FPSLREB Decisions

Pay - Standby - Whether grievors required to be available on standby - the grievors were dog handlers - the employer's manuals indicated that they had to be willing to work irregular hours on various shifts, to travel on very little notice and to be available at all times - the manuals also stated that dog handlers had to take care of their dog at all times and that they would be held accountable for any work refusal - the employer required the dog handlers to provide their home phone number, where they could be reached during off-duty hours - the grievors were called at home on numerous occasions to report back to work and were questioned about the reasons for their occasional refusal to do so - such calls were even received during holidays and sick leaves - the grievors were never specifically notified, either orally or in writing, that they were on standby - the collective agreement provides for the payment of standby pay, to which the grievors alleged being entitled - the employer responded that the grievors had not been required to be on standby and that such a requirement could not be implied - the adjudicator found that, although the employer had not officially asked the grievors to be on standby, it must be deemed, by its actions, to have required so - the adjudicator added that the employer had been remiss in providing its employees with clear directions regarding the issue of standby - the adjudicator commented that those grievances should have been settled long before they reached adjudication. Grievances allowed.