The BCGEU filed a policy grievance on April 27, 2016 regarding the Ministry of Children and Family Development’s (MCFD) interpretation of flex time and the work schedule/hours of work language regarding overtime pay for social workers.
Prior to November 2015, overtime was paid in many MCFD offices for emergency work duties directed by the employer to be performed after a regular seven-hour day (regardless of whether the social worker had already earned their seven hours earned day off) as the work was an essential duty of the position.
In November 2015, MCFD implemented a new electronic "Time and Leave Management" system to track employees' actual hours of work. After the implementation of the electronic system, social workers were advised there would be a change in overtime pay. They would be paid overtime only if they worked more than nine hours in a day or more than 70 hours in a two-week period or had already earned their seven hours earned day off.
The Component Agreement gives social workers the right to choose their start and finish time. When a social worker is directed to respond to a workplace issue that will extend their work day beyond 4:30pm, the union will argue that worker should be paid overtime because they have been directed to forfeit their contractual right to choose their finish time.
Your union will seek a declaration regarding the employer's breach, monetary remedies for affected workers, and direction for future applications of the overtime policy and contractual language.
We will keep you informed as the grievance process continues.
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