- May 25, 2021
- Collective Agreement Interpretation
The issue raised by the grievance was whether the employer violated the collective agreement by failing to pay the double time rate for time worked by employees at both theatres on December 19, 1994. The resolution of the matter involved a determination of whether a fax of a revised schedule containing the phrase “DARK” constituted proper timely notice of a change of day off in compliance with article 4.03 of the collective agreement. The arbitrator found in favour of the local. In particular, she concluded that it was not reasonable for the employer to conclude that the local could discern from the revised schedule alone that it intended to change the designated day off from Monday to another specific day or days. The use of the term “DARK” without the additional designation of “No Performance” or “Designated Day Off” was not sufficient to inform the local that the day off was being changed. The term “DARK” means only that there is no show scheduled, and is not synonymous with designated day off. Where there are normally two “DARK” days on the schedule in a given week, the meaning of the word is not obviously apparent. The employer was therefore obligated to pay double time for all work performed under the agreement on December 19, 2004.