Employer may assign shifts to part-timers

Collective agreement does not limit the way new classification can be used.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/04/2011

When the employer called in designated weekend, part-time workers to fill in for a Facility Operator who was going to be absent for five days, the union grieved. The union argued that past practice compelled the employer to offer the shifts to other Facility Operators on an overtime basis.

Employed by a municipality, H.C. was one of three Facility Operators regularly scheduled to operate an arena. H.C. worked the day shift on January 19, 2009. Scheduled to work the following afternoon shift, his colleague B.B. — also a Facility Operator — called in sick. In fact, B.B. informed the employer that he would be unable to work all of his scheduled afternoon shifts that week.

As the most senior operator, H.C. was given the opportunity to work a double, and cover B.B.’s shift on January 19. He declined.