Canada Appeals Office on Bureau d’appel canadien en

Occupational Health and Safety santé et sécurité au travail

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CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

 

 

 

 

Bernie Blakely

applicant

 

 

and

 

Algoma Central Corporation

employer

 

 

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Decision No. 03-020

November 18, 2003

 

 

This case was decided by Michèle Beauchamp, appeals officer

 

 

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• [1] This case concerns an appeal submitted on November 5, 2002 by Bernie Blakely, an employee of Algoma Central Marine Corporation, under subsection 129(7) of the Canada Labour Code, Part II.

• [2] The appeal seemed to relate to a decision of absence of danger issued by health and safety officer Robert Gowie, of Transport Canada Marine.

• [3] However, the facts were that health and safety officer Gowie had investigated a complaint made by Mr. Blakely, that Algoma Central Marine had contravened section 147 of the Canada Labour Code, Part II, by taking disciplinary measures against him for reporting safety issues.After investigating, Mr. Gowie had concluded that there had been no contravention of section 147.

• [4] I wrote to Mr. Blakely on December 16, 2002, to advise him that under subsection 133(1) ofthe Canada Labour Code, complaints of this nature had to be dealt with by the Canada Industrial Relations Board (CIRB), and not by either an appeals officer or a heath and safety officer.I also forwarded his complaint to the CIRB in order to protect his right under the Canada Labour Code.

• [5] On December 27 2002, Mr. Anthony F. Dale, counsel for Mr. Blakely, informed me that Mr. Blakely had properly initiated a complaint to the CIRB and that he would seek instructions as to whether he wished to pursue or not his appeal to this office.

• [6] On January 6, 2003, I received a copy of the CIRB Investigating Officer’s Report to the Board.On May 2, 2003, I informed Mr. Dale that as I had not received any other information from either him or Mr. Blakely, I would consider Mr. Blakely’s file closed unless I received new information within May 20, 2003.

• [7] As the appeals officer responsible for this case, I dismiss Mr. Blakely’s filewithout further notice, as no other information has been received to this day.

 

 

 

 

 

 

 

 

 

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Michèle Beauchamp

Appeals Officer

SUMMARY OF APPEALS OFFICER’S DECISION

 

 

 

 

Decision No. 03-020

 

Applicant: Bernie Blakely

 

Employer: Algoma Central Corporation

 

Key Words: Disciplinary actions

 

Provisions:

 

Code: s. 133, s. 147

Regulations:

 

 

 

Summary:

 

The applicant appealed a decision of absence of danger made by a Transport Canada Marine health and safety officer, following an investigation of his complaint that his employer had taken disciplinary measures against him, contrary to section 147 of the Canada Labour Code, Part II.

 

Case dismissed: the appeals officer has no authority to deal with appeals made pursuant to section 147.