PHYSICAL AGREEMENT
TITLE 105 - SAFETY
Section 105.5 Grievances
| Section | Date | Description |
|---|---|---|
| P RC 15307 | 8/5/2005 | DML given to a Fresno ECF for a failure to follow a safety work rule that resulted in a fire to a residence causing 3rd party injury, customer vehicle damage and a tree. Issue is considered moot since the DML has expired. |
| RC 11941 & 12013 | 8/16/2001 | These cases concern the DML and subsequent discharge of a Richmond Lineman for threatening comments and safety infractions. The grv. was reinstated as a Fieldman Gas T&D in Oakland with backpay at the Fieldman rate with benefits intact. He will be placed on a WR for the period of time that was remaining on the DML. |
| RC 11504 | 7/25/2001 | DML was issued to a Street Fitter for entering a hole with blowing gas which is an unsafe working practices. The DML has deactivated making the issue moot. Further, the RC agreed that if there is another grievance involving a DML entering an excavation with blowing gas, the parties may expedite the grv. to arbitration. |
| P-RC 2194 | 2/15/2000 | Case concerns LA 92-24 (health and safety guidelines for employees who utilize VDT). Since the parties locally were able to work out mutually satisfactory arrangements, no longer a need for the PRC to consider this case further. |
| P RC 1167 | 6/16/1987 | In case concerning grievance over Company's failure to process earlier grievance, LIC will investigate alleged safety violation and alleged harassment of grievant, using added information provided by Union. Guidelines from P RC 1059 (102.2) will be followed. See 3.4 and 102.2. |
| P RC 994 | 8/7/1985 | Auxiliary Operator, terminated following doctor's certifying that rotating shiftwork caused grievant's medical problems, was reinstated without back pay as Materialsman. Workers' Compensation Appeal pending. See 7.1. |
| P RC 822 | 5/18/1983 | Case concerning East Bay Division policy requiring a disciplinary letter for the first offense and not less than one day off for subsequent violations of rule requiring use of seat belt is referred to the Division Joint Grievance Committee, with RC 1547 (this section) attached for review. |
| ARB 72 | 1/22/1979 | Discharge upheld: GC regular employee refused to work in area of high radiation. Decision includes a thorough discussion of contract, Labor Management Relations Act, and state and federal law as they relate to employee and right to refuse dangerous work. See 500.5. |
| P RC 324 | 1/16/1978 | Changing method of monitoring radiation, in this case, is not a subject for the Grievance Procedure. See 107.1. |
| ARB 65 | 5/12/1977 | Three-day disciplinary layoff justified. Two Linemen had refused an order that violated G.O.-95 regarding climbing space where poles are jointly used by communication cables and electric transmission lines. Although a technical violation existed, subjective judgement of a real hazard missing. See 7.1. |
| P RC 283 | 2/28/1977 | Discipline reduced for Line Subforeman, who was aware of mechanical malfunction and did not act upon knowledge. See 7.1. |
| LA 2156 | 11/20/1975 | Because of psychological problems, Lineman on LTD returned to Groundman classification is not to have any assignment where he is responsible for other's safety. See 205.11 and 612.2. |
| P RC 146 | 8/12/1975 | Lineman first refused an order he believed to be a violation of a safety regulation, then agreed to perform work and received three-day disciplinary layoff. Wages were restored when ruling was made that work in question was a violation of State Safety Orders. See 612.2. |
| RC 1211 | 10/29/1974 | Issue of safety as proper issue for Grievance Procedure. JGC will determine if Company provided for safety of employee in this case. See RC 1061, this section. |
| RC 1359 | 9/13/1974 | Bypass based on hearing problems. Grievance withdrawn by grievant for personal reasons. See also 205.11. |
| RC 1094 | 6/26/1973 | Discipline for apprentice who refused to perform work he believed to be unsafe. Refused to rely on judgement of foreman and journeyman. Job was within the standard of risks acceptable to such a job. See 7.1. |
| RC 1153 | 7/21/1972 | Grievant required to drive truck with inoperative speedometer, which is not a violation of contract. Truck to be repaired, driving limited. |
| RC 1046 | 2/9/1971 | Disciplinary suspension of two days for Lineman, following refusal to accept job of washing insulators, which he felt was unsafe. See 7.1. |
| RCs 716 & 717 | 3/13/1967 | Stockton Division shall stop practice of using Voltage Testers to refuse distribution transformers, used as potential transformers, when making voltage surveys. See 612.2. |
| RC 82 | 2/8/1955 | In this case, Voltage Testers were not required to work alone dangerously near live lines of more than 750 volts. |