- May 25, 2021
- Collective Agreement Interpretation
A group of transportation employees performed work starting at 2:00am on the sixth day and the employer refused to pay them their sixth day premium, arguing that the work they had performed was work generally scheduled and performed by other crew members on the fifth day. The arbitrator considered the definition of the word “day” under the collective agreement and found that the group of transportation employees were entitled to the sixth day premium because their shifts commenced on the sixth day. If an employee had begun their shift on the fifth day and continued working past midnight on the sixth day, the work performed on the sixth day would not be subject to the sixth day premium because it would form part of the fifth day call.