TEAM-IFPTE Local 161OT, Call-Out, Duty Manager Pay

Fairmont Hotel – February 28th, 2013

Masonic Temple – March 1st, 2013

Agenda

Welcome Background

Relevant Articles & Labour Law MTS “Special Arrangements”

Arbitration decision Why it matters So now what… Q&A

Article 21 – OvertimeApplies to everyone in TEAM

21.01 When an employee is authorized to work beyond the normal work day, such additional hours shall be considered as overtime and will be compensated for at the applicable overtime rate.

21.03.1 A call-out for immediate reporting to the workplace will be paid at the applicable overtime rate from the time the employee is called and shall continue after completion of the job for such period as reasonably necessary to travel home.

21.03.2 A minimum of two (2) hours shall be paid for call-out overtime.

Labour LawAlso applies to everyone in TEAM

Section 174 of Part III of the Canada Labour Code:

“When an employee is required or permitted to work in excess of the standard hours of work, the employee shall, subject to any regulations made pursuant to section 175, be paid for the overtime at a rate of wages not less than one and one-half times his regular rate of wages.” (emphasis added)

Article 24 - Duty ManagerAnyone directed to be available

24.01 Due to the nature of its operation, the Company may direct an employee to be available for work outside normal working hours, and he/she shall receive Duty Manager pay at the rate of two (2) hours pay per day for each day he/she is required to be available.

24.02.1 In addition to the monies paid in Article 24.01 above, a call-out for immediate reporting to the workplace will be paid at the applicable overtime rate from the time the employee is called and shall continue after completion of the job for such period as reasonably necessary to travel home.

24.02.2 A minimum of two (2) hours shall be paid for call-out overtime.

MTS’ Special Arrangements for some employees

Developed its own criteria for paying call-out overtime in the ITSM group.

Brandon Director – add up time worked and bill for total hours.

Various – employees told required to take smartphone home without Duty Manager pay.

Consequences

We filed several grievances: Policy (ITSM) Individuals

Company Denied grievances.

We filed for Arbitration (ITSM group).

Arbitration Decision

Grievance dismissed:

The minimum two hours pay for call-out only applies if you return to an MTS building.

Not a Unanimous Decision.

Extensive Dissenting Opinion.

Why It Matters

Company has given notice that after conclusion of negotiations it will follow the ruling i.e.

You will have to come into an MTS building to receive the minimum two hours call-out overtime pay.

If you resolve the issue remotely, such as from home, you will receive overtime pay for the time worked.

So now what…

Filed for judicial review - could take over a year to conclude the process.

Attempt to change Article wording at the negotiating table.

We need you to show your support.

Questions for You

1. Who has to be available for work outside normal working hours?

2. Who claims the two hours per day for each day they have to be available?

3. Who is being paid to take a call or respond to a system alert?

4. Who is claiming the minimum two hours?

Show that this matters

Are you willing to sign a petition to Kelvin?

Would you send a signed letter to the MTS Board?

Stronger actions require a strike mandate – we’ll ask you first!

Overtime, Duty Manager and Call-Out Pay

If you currently claim Duty Manager pay and the minimum two hours for a call-out, continue to do so. Call us if you are directed otherwise.

If you’re required to be available to respond to a call or email outside normal working hours ask if you will receive Duty Manager pay. Call us if the answer is no!

If you have to work beyond the normal working day, always let your manager know. Your manager has the authority to tell you not to, or authorize overtime. Call us if you wish to discuss.

Q&A

204-984-9470team@teamunion.mb.ca

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