Canada Post Corp v Canadian Union of Postal Workers
Overtime, Management Right, Procedure, Day Shift, Structure, Collective Agreement
Overtime was required on a day shift. It is management's right to determine how many hours needed and how these hours are to be structured or distributed, in this case, an 8 hour period by one person. There is a set procedure for offering overtime to the employees and the problem arose as follows. Because management wanted the hours worked continuously, it was first offered to workers completing the night shift, all of whom refused, and then offered to employees on the Rest Days off list, one of whom accepted. Several workers on the day shift, who could have worked part of the overtime prior to their regular shift, were not given the opportunity to do so. The Employer says it was their practice not to call in workers prior to their shift, and as the work was to be done by one person working 8 hours, it was not possible for anyone on the day shift to fill this requirement. The Union says that after those completing a shift have been offered the overtime, workers on the upcoming shift are next in line regardless of their ability to complete the full amount of overtime.
Canada Post Corp v Canadian Union of Postal Workers (1983), 1983 CanLII 4253 (NSLA) (Arbitrator: Innis Christie).