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Sep 17, 2012 Print Edition:
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Recent case in B.C. shows employers could be liable for unpaid overtime: Lawyer
Province-wide in Ontario (10,683 faculty members at 24 community colleges) and the Ontario Public Service Employees Union
British Columbia (625 inside and outside employees) and the Canadian Union of Public Employees, Local 387
Toronto, Ontario (35 employees of a packaging company) and the Communications, Energy and Paperworkers, Local 591G
Edmonton, Alberta (78 employees supplying steel and fabricating equipment for the oil and gas industry) and the United Steelworkers, Local 5575
Granby, Quebec (163 employees making pipe fittings) and an affiliate of the Confédération des syndicats nationaux
Pembroke, Ontario (40 employees of a long-term care facility) and the Canadian Union of Public Employees, Local 3881
The hospital reorganized the grievor's unit in a way she disagreed with. She did not treat the new employees, who had lower qualifications, in a respectful way. The grievor was terminated for harassment. The arbitrator found that her conduct was not worthy of termination, but that she should not be reinstated.
Employees were working voluntary, unpaid overtime. The company and the union were both aware of it, but the company made no effective moves to stop it. The arbitrator upheld the grievance, agreeing that the language was clear and the company was gaining a benefit from allowing the practice to continue.