4 extra hours only counted as 2 hours since worker missed shift time
An employee who worked four hours past the end of his regular shift was only entitled to two hours of overtime when he spent two hours attending a union meeting, an arbitrator has ruled.
Raj Sharma was a dock worker for Canada Post at the Edmonton mail processing plant. He normally worked from 4 p.m. to midnight. On Feb. 13, 2007, Sharma requested time off to attend a union steward meeting, which was scheduled to run for two hours at the beginning of his shift. Canada Post granted his request, according to a collective agreement provision that allowed unpaid leave for employees who were required to “serve or work on behalf of the union.”
When the union steward meeting was finished, Sharma reported for his regular work duties at 6 p.m. During the shift, it was announced there would be overtime following the shift, lasting four hours. Sharma worked the full overtime period, finishing at 4 a.m.
Canada Post paid Sharma for two hours of overtime, with the other two coming in as regular pay and being marked on the payroll as “[email protected].” He also didn’t receive a meal allowance, which the collective agreement provided for in the event an employee worked more than two hours “in excess of his or her daily schedule or shift.”
Sharma filed a grievance, arguing he should have received four hours of overtime pay and a meal allowance since he worked four hours past the end of his normal shift. Since the collective agreement stipulated employees should remain “on the corporation’s payroll” if an employee took leave for union business, it should have considered the Feb. 13 shift a normal eight-hour shift before the overtime began, the union argued.
The employer disagreed, arguing employees were only entitled to overtime pay for hours they worked in excess of eight per day. On the day in question, Sharma only worked six hours before the extra hours began, so he only worked 10 hours in total — entitling him to only two hours of overtime pay, said Canada Post.
The arbitrator found the collective agreement specifically allowed for overtime pay “for all hours worked in excess of eight hours per day.” The word “worked” made it clear that this didn’t include time scheduled but spent on unpaid leave. Employees must work eight hours before being eligible for overtime rates, said the arbitrator.
The arbitrator pointed out that the collective agreement provision allowing for unpaid leave for union business mentioned employees taking such leave would remain on the payroll — providing “the convenience of an uninterrupted flow of earnings” and saving employees the hassle of having such leave deducted from their pay. There was nothing indicating time spent on union business would be considered as time worked, despite the fact Sharma’s payroll called the first two hours of the extra time as “[email protected].” Sharma worked 10 hours in total that day and therefore was entitled to two hours of overtime pay, not four, said the arbitrator.
Though Sharma indicated he might not have gone to the meeting if he knew he would experience a loss of earnings, this didn’t lead to any hindrance from Canada Post on him performing his union duties or discrimination against him because of those duties, said the arbitrator.
