ICBC – Unpaid Overtime and Working for Free Must Stop!

Recently, we have heard that some of our members are, once again, skipping breaks and working unpaid overtime to keep up with their work demands. We know this tends to happen when workers feel overwhelmed and overloaded, and when they are trying to meet the rising demands of managers and the customers they support.

We also know that ICBC staff are passionate about their work and incredibly dedicated to the customers they serve. ICBC’s managers and customers should be incredibly grateful for the employees’ dedication and hard work. We are very proud to tell people outside our union how deeply committed the staff at ICBC are to their customers. However, your commitment must not come at your own personal expense.

 Why is unpaid overtime, including working through breaks, a problem?

 To start, it is a violation of our collective agreement. Article 14.04 states that “…time worked in excess of the regular daily or weekly hours of work …shall be paid at overtime rates…” And if you are getting paid, Article 14.03 explains how your overtime is calculated when it is added to your existing shift. Please review the language below and be sure you are correctly claiming the amount you are owed.

Unpaid overtime = less staff and less support. Let’s do the math. If 75% of our 5,000 members work even two hours a week of unpaid work, that is the equivalent of about 200 jobs. Imagine what it would be like in your department if you had more staff. If you work unpaid overtime, there will be less reason for your employer to staff appropriately because the work is getting done and so what would be their incentive to hire more staff?

Your mental and physical health must come first. Skipping breaks and working unpaid overtime is unsustainable in the long run. Burnout, mental and physical distress, and eventually illness, is just around the corner if you continue to work through breaks, work unpaid overtime and don’t take your well-earned time off. Friends, your health and well-being will always be more important than any file, claim, customer, call, road test, or report.

Workload will never be resolved through unpaid overtime. If anything, unpaid overtime only makes the problem worse. Working a little longer, missing breaks, starting early, or not taking your vacation and/or TO days has never solved the workload problem and it never will. If we want to fix the workload problem, we need to take control of our work hours, continue to do our best during the time we are on duty, and then let what we can’t get done pile up. We don’t own the work, so let’s not ‘own’ the stress when it doesn’t get completed.

Here are some tips each person can use to take control of their situation.

1. Email or call your manager to discuss the work that you feel can’t wait and would require additional time to complete. Advise them what the impact would be if you are unable to complete the work, (e.g. impact to your mental health, unanswered emails/phone calls, delayed review of transferred files, late reports, delayed road tests, missed deadlines, etc.) Ask for overtime, assistance, or other solutions so that you can complete the work and safeguard your mental wellness. Most importantly — If your manager does not approve overtime, do not work additional time. Leave the work until the next day. We do not want anyone to be disciplined for defying a direct order. Remember, you will have done your due diligence to let them know the consequences of the work not being completed. Let it go.
2. If you inadvertently work additional time, complete your online reporting form, and advise your manager or supervisor so they are aware. This should also include your unpaid lunch break if you worked through that time.
3. Keep a copy of your OT claim and emails to your manager. It may be needed for a grievance, if that becomes necessary. If your claim is denied for overtime, you inadvertently worked, speak to a Job Steward, and prepare to file a grievance.
4. Take care of your mental health. Taking your breaks, limiting your hours of work, and taking your vacation time, will help you take back some control of your work and your mental wellness. If you need support, you can also take advantage of the confidential Joint Employee and Family Assistance Program 1-866-395-9191.
5. Remind yourself that the work— the files, claims, road tests and appointments – belongs to the employer and not you. Don’t take this on yourself. Donating your personal time to customers is a laudable sentiment, but ultimately, it isn’t in your best interests.

We must not allow ourselves to work through breaks, start early or work late for free. Working unpaid overtime must stop now.

So, how do you calculate overtime if you have found yourself working beyond your regularly scheduled working hours? The Collective Agreement states:

14.03 Overtime Rate Calculation
Overtime rates will be calculated using hourly rates established in Article 11. Shift or standby premiums will not form part of the hourly rate calculations for overtime purposes. Overtime will be calculated to the next highest fifteen (15) minutes, however the minimum overtime pay for any overtime worked shall be one-half (0.5) hour.

If you have concerns about workload or have questions about working unpaid overtime, please contact your Job Steward to discuss your concerns.

In solidarity,

Yudon Garie, Union Representative
Cathy Royle, Union Representative
Sara Colliss, Union Representative
Dora Wong, Union Representative
Ronnie Ho, Union Representative
Trevor Hansen, Senior Union Representative
Dimitri Ossinsky, Vice-President, ICBC

File Number:

Union Label: 24-ICBC-BLTN-Unpaid Overtime and Working for Free Must Stop!-November 28 2024

Reply to: hparmar@moveuptogether.ca