Canada Post Corp v Canadian Union of Postal Workers
Casual Employees, Collective Agreement, Overtime, Reasonable, Rest Periods, Onus
Casual employees were called in to work during a high mail volume situation. Full time Employees grieved that this deprived them of overtime to which they had a right pursuant to the Collective Agreement. The Employer argued that the right to overtime is subject to a reasonable limitation and that this referred to requiring adequate rest periods and an assessment of the economic factor of the cost of overtime. Further, the Employer argued that the Grievor has the onus of proving that the Employer did not act reasonably in this context. The Union argued that the Employees deserved the overtime and that although the Collective Agreement recognized the requirements of rest periods, this was expressly not a consideration in the determination of overtime allotments.
Canada Post Corp v Canadian Union of Postal Workers (1985), 1985 CanLII 4700 (NSLA) (Arbitrator: Innis Christie).