Bath Institution COMMUNICATION CONNECTION

1. Bath InstitutionCOMMUNICATION CONNECTION PRESIDENT** COLIN COATES VICE PRESIDENT**WILF BELL GRIEVANCE OFFICER/ROSTERS ** TAMMY ELLIOT TREASURER/OPEN CONCEPT INSTITUTION REP** JARET CLEMENT HEALTH & SAFETY/MENTORING COORDINATOR** DAVE SLY WOMEN’S REPRESENTATIVE **BETH GOLDBERG SHOP STEWARTS** COLIN FRIEL, BRIAN LLOYD, MATT KAY, PAM LEWIS(EAP), CHRIS ADAMS (OPEN CONCEPT REP), CHRIS BURNETTE (OPEN CONCEPT REP), BRYAN QUINCEY COMMUNICATIONS** STAN REVELL RETURN TO WORK AND ACCOMMODATION REP** TINA CARROLL SECRETARY** ANGELA TOFFLEMIRE

2. HOT ISSUES The Right to Make a Complaint about a Dangerous Situation 127 - Internal Complaint Resolution Process The Canada Labour Code provides for an internal process to resolve problems. With reference to section 127.1(8) of the Canada Labour Code Part II, prior to a health and safety complaint being referred to HRDC-Labour Program, the parties are required to follow the Internal Complaint Resolution Process, and should be able to confirm this by providing the following information. 1. Notify your union immediately of problems you experience or observe. 2. If you have reason to think that you are faced with a violation of the Code or a situation that could result in injury or illness, make a complaint about it to your line supervisor. Ref. 127.1(1) 3. If the problem is not resolved, you can appeal to a chairperson of our Workplace Health and Safety Committee. A joint investigation is then conducted. Ref. 127.1(3)The employee representative shall be a UCCO-SACC- CSN OSH Member as per the new Global Agreement.

3. HOT ISSUES . • A copy of the written Investigation Report should be prepared by the above two investigators, and the date this report was provided to both the employee andthe employer should be noted. [Ref. 127.1(4)] • If the Investigation Report included recommendations, a copy of the • employer’s written response to these recommendations, and the date this • response was provided to the two investigators should be noted. [Ref. • 127.1(6)] • 4. If there is a disagreement, the matter can be referred to a Canada Health and • Safety Officer By the employer, employee or one of the investigators. • Ref. 127.1(8) • A Canada Health and Safety Officer, on completion of an investigation [Ref. 127.1(10)]: • 1. Shall issue directions for any findings of Danger under the Canada • Labour Code, • 2. May issue directions for any violations found under the Canada Labour • Code, • 3 May refer the issue back to the workplace in the absence of violations or • Danger

4. HOT ISSUES THE RIGHT TO REFUSE DANGEROUS WORK. Section 128.1 – If an employee while at work has reasonable cause to believe that: the use or operation of a machine or thing constitutes a danger to himself or another employee; or a condition exists in any place that constitutes a danger to the employee the performance of the activity by the employee constitutes a danger to the employee or another employee….. Then …….an employee may refuse to use or operate the machine or thing or work in that place or perform the activity. DEFINITION OF “DANGER” ….any existing or potential hazard or condition or any current or future activity that could reasonably beexpected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or theactivity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system. .

5. HOT ISSUES EXCEPTION TO THE REFUSAL An employee can’t refuse to use or operate a machine or work in a place when: Ref 128.2 It places the life, health or safety of another person directly in danger. The danger above is inherent in the employee’s work or is a normal condition of employment. Canada Labour Code Part 11 – Section 129 (5) (when referring to a 128) (5)Beforethe investigation and decision of a health and safety officer under this section, the employer may require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, to work in that place or to perform the activity referred to in subsection (1) unless (a) the other employee is qualified for the work; (b) the other employee has been advised of the refusal of the employee concerned and of the reasons for the refusal; and (c) the employer is satisfied on reasonable grounds that the other employee will not be put in danger. Letter “C”, in our opinion means that the employer must have investigated to determine that there is no danger. To say there is no danger prior to investigating would be inappropriate. .

6. HOT ISSUES 128 - REFUSAL TO WORK CANADA LABOUR CODE, PART II 1.An employee who refuses to operate a thing, work in a place, or perform an activity, because of perceived danger, shall report the circumstancesto his employer without delay and attempt to resolve with your immediate supervisorRef. 128.6 2. If possible, notify your union before you stop working. 3. The employer shall take immediate action to protect the employee, and shall inform the Workplace Committee of actions taken. Ref. 128. (8) 4. Employer shall forthwith investigate the refusal in presence of the refusing employee and employee member (UCCO-SACC-CSN) of Workplace Committee, or another person from workplace selected by the employee if a Committee member is not available. Ref.128.(10) 5. If Employer concludes “No Danger”, or takes corrective action that does not satisfy the employee, AND the employee is asked AND continues to refuse, the employer shall notify a Health and Safety Officer (HSO). Ref. 128.(13) 6. The HSO investigates in the presence of the employer, employee, and employee member (UCCO-SACC-CSN) of Workplace Committee. [Ref. 129 (1) 7. The HSO at completion of investigation decides whether or not danger exists, and gives immediate written notification of the decision to the employer and employee Ref. 129.(4) .

7. UPCOMING MEETINGS LABOUR MANAGEMENT MEETING (LMM) WHEN: TBA AGENDA ITEMS: SUGGEST AGENDA ITEMS BY: May 30, 2011 for June LMM HEALTH & SAFETY COMMITEE WHEN: TBA AGENDA ITEMS: SUGGEST AGENDA ITEMS BY:

8. MEETING UPDATES Bilateral Meeting May 3, 2011 Colin Coates, Wilf Bell and Angela Tofflemire -OMSR – everyone is to file out an application for an account as it is part of your duties while searching to use the inmate property sheets. -Construction Update– Request has gone in to extend the fence between the Annex and SIS, it is to be extended to Case Management building. There is going to be a new kitchen built and at that time there will be a discussion about what types of tables to put in the kitchen. The Warden is looking at McDonald’s style tables. Reinforcement of the Case management building has been discussed with Mike Ryan and Paul Cybulski. Windows in the cell doors of the 13 man unit are being replaced. They have already started this process. There will be a vestibule built inside the front door of the psychology department. The warden is going to look in to having the night lights in unit 3 hard wired. New mirrors and cameras are being installed in the front entrance. -Hoodies – the purchase of hoodies was to stop the second week of May and they will be off there issue by the middle of June. -Lockers have been ordered and the placement of them will be discussed when they arrive.

9. MEETING UPDATES -The protocol for the manual override in sallyport has not been completed yet. UCCO-SACC-CSN is going to sit down with someone from management to write the protocol. -The OT statistics sheet will be post so that all CX will know what the hours are. The Warden is going to ask RHQ if the posting can be e-mailed to everyone. -Searching of visitor vehicles needs to be included in the search plan in order for their vehicles to be search routinely. The warden will authorize a search when required.

10. ACHIEVEMENTS Two officers at Bath recently took an overnight escort and when they returned they were told that they could not be reimbursed for there out of pocket expenses because of a NHQ spending freeze. Colin spoke to the Regional President and the Deputy Commissioner about this issue . When Colin spoke to the Deputy Warden the next day he had a change of heart and they will be paid for their expenses. In the future if anyone is asked to take an overnight escort then you should fill out a Travel Authority and Advance form gc72. CSC should be making the hotel arrangements with their credit card, but if they do not then phone a hotel in the area you are going to and get the government rate and mark it on you Travel Authority and Advance .When filling out this form do not forget to include meals and incidentals . The rates are as follows Breakfast $14.80, Lunch $13.90, Supper $39.20 and incidentals $ 17.30 per day. When you have this completed personally walk it over to the Deputy Warden or Warden and have them sign it. If they refuse then tell them that you are not going to take the escort. If they sign it then walk it to finance and have them process it and tell them what day you need it for. When you return from the escort fill out the Record of Travel form gc 74 and Travel Expense Claim form gc73 attach all receipts and the Travel Authority and Advance and submit to finance.