Agreement on Overtime Does Not Include Holidays

Bargaining proposal did not mention statutory holidays specifically
|Canadian Labour Reporter|Last Updated: 01/27/2011

After bargaining concessions on overtime rates, the employer attempted to apply the new pay scale to work performed on holidays. The union grieved.

The employer — a producer of packaging extrusion — operated numerous plants in the United States and Canada. The facilities maintained a continuous, 12-hour schedule. Except for Christmas and New Year’s, employees were routinely expected to work statutory holidays. According to the terms of the collective agreement, workers were paid 1.75 times their regular rate for overtime and for work performed on statutory holidays.

In negotiations for a new collective agreement in the fall of 2009, the employer was seeking significant concessions from the union.