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The original "ORANGE"?

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On 3/16/2019 at 9:54 AM, kiefk said:

But your wife's union, and by default she, agreed to the averaging though right? It wasn't imposed on them as part of their job description.

Is her averaging agreement something like this:

ARTICLE 9 - Hours of Work and Overtime

9.1 Unless otherwise provided, employees who are regularly assigned to work 40 hours per week will not be required to work in excess of 8 hours in a 24-hour period nor more than 40 hours in a week. Any hours worked in excess of 8 hours in a 24-hour period or 40 hours in a week will be paid for at the rate of time and one-half.

9.2 Employees who are not regularly assigned to work 40 hours in a week will have their hours of work averaged over a period of 14 calendar days consistent with the pay periods in practice within the Company and shall not exceed 80 hours in such 14-day period. Any hours worked in excess of 80 hours will be paid for at the rate of time and one-half.

9.3 Unless otherwise provided, employees whose hours of work are averaged will not be required to work less than 5 hours or more than 10 hours in a 24-hour period. Hours worked in excess of 10 in a 24-hour period will be paid for at the rate of time and one-half. Such hours will not be utilized in computing the 80 hours in the pay period.

9.4 When it becomes necessary for employees to work overtime, they shall not be laid off during regular hours to equalize the time. 13

9.5 Employees called or required to report for overtime work under this clause and reporting, whether used or not, will be allowed a minimum of three hours at prevailing overtime rates.

9.6 Where overtime work is continuous with, before or after, an employee’s regular shift, such work will be assigned to the employee on duty or coming on duty as the case may be, provided that the work is not of three hours duration or more.

9.7 If the duration is more than three hours or is not continuous with a regular shift, a spare employee, if available, will be obligated to fill the requirement for service. When spare employees are not available, employees will be called on a seniority basis to work overtime. 9.8 Nothing herein is intended to prevent the Company from requiring the junior available employee in the classification to fill the requirement for service.

 

My point was that averaging agreements are not solely intended for “seasonal jobs” and they can be legally implemented for 24/7/365 operations. Heliian clearly stated that it could not be legally introduced since it is only for seasonal jobs. In fact it can be introduced:  If the nature of the work in an establishment necessitates irregular hours due to seasonal or other factors.

https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/hours-work.html

https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/averaging-hours.html

As stated she is in a union (CAW local 103), but the Canada Labour Code still applies equally to unionized work places. The  standards in the collective bargaining agreement can differ, but at a minimum, must comply with the CLC. As with most pilots in our industry, the averaging agreement was in place when she was hired. 

Union or not an averaging agreement must be approved by a Labour Affairs Officers (LAOs) who ascertain whether the criteria that qualify an employer to adopt averaging have been met and whether averaging provisions are being correctly applied.

Her hours are averaged over a 4 week period/160 hours. She is regularly required to works 15 hours daily. One recent shift was 21 hours with almost 80 hours worked that week.

if you are really interested in their averaging agreement see the following link. Page 11 is where the rules for hours of service and O/T is discussed. While the agreement in the link expired Dec 2018, this averaging system has been in place for decades with no significant changes.

https://www.sdc.gov.on.ca/sites/mol/drs/ca/Transport/482-15180-18%20(506-0024).pdf

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