July 24, 2026 at 10:00 PM
Earlier today, PASS members of Unifor Local 2002, District 266 exercised their legal right to refuse dangerous work while working in Non Passenger Screening Vehicle (NPSV).
The Union was extremely disappointed with the employer's response and what appeared to be a lack of understanding of the right-to-refuse process established under Part II of the Canada Labour Code.
The Union is also concerned that actions taken during the work refusal were perceived by members as intimidating.
Because the Union believed the employer was not following the required process under the Canada Labour Code, we contacted Employment and Social Development Canada (ESDC) through its emergency contact number to report the work refusal and the employer's handling of the incident.
KNOW YOUR RIGHTS
An employee covered by Part II of the Canada Labour Code may refuse work when they have reasonable cause to believe that:
- Using or operating a machine or thing presents a danger to themselves or another employee;
- Working in a particular place presents a danger; or
- Performing an activity presents a danger to themselves or another employee.
Please Note that Danger is defined in the CLC as:
"any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered."
When an employee exercises their right to refuse dangerous work, the employer must immediately investigate the situation in the employee's presence and provide the employee with a written report outlining the results of the investigation.
If the employee continues to believe that a danger exists following the employer’s investigation, the employer must notify the Workplace Health and Safety Committee. An employee representative and an employer representative from the committee must then conduct a joint investigation and provide written findings of their investigation.
Members are strongly encouraged to review the Government of Canada's information on the right to refuse dangerous work:
REPLACEMENT WORKERS
Section 129(5) of the Canada Labour Code also places restrictions on assigning another employee to perform the refused work. It states:
129(5) The employer shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity unless:
- (a) the other employee is qualified for the work;
- (b) the other employee has been advised of the refusal and the reasons for the refusal; and
- (c) the employer is satisfied on reasonable grounds that the other employee will not be put in danger.
Based on the information currently available to the Union, we believe this important requirement may not have been followed during this morning's incident. This matter has also been brought to the attention of the Employment and Social Development Canada (ESDC).
The Union can confirm that the condition - giving rise to the work refusal - has now been rectified and that work has resumed.
The purpose of this bulletin is to educate members about their rights under the Canada Labour Code and to remind everyone of the importance of following the legislated work refusal process. Every member has the right to raise health and safety concerns without fear of intimidation or reprisal, and every employer has a legal obligation to follow the process established by the Code and its regulations.
The Union will be following up on today's incident with ESDC and will pursue any additional remedies or avenues available under the Canada Labour Code, through the Canada Industrial Relations Board (CIRB), or before any other appropriate authority to ensure our members' rights are protected and respected.
If you have any questions about your rights, please contact your District Chairperson, Vice-Chairperson, or Health and Safety Representative.
In Solidarity,
Beverly Elfner – District Chairperson, D266
Sylvie Schmidt – Unifor Local 2002 National Health and Safety Coordinator
Harold Bateman – Assistant to the Unifor Local 2002 President
Tammy Moore – President of Unifor Local 2002
26-07-24 PASS Right to refuse bulletin EN.txt