IATSE Local 906A and Fathers of Confederation Buildings Trust Operating Confederation Centre of the Arts

June 11, 2021
Collective Agreement Interpretation

(decision dated November 30, 2018 of Arbitrator Drysdale)

In this decision dated November 30, 2018, Arbitrator Drysdale considered a grievance regarding the compensation for stagehands working more than five hours at the Confederation Centre in Prince Edward Island during theatre season. The Union filed a Grievance on behalf of Bill Higgins alleging that the employer has violated past practice.

The Union argued that workers who work more than 5 hours are entitled to

- a bonus of $3.50 per hour
- an additional hour of pay
- a meal with a proper meal break
- a proper meal

The Union introduced evidence of past practice that indicated that the Employer had been providing such items for many years, and changed its practice in summer 2018. The Employer argued it discussed the changes to article 14 with the union, and changed the wording accordingly.

The Arbitrator focused on the written words of Article 14 and determined the wording is confusing and vague. Nonetheless the Arbitrator denied the grievance because the past practice evidence was insufficient to support the Union’s past practice argument. The Arbitrator was limited to examining the words of the Collective Agreement.

The benefit under the language in the collective agreement did not provide for a compounding of the benefit. The language used was not “in addition to” or any similar words to that affect. Therefore the arbitrator determined that workers get either benefits under 14.04 of the CA or benefits under 14.05, 14.06 and 14.07 depending on the situation. The arbitrator dismissed the grievance and provided the following interpretation of the articles

Article	Interpretation
14.03: Working more than five (5) hours without a meal break will be permitted only when absolutely necessary and with the permission of the Business Agent of I.A.T.S.E. Local 906A, except as provided in Articles 14.05 and 14.06.	Usually a worker will get a meal break after 5 hours, but that rule can be changed when absolutely necessary if approved -except for 14.05 and 14.06
14.04: Except as provided under Section 14.05, 14.06, and 14.07, if the number of consecutive worked hours exceeds five (5), as provided in Section 14.03, there will be a bonus of an additional hour’s pay at straight time and a proper meal will be provided for each person and paid for by Management. One-half hour will be allowed for employees to eat this meal.	If a worker works more than 5 consecutive hours, the worker gets a bonus and a proper meal, and half an hour to eat it -except for 14.05, 14.06 and 14.07
14.05 Section 14.03 does not apply when on a specific show call or combination of show and changeover; any time over five (5) hours will be paid at the prevailing rate plus a bonus of $3.50 per hour.	Described the benefit for working a specific show call or combination show and changeover (bonus of $3.50 per hour over 5 hours), but says nothing about a meal
14.06 Section 14.03 does not apply when on days when two performances are scheduled and it is impossible for the personnel involved to have a full one hour meal break, a bonus of one extra hour’s pay at straight time and a proper meal will be provided for each person paid for by Management. One-half hour will be allowed for employees to eat this meal	Describes the benefit for working two performances where impossible to take one break (bonus of one hours pay straight time and a proper meal, with one-half hour to eat it).

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