Bulletin
FortisBC Served an Estoppel Notice Regarding a Change in Practice for our LOU #31 members
October 24, 2024
To: All MoveUP Members at FortisBC
This bulletin is to advise you that during bargaining, the company served your union with an estoppel notice.
Estoppel:
The company or the union can serve estoppel notice prior to bargaining to stop a practice that is contrary to the collective agreement. The party serving the estoppel notice can revert to the language of the collective agreement at the end of the current round of negotiations. This means that any practice that relates to compensation issues continues until the ratification of the new collective agreement.
The Estoppel Notice: Change of Practice – Premiums for Emergency & Operations Representatives (EORs) (Click here to view the Notice of Change)
The company had become aware that there had been an error on how shift premiums had been applied. They reviewed the premiums set out under Articles12.05 e) and 15.06.
Article 12.05 e) is a 12% shift premium for hours worked between 15:00 and 8:00 Monday to Friday and all hours worked on Saturday, Sunday or Statutory Holidays.
Members who fall under LOU #31 are excluded from all the conditions set out under Article 12.05 as stated in the collective agreement and have specific conditions under LOU #31 in consideration of the unique shift schedules.
LOU #31 members ought to have been using the pay code associated with Article 15.06, the non-core premium. This is also a 12% premium for all time worked before 06:30 am and after 17:30 pm.
The company identified this when noticing that members were entering the incorrect time code, thereby receiving a greater benefit than what they were entitled to.
The company has no interest in clawing back any such overpayments. They were providing notice that on a go-forward basis the company will be reverting to the administration of the shift premium to be in line with the plain language of the collective agreement as outlined in Article 15.06 of your collective agreement.
The company notified the union yesterday that this would come into effect October 26, 2024.
If you have any questions or concerns, please reach out to your bargaining committee.
In solidarity,
Your Bargaining Committee:
Norm Stickelmann, Executive Board Member
Michelle Simister, Executive Councillor
Charlie Lee, Executive Councillor
Lea McNaughton, Executive Councillor
Paul Voykin, Union Representative
April Young, Union Representative
