Employees required to carry cell phones during breaks call for overtime pay

CUPE files grievance
|Canadian Labour Reporter|Last Updated: 09/14/2015

The Canadian Union of Public Employees Local 1550 filed a grievance against the Winnipeg Regional Health Authority when the employer required workers to remain on-site or to carry a cell phone during their paid rest period.

The union argued that the employees are essentially being required to work. When an employee is required to take a cell phone with her during a paid rest period, the union said, she remains under the employer’s direction and control.

As such, the union argued these paid rest periods should be treated as overtime, because the employees are being required to work in excess of their regular hours.