Westfair Foods Ltd. and United Food and Commercial Workers’ Union, Local 247 (Ministry No. A-095/2009)
In an arbitration award originally dated July 6, 2009 (reissued with corrections on November 26, 2009), Arbitrator Steeves upheld the Union’s grievance which claimed that full-time warehouse employees were entitled to an additional premium when working more than 29 hours in a week in which a holiday falls.
The Union successfully argued that, when a general/statutory holiday occurs, 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, and that this did not amount to “pyramiding benefits”, as argued by the employer.
The victory ensures that when there is a general/statutory holiday, full-time warehouse employees who work beyond the 29-hour basic work week are entitled to the following:
- 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
- Straight time of 8 hours for the general/statutory holiday; PLUS
- Double time for any hours worked on the general/statutory holiday; PLUS
- Double time for any hours worked in excess on 29 hours in the week that the general/statutory holiday falls.
The Employer filed a section 99 application with the Labour Relations Board. In November 2009, the Board dismissed the Employer’s application (Decision BCLRB No. B208/2009 at http://www.lrb.bc.ca/decisions/B208$2009.pdf) (it did remit an estoppel issue back to the Arbitrator, who then released the November 26, 2009 decision in the Union’s favour).