FPSLREB Decisions

Reference under subsection 129(5) of the Canada Labour Code (Code) - Prison guard - Refusal to work - Correctional officer relieved by an instructor - Medium high security penal institution - the employer had asked one of the penitentiary instructors to relieve a correctional officer working with the applicant instead of asking another correctional officer to work overtime - the applicant, a correctional officer, invoked the right to refuse to work granted under subsection 128(1) of the Code - the applicant alleged that the instructor had neither the skills nor the knowledge to perform the work of a correctional officer, which constituted a danger for him - the safety officer concluded that there was no danger at the time of his inspection of the premises nor at the time of the refusal to work - the applicant argued that the instructors are not qualified to replace a correctional officer and do not meet the minimum requirements of that position - the employer replied that the applicant was using the provisions of the Code to challenge the employer's decision to call on the instructors instead of asking correctional officers to work overtime - the employer maintained that there was no danger within the meaning of the Code at the time of the refusal to work - the Board found that the applicant had not established that the instructor who had relieved the correctional officer working with the applicant could not perform the required duties without putting his own safety or that of the correctional officers in danger. Decision of safety officer confirmed. Decision cited:Stephenson (165-2-83).