Bulletin
FortisBC-CSC – Overtime Policy Grievance Filed
November 5, 2020
To: All MoveUP Members at FortisBC CSC
We have recently been contacted by a number of members regarding the Company’s latest action of not compensating members for working overtime on scheduled days off.
The Company has taken the position that if a member has “not physically worked” their 7.5 hours in a day or the 37.5 hours in a week, they are not entitled to receive overtime rates of pay for days that fall outside of their regular work schedule. The Company has taken the position that “all time worked” means just that, in that you need to have worked all of the hours in your day or your work week to be entitled to receive overtime rates of pay for any work that is on your scheduled days off.
What does this mean?
This means, that if you took a vacation day during your regular 37.5 hour work week, and you then accepted an offer to work on one of your scheduled days off, such as a Saturday or Sunday, the Company will not pay you overtime for working the Saturday, they will only pay you straight time. The Company is then identifying that this is “extra time” and not overtime because you did not physically work on your vacation day, so you do not get to include those hours towards the 37.5 hour work week.
For the members who received a lieu day as a result of the Statutory Holiday, Thanksgiving Day, falling on their scheduled day off, and then were offered to work on their regular scheduled day off in that same 37.5 hour work week, the Company will not pay you overtime rates for those hours. Again, the Company is identifying this as “extra time” and will not compensate you for overtime on your scheduled day off.
The Union asserts that any time associated to an earned benefit, such as vacation leave, statutory holiday leave and sick leave are earned benefits and are to be included in “all time worked”. Also, the use of the phrase “extra time” is the Company’s verbiage, and these words are not associated to overtime in any manner. The only reference to extra time is seen in Article 9.04 when granting more time for members who have taken medical/dental leave. It is not a term to be utilized for compensation of hours worked outside of one’s regular scheduled work week.
If you have been denied overtime pay for hours that you have worked outside of your regular scheduled work week then please contact a job steward and initiate an investigation for the purpose of filing a grievance.
We hope that this information has assisted you.If you have any questions or concerns please contact your job steward.
In solidarity,
Cindy A. Lee
Union Representative