In follow-up to our June 30, 2022 bulletin (by clicking here) on this matter, we are here to report that Arbitrator Vince Ready has provided a supplemental award regarding the Rouge Duty Overtime Premium.
In the initial Interest Arbitration award, the following language was awarded:
L55.07.06 Whenever an employee’s duty period is extended past 14 hours, and the employee did not self-impose the extension by changing a deadhead, the employee will be paid an additional $100 for every additional hour the duty period is extended.
The above premium in no way prevents an employee from taking crew rest as per article L55.15.01.04.
The Union’s interpretation of this article was that the minute your duty period extended beyond 14 hours, you would be entitled to $100 in compensation and a further $100 above 15 hours, and a further $100 above 16 hours etc.
The Company took a different interpretation in that you must work a full additional hour beyond 14 hours before being eligible for the additional $100 in compensation. In their interpretation, if your duty day was extended to 14:59, there would be no requirement to provide any compensation as you did not reach 15 hours.
Both Parties submitted detailed written submissions.
The Company initially took the position that the Arbitrator didn’t have jurisdiction to clarify his award, and that his initial award was clear and unambiguous. Alternatively, they took the position that if the overtime premium was to be triggered at 14 hours it should be prorated and not trigger a full $100 the minute you go beyond 14 hours. It also requested that a maximum cap be introduced as the Employer notes that a duty period in the high 20’s or low 30-hour range are “highly probable”.
Arbitrator Ready issued a supplemental award last night amending the awarded language as follows:
L55.07.06 Whenever an employee’s duty period is extended past 14 hours, and the employee did not self-impose the extension by changing a deadhead, the employee will be paid an additional $100 for every additional hour or part thereof the duty period is extended up to a maximum of $300 per occurrence.
The above premium in no way prevents an employee from taking crew rest as per article L55.15.01.04.
The resulting clarification is a bit of a mixed bag. We are happy that the arbitrator upheld the Union’s interpretation that the overtime premium is triggered at 14 hours and that he did not introduce the Employer’s request for proration. However, he did introduce a cap of $300 so that there is no additional premium once your duty period extends beyond 16 hours. This is disappointing as the initial award did not include such a cap. However, with no additional compensation for a further duty day extension it should empower our Rouge members to book crew rest as soon as a duty period is projected to exceed 17 hours as per L55.15.01.04.
A full copy of the supplemental award can be accessed (by clicking here). We will now discuss with the Company the implementation of this amended language and its retroactivity. We hope to provide a further update shortly.
In solidarity,
Your ACCEX