Employee Grievance, Holiday Pay, Warehouseman, Labour Day, Collective Agreement, Birthday
Employee Grievance relating to holiday pay.
The parties agreed that at all relevant times the grievor, Daniel Richard, was a warehouseman — first aid man, working in the warehouse operation. His birthday fell on September 2, 1980. He started work on August 9, 1979. In that year Labour Day fell on September 2nd and he worked on Labour Day so that in accordance with the collective agreement the following day, September 3rd, was considered to be his birthday holiday. He worked that day as well. On September 3, 1979, the grievor was scheduled to work and did work on the afternoon shift whereas on the first day of September, 1980, he worked on the day shift and was scheduled to work on the day shift on his birthday, September 2nd. On August 27, 1980, six days prior to his birthday, the grievor was notified by his supervisor, a Mr. Tate, not to work on his birthday. Accordingly, he did not work on September 2, 1980, and was paid the basic straight-time rate of pay for that holiday.
Re Utah Mines Ltd and International Union of Operating Engineers, Local 115 (1981), 1981 CanLII 4393, 30 LAC (2d) 281 (BCLA) (Arbitrator: I. Christie).