Correctional officers' boots no longer paid for
Taking a walk in a correctional officer’s shoes would raise a number of concerns — safety, in particular.
That matter was brought up by the union representing correctional officers at the North Slave Correctional Centre (NSCC) in Yellowknife. In 2010, the government-run facility introduced a new policy that did not require safety footwear. While correctional officers were still expected to wear black shoes or boots, management stopped paying out the contract’s annual safety footwear allowance of $250.
The Union of Northern Workers (UNW), affiliated with the Public Service Alliance of Canada, filed a grievance. Not only was the elimination of the requirement to wear safety footwear unreasonable because there was no internal or external safety consultation, but the change was unjustified. Even if the policy could be justified, UNW went on to say, specified footwear was part of a uniform and therefore correctional officers were entitled to free shoes or boots under the collective agreement.
"There was no explanation for why management decided to change the policy and cease requiring, and paying for, safety footwear," the union argued.
"To meet a reasonableness test, a change in policy required a rationale, and none had been provided," the UNW explained.
The province saw otherwise. It was up to the discretion of the correctional facility as to whether its officers required safety footwear. Furthermore, a requirement to wear black shoes or boots did not, as the union suggested, translate into a regulated uniform and did not warrant funding. Characterized by the province as a dress code and not a uniform, the black shoes or boots requirement should be treated as such.
For correctional officers at the NSCC, the employer provided free of charge shirts with badges, jackets, pants and ties.
"Shoes were not included because employees were permitted a great deal of discretion within a co-ordinated appearance," management explained. "There was no intent to achieve absolute consistency in footwear."
Under the collective agreement, the particulars for footwear was left open. Though officers were required to "wear full uniform at all times while on duty," footwear was not explicitly included in that list, instead the clause only mentioned that "staff shall wear only black shoes or boots with the uniform."
Allen Ponak, the judge presiding over the case, agreed with the correctional facility and threw out the union’s grievance.
Enacting rules with respect to safety equipment are well within the purview of management, Ponak said in his decision. That the NSCC no longer required safety footwear to be worn was valid. As for the safety concerns, the collective agreement did not dictate any consultation with health and safety committees or other such bodies, and as such, the move was justified.
Whether compensation for footwear was necessary was another matter.
"Does the fact that the standing order requires black footwear make footwear implicitly part of the correctional officer’s uniform, and therefore freely provided?" Ponak said.
While there is no dispute that employers have the absolute authority to implement dress codes for their employees, the issue becomes one of determining the point at which a dress code requirement to wear a certain type of clothing purchased at the employer’s expense is really a requirement to wear a uniform that must be provided by the employer.
"If the dress code requirement leaves no room for flexibility, then it is more likely to be viewed as a ‘uniform.’ On the other hand, if the dress requirement still allows flexibility over style and material, then it is less likely to meet the definition of a uniform," Ponak explained.
Because correctional officers at the NSCC had considerable cushion room — they could execute choices in terms of style, shade, material and could wear different shoes on different days — the footwear clause was a loose dress code, rather and an explicit uniform. Therefore, the grievance was dismissed.
Reference: Government of the Northwest Territories and the Union of Northern Workers, Public Service Alliance of Canada. Allen Ponak — arbitrator. Tricia Ralph for the employer, Michael Penner for the union. Dec. 14, 2013.
