Valley Health Services Assn v Nova Scotia Government Employees Union (NSGEU), Local 18
Collective Agreement, Overtime Clauses, Excess, Regular Rate, Double Time
The Grievor normally worked Monday to Friday and every fifth weekend, with the following Thursday and Friday off. On a Friday evening, the Grievor was notified that he would have to work Saturday and Sunday in place of the regularly scheduled employee who was sick. According to the overtime clauses in the Collective Agreement, the time worked in excess of regularly scheduled shifts is to be paid at one and a half times the regular rate. Further, an employee who is required to work overtime on his second or subsequent day of rest is entitled to double time for all hours worked'. The Employer argues that the overtime provisions do not apply to the Sunday because the Grievor received twenty-four hours' notice as specified in the provisions for schedule changes. The Grievor was given the following Friday off; he was not given a choice between time off and overtime pay. The Grievor seeks overtime of double the regular rate for the Sunday worked.
Valley Health Services Assn v Nova Scotia Government Employees Union (NSGEU), Local 18 (1986), 1986 CanLII 5976, 2 CLAS 2 (NSLA) (Arbitrator: Innis Christie).