Bulletin
FBC-CSC-Overtime Compensation Policy Grievance Update
July 20, 2021
To: All MoveUP Members at FortisBC-CSC
We are writing to let you know that upon our review and preparation for arbitration, the Union has withdrawn the Policy grievance pertaining to the interpretation and application of Article 16.01 (a), which states the following:
16.01 Overtime Rates
(a) All time worked in excess of 7.5 hours in a day or 37.5 hours in a week, shall be paid at the rate of double time (200%), except an employee who works more than 7.5 hours in order to complete a customer call shall be paid straight-time rates until such call is completed.
You may recall that we wrote to you in late November 2020, informing you that the Union had filed a policy grievance regarding the Company’s interpretation of the above noted article. We had identified that the Company was not providing employees with overtime pay if they had taken a “paid leave” during their 7.5 hour workday or their 37.5 hour work week, if they worked overtime hours.
Unfortunately, the Union has made the decision not to proceed to arbitration as we would not likely succeed, as the arbitral jurisprudence supports the fact that “all time worked”, means just that, in order to receive over time rates of pay, one must work all the hours in the 7.5 hour work day or the 37.5 hour work week, if an employee was to receive compensation for any overtime hours.
For clarity, this means that any paid leave such as annual vacation, sick leave, statutory holidays and/or paid medical/dental appointments, will not be counted or used as “time worked” in an employee’s 7.5 hour workday or 37.5 hour work week. In closing, the Union has withdrawn the policy grievance.
If you have any further questions, please reach out to your job steward.
In solidarity,
Cindy A. Lee
Union Representative