FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-09-07
- File: 166-2-33010
- Citation: 2005 PSLRB 133
Before an adjudicator
BETWEEN
BLAIR LEONARD WINGER
Grievor
and
TREASURY BOARD
(Department of National Defence)
Employer
EXPEDITED ADJUDICATION DECISION
Before: Yvon Tarte, adjudicator
For the Grievor: Cécile La Bissonnière, Public Service Alliance of Canada
For the Employer: Daniel Cyr, Department of National Defence
| Note : | The parties have agreed to deal with the grievance by way of expedited adjudication. The decision is final and binding on the parties and cannot constitute a precedent or be referred for judicial review to the Federal Court. |
August 26, 2005.
[1] This grievance concerns the interpretation of subclause 2.08(a) of the Operational Services collective agreement which reads as follows:
2.08(a) Except as provided in paragraph 2.08(b) and subject to clause 2.10, an employee is entitled to time and one–half compensation for each hour of overtime worked by the employee. When an employee is required to work overtime immediately following their scheduled shift, or on a day of rest, or designated paid holiday, which extends into his or her next scheduled shift, the employee will continue to be compensated at the applicable overtime rate until he or she has had a break of at least eight hours.
[2] On April 1, 2005, the Public Service Labour Relations Act, enacted by section 2 of the Public Service Modernization Act, S.C. 2003, c. 22, was proclaimed in force. Pursuant to section 61 of the Public Service Modernization Act, this reference to adjudication must be dealt with in accordance with the provisions of the Public Service Staff Relations Act, R.S.C., 1985, c. P–35 (the “former Act”).
[3] The facts as agreed upon by the parties show that Mr. Winger is an indeterminate firefighter (FR–01) employed by the Department of National Defence at CFB Suffield.
[4] On June 26, 2003, Mr. Winger worked a normal day shift from 08:00 to 18:00 hours, for which he was paid at a regular pay.
[5] The next day, the grievor worked an overtime shift from 08:00 to 18:00 hours for which he was paid at time and one half.
[6] Following the overtime shift on January 27, 2003, mentioned in the preceding paragraph, Mr. Winger worked a regularly scheduled shift from 18:00 to 08:00 hours on June 28, 2003. For this last shift, the grievor was paid at regular pay.
[7] Mr. Winger believes he is entitled to overtime payment for his scheduled shift (18:00 hours, January 27 to 08:00 hours, January 28) which immediately followed an overtime shift.
[8] In order to meet the requirements of subclause 2.08(a) in this case, the overtime shift worked would have had to follow a regularly scheduled shift.
[9] The facts as agreed upon by the parties are that the overtime shift worked by the grievor on January 27, 2003, preceded a regularly scheduled shift.
[10] Subclause 2.08(a) does not apply and the grievance must be denied.
Order
[11] The grievance is denied.
September 7, 2005.
Yvon Tarte,
adjudicator