- May 25, 2021
- Collective Agreement Interpretation
The arbitrator (MacDowell) found in favour of local 58 in a dispute involving the application of section 7.6 of the collective agreement – rest periods. Article 7.6 requires “a minimum 8 hour rest period between the conclusion of an employee’s final work or performance call if he has worked at least (8) hours on one calendar day and the recall of that employee on the following calendar day.” The local claimed that some of its members were entitled to “premium pay” under section 7.6 of the collective agreement when they worked on two successive calendar days without an eight hour break in between work assignments (Celine Dion and Janet Jackson concerts on September 27th and 28th, 2008). The Employer argued that it was not required to pay the “premium pay” because in supplying the workers the local had breached Section 18 of the Employment Standards Act (ESA) which provides for 11 hours rest daily periods. In the Employer’s submission, Article 7.6 would apply only where the Employer makes a conscious decision to “recall” a particular worker. The arbitrator rejected the Employer’s argument. Assuming, without finding that there was a contravention of the ESA, this would not relieve the Employer of the obligation to pay workers “premium pay” under article 7.6 of the collective agreement – even if those workers were working contrary the requirements of the ESA.