FPSLREB Decisions

Leave with pay for family-related responsibilities - Variable shift schedule - Length of a day - the grievors worked variable shifts - the length of their shifts was in excess of 7.5 hours per day - in the fiscal year, the grievors took the maximum five days of leave with pay for family-related responsibilities - the employer paid those leaves on the basis of the length of the grievors' shifts - it then reclaimed from the grievors the amounts in excess of 37.5 hours' pay (5 times 7.5 hours) - one grievor had received a 10-day suspension in the past, which was calculated by the employer to equal 10 shifts' pay, not 75 hours (10 times 7.5 hours) - the variable shift schedule averaged 37.5 hours per week over a period of 56 days - shifts varied in length from 7 to 13.5 hours - the grievors argued that the collective agreement defines a leave as an "authorized absence from duty by an employee during his or her regular or normal hours of work" - they added that the collective agreement provides for leave with pay for family-related responsibilities on the basis of days, not hours - the employer responded that the collective agreement defines a normal workday as 7.5 consecutive hours - it added that the variable shift schedule does not affect the length of a day for the purposes of the collective agreement - it argued that the collective agreement provides for leave credits to be converted into hours - the adjudicator found that, although both parties had an arguable case, the grievors' position was the most appropriate in the circumstances - the adjudicator found that the employer's view would perpetrate an unfairness on those employees who work long shifts and that it violated the collective agreement - the adjudicator ordered the employer to reimburse the grievors any money reclaimed on their pay as an overpayment for leave with pay for family-related responsibilities. Grievances allowed.Case cited:Phillips (166-2-20099). ________________________