As part of the Interest Arbitration award issued by Arbitrator Vince Ready, the Union was awarded language to provide Air Canada Rouge crew members a Duty Overtime premium. Arbitrator Ready awarded the following language:
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 is that the minute your duty period extends beyond 14 hours, you would be entitled to $100 in compensation and a further $100 above 15 hours, a further $100 above 16 hours etc.
The Company has taken a different interpretation in that you must work a full additional hour beyond 14 hours before being eligible for the additional $100 in compensation. So 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.
The Union finds the Company’s interpretation flawed as the first portion of the awarded language states “Whenever an employee’s duty period is extended past 14 hours” which is clear what was to trigger the first payment of $100. In addition, part of the Arbitrator’s award makes mention of Rouge’s direct comparators receiving this benefit. WestJet, Air Transat, Sunwing, Swoop collective agreements provide for premium pay that is triggered as soon as a member’s duty period exceed their scheduled maximum, so why would it start an hour later at Rouge?
As such our Legal Counsel has reached out to the Arbitrator’s office asking that he clarify the intent of his award. We will keep members informed of any developments as they become available.