Regular Overtime Does Not Lengthen “Scheduled Shift”

|Canadian Labour Reporter|Last Updated: 02/03/2011

Following renewal of the collective agreement, a dispute arose over entitlements to $8.00 meal allowances for employees working overtime.

While the language concerning meal allowances had been in the collective agreement for many years, the employer served notice that it had reinterpreted the language and determined that meal allowances were now due only when employees worked two or more hours beyond their scheduled shift.

The employer said that workers who had at least 24 hours’ notice prior to working overtime were not entitled to the allowance because they were, in effect, working a scheduled 10-hour shift. Management rights, said the employer, gave it the right to determine the scheduling of operations in this way.