No reporting pay for workers sent home during power outage

Reason for lack of work outside of employer’s control
By Jeffrey R. Smith
|Canadian Labour Reporter|Last Updated: 04/11/2016

An Ontario employer does not have to pay unionized employees for a shift after they arrived at work, were sent home and then told to come back a few hours later, an arbitrator has ruled.

Gentek Building Products is a manufacturer of vinyl windows in London, Ont. It has a busy production season running from April to October each year and employs about 150 unionized workers at its plant. The workers work nine- or 10-hour shifts each day, Monday through Friday.

Gentek’s collective agreement with Unifor Local 27 had a clause covering reporting pay which stipulated “an employee called to work or permitted to go to work without having been properly notified that there will be no work, or insufficient work shall receive a minimum of four hours' work or pay at his basic hourly rate, unless the lack of work has arisen by reason of a labour dispute or other conditions beyond the control of management, or unless he refused to do any work assigned to him.”