HomeMy WebLinkAboutUnion 19-07-12In the Matter of an Arbitration
Between:
Cochrane Highway Maintenance Limited
(The "Employer")
-and-
Ontario Public Service Employees Union and on behalf its Local 649
(The "Union")
Re: Grievances 2018-0649-006;2018-0649-007
Arbitrator: Brian Sheehan
Appearances:
For the Employer:
For the Union:
David Defrancesco — Counsel
Dan Hales — Grievance Officer
Hearing conducted in Timmins on
July 9, 2019
This Award relates to an individual grievance and a policy grievance asserting
that there was an improper denial of overtime pay.
There was agreement that I was properly seized; and no other objections were
made to my jurisdiction to determine the grievances.
After hearing the representations of the Employer and the Union, and considering
the effect of the relevant articles of the Collective Agreement, I have concluded that only
time actually worked by an employee shall be considered in determining whether an
employee is entitled to overtime in accordance with Article 26 of the Collective
Agreement.
For further clarity, under the parties' Collective Agreement, an employee must
actually work eighty hours in a bi-weekly period in order to become entitled to an
overtime premium for hours actually worked in excess of 80 hours.
Hours paid, but which are not worked, like in connection with sick leave under
Article 29 and bereavement leave under Article 32, are not hours worked for purposes
of determining an employee's entitlement to overtime pay.
Accordingly, the grievances are, hereby dismissed, and the Employer may
continue to apply the Collective Agreement in accordance with this Award.
I shall remain seized in connection with the application, interpretation or
administration of this Award.
This Award is issued in Mississauga this 12th day of July, 2019
Brian Sheehan