Arbitration Awards - Holidays

The parties chose certain representative grievances to illustrate their differences regarding the interpretation of the holiday provisions set out in Article 17 of the Collective Agreement. The arbitrator concluded that the language expressly contemplated that overtime payments will be paid on a pro-rated basis and that workers will be entitled to overtime payments for any hours they work on a designated holiday (holiday defined as a 24 hour period). The Employer argued, relying on a Memorandum of Understanding, that all statutory holidays are Shut Down days and therefore no employee ever works on a designated holiday. The arbitrator accepted the Union's argument that the application of the stat holiday language is triggered by the employee's regular shift rotation. If a designated holiday falls on an employee's day off in their regular shift rotation, then Article 17.2 applies and if a designated holidays falls on a day of work in their regular shift rotation, then the double time provision applies.