ra- diological work, was dismissed by arbitrator Larry Steinberg as Ontario Power Generation pro- vided proper and timely notice that it was eliminating the un- dergarment provision. The second grievance, on the other hand, was allowed because it failed to provide such notice. Since the 1970s, Ontario Power Generation had supplied T-shirts, underpants, bras and socks for radiological employees working in the protected areas of its nuclear generating stations, according to the union. This reduced the potential risk of taking undergarments that are contaminated with radiation out of the plant and, further, the nature of the work required for employees to shower and change clothing repeatedly during a shift. Thus, "this environment privi- lege is long-standing and is for the purpose of health and safety, hygiene, comfort and conve- nience," CUPE said. However, Ontario Power Gen- eration argued that improved technology — including screen- ing for contamination and im- proved practices and procedures — made the undergarments un- necessary. As such, in 2002, the company announced it would no longer provide clothing for radiological work. Union didn't file grievance For this, Steinberg sided with the employer, saying the union could not have been concerned with health and safety as it did not file a grievance when the decision was first made back in 2002. Secondly, no scientific or tech- nical evidence was submitted from either party proving or dis- proving a hazard. Electrical workers, however, were another matter entirely as the collective agreement lan- guage was loose around this group. While it was not an explicit requirement, cotton undergar- ments (which would not melt into the skin in the event of an arc flash or fire) were made avail- able and used regularly by those workers. The grievance concerning electrical workers was filed in 2012, the same year the employer announced it would no longer provide undergarments, follow- ing a joint health and safety com- mittee's conclusion that it "would have a direct negative impact on worker safety, particularly those performing electrical work." This grievance was allowed. Reference: Ontario Power Genera- tion and the Power Workers' Union, affiliated with the Canadian Union of Public Employees (CUPE) Local 1000. Larry Steinberg — arbitrator. Paulene Pasieka for the employer, John Monger and Jessica Latimer for the union. Jan. 6, 2015. Workers finish up the Niagara Tunnel, a major clean-energy project by Ontario Power Generation that opened in 2013. CUPE is arguing the company has started phasing out protective gear too quickly, putting employees at risk. In 2012, Ontario Power Generation scrapped the longstanding practice of providing undergarments to certain employees doing radiological work. Credit: Mike Cassese/Reuters

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