Eastern Provincial Airways Ltd v Canadian Air Line Employees Assn
Collective Agreement, Part-Time Employees, Reduction, Economic Conditions, Letter of Understanding, Overtime
During the last Collective Agreement, articles governing part-time Employees were incorporated in anticipation of the reduction of the hours of some full-time Employees to that of part-time in light of economic conditions. The Letter of Understanding accompanying the Agreement limited the hours of work of a part-time Employee to four (4) consecutive hours a day and a maximum twenty (20) hours per week. The Company initiated a schedule where part-time Employees worked four hours and fifteen minutes each day for six days and then had three days off. The Union grieved that this scheduling exceeded the maximum hours allowed in the Letter of Understanding, thereby depriving full-time Employees of overtime work. The Company relied on the article of the Collective Agreement stating that total number of hours in the shift schedule for full-time Employees was the equivalent of forty hours. Counsel argued that this implied averaging and by implication from the incorporation by reference to that article in the Letter of Understanding allows for averaging for part-time Employees as well.
Eastern Provincial Airways Ltd v Canadian Air Line Employees Assn (1983), 1983 CanLII 4291 (NSLA) (Arbitrator: Innis Christie).