Via Priority Post
June 12, 2006
VIA Rail (O’Grady)
Document No.: 2002-24
Mr. Michael O’Grady
427 – 28th Avenue
Deux Montagnes, Quebec
J7R 5T4
Subject: Decision letter 06-016, following a request
to appeal under section 146.1
Dear Mr. O’Grady:
This decision letter is in response to your appeal filed on July 29, 2002 under section 146.1 of the Canada Labour Code.
According to the information you sent us regarding Unsecured Excess Carts, no investigation was conducted by a Health and Safety Officer. Therefore, taking into consideration that no direction was issued under section 145 of the Code and no decision was rendered under subsection 129(7) of the Code, I determine that I do not have jurisdiction under the Code to hear an appeal in this matter.
In this regard, I refer you to the Federal Court decision, dated June 1st, 2006 between Pamela Sachs, Canadian Union of Public Employees, Airline Division, Air Canada Component, Occupational Health and Safety Committee of Local 4004 (Toronto) and Air Canada, Douglas Malanka, Jacques Servant a copy of which I have included for your perusal. In this decision the Court ruled that the Appeals Officer has no jurisdiction to hear complaints made under subsection 127.1 of the Code (Internal Complaint Resolution Process).
Yours truly,
Richard Lafrance
Appeals Officer
c.c. : P. Pilon