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Local 803 & 804 Members - Consent Award re Payroll Grievances - BCGEU


We are writing to inform you about a consent arbitration award from Arbitrator Ken Saunders (attached) which resolves a Community Bargaining Association Policy Grievance about the Employer's failure to maintain an accurate payroll system. The Award also resolves several individual grievances relating to errors in the payroll system.

This Award is a significant step toward fixing the ongoing errors that have been occurring in the Employer's payroll system. It also protects employees from any attempt by the Employer to recover past overpayments. We are aware that there are still unresolved issues and are committed to continuing to work toward resolving them.

The effect of the Award is as follows:

• The Employer is now required to follow an "Accumulators" document which is intended to ensure accurate accumulation of straight time hours, overtime, seniority, vacationable earnings, percentages in lieu of stat and vacation, and wage progression.

• The Employer is required to correct errors in employees' vacation entitlement and vacation banks, and pay out any excess amounts owed to employees. The Employer is prohibited from recovering any vacation pay that was paid out in error.

• The Employer has acknowledged and is required to follow the collective agreement rules for overtime and stat holidays.

• The Employer is required to provide comprehensive training for all its payroll and scheduling staff to ensure they are aware of the correct rules for overtime, stat holidays, and other areas of payroll covered by the Award.

• The Employer is prohibited from deducting money from employees' pay without written consent.

• The Employer is required to process payroll errors within 5 business days, and pay them out with a manual cheque within 5 calendar days if requested, or on the next pay period at the latest.

• The Employer's new payroll system must have the capability of showing vacation and sick banks. Until the new payroll system is implemented, employees may request their current entitlement from the office and be provided an accurate answer within 5 business days.

• The March 30, 2018 seniority list for Surrey was corrected and signed off based on the issues raised in the grievances covered by the Award – primarily the incorrect accumulation of seniority on overtime hours. We are in the process of reviewing the Richmond seniority list to ensure it has also been corrected.

• The Employer will not collect any overpayments, and the Union will not collect any underpayments that resulted from payroll errors covered by the Award. This does not include individual payroll errors and individual grievances not listed in the Award. The Award does not prevent any member from filing a grievance on any breach of the collective agreement, including issues that may arise involving payroll errors, seniority, or otherwise.

• Any breach of the Award may be dealt with on an expedited basis with Arbitrator Ken Saunders.


In solidarity

 

Emily Luther & Deb Wilson, Staff Representatives


Download PDF of notice here
Download PDF of Consent Award here

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