PRESS RELEASE: JULY 08, 2009

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UFCW Local 247 Wins Important Overtime Arbitration at Westfair Warehouse

In an arbitration award dated July 6, 2009, Arbitrator John Steeves upheld the Union’s grievance that claimed full time warehouse employees were entitled to an additional premium when working more than 29 hours in a week in which a general holiday falls.

The Union argued that, in those weeks where a general/statutory holiday falls, full time employees are entitled to be paid overtime for any time worked beyond the 29 hour “basic work week” that applies to a general holiday week.  The Company’s argument – that it amounted to “pyramiding benefits” to pay full time employees a further premium in addition to the holiday pay and overtime for working the holiday – was rejected by the Arbitrator.

The victory ensures that when full time warehouse employees work beyond the 29 hour basic work week when a general/statutory holiday falls, the employee is entitled to the following:

(i)         straight time pay for all hours worked during that week which do not include hours worked on the general/statutory holiday itself and which are not in excess of 29 hours; PLUS

(ii)        straight time of 8 hours for the general/statutory holiday; PLUS

(iii)       double time for any hours worked on the general/statutory holiday; PLUS

(iv)       overtime premium for any hours worked in excess on 29 hours in the week that the general/statutory holiday falls.

The Company unsuccessfully argued (under item (iv)) that full time employees could only be paid double time for hours worked in excess of 37 hours in the week the general/statutory holiday fell, something it said it had been doing for some time.

The win for the Union means that employees should reconsider and recalculate the manner in which the Company has paid overtime since the commencement of this collective agreement, as it has been the Company’s practice not to pay overtime premiums for hours worked beyond 29 hours. Any shortfalls on these calculations that are captured by the grievance are now payable by the Company.  Please bring these matters to the attention of Eric Seto so that the Union can forward your claim for monies owed to the Company for payment.

 

 

 

 

  • ufcw [at] ufcw247 [dot] com