Unpaid overtime violates collective agreement

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.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 09/14/2012

The union for workers at a provincially owned insurance company filed a policy grievance claiming that the employer was knowingly failing to pay workers for time worked beyond the negotiated hours of work.

Hours of work for the 5,200 workers employed by the provincial Crown Corporation were established by the collective agreement.

The collective agreement also specified that all time worked in excess of regularly scheduled hours was to be paid at the appropriate overtime rates.