Exceeding maximum of hours worked
Brothers and Sisters,
On November 8th, 2005, we met with the company to discuss minimal
staffing and the 2006 TP&E work programs. Though the company
talked about their needs for the 2006 season in a very general
fashion and repeatedly stated the importance of coming to agreement
in a timely manner as they wished to get the bulletins out as soon
as possible, we have not heard a word back from them with specifics.
We told them that we were willing to look at anything they proposed
but would need time to consider and discuss it, prior to giving
any answer. LR Director Steve Samosinski committed to sending us
the company's proposals, in writing, "before the end of the
week", which we of course, took him to mean that week. Obviously
our mistake, as it is now past the end of the next week as well
and we have received nothing from them.
However, we are hearing from the field that supervisors are telling
our members that it will be 8/6 schedules this coming year, whether
they like it or not. I just want to assure all of you, that we
have agreed to no such thing in any area other than the Northern
Ontario Service Area. The company cannot arbitrarily implement
a schedule in violation of the Collective Agreement without our
concurrence and if they attempt it, we will go back to court and
file for an injunction, the same as we successfully did in BC in
1995.
We also already have one complaint before the Labour Board at the
moment, dealing with the company interfering with our representation
by direct dealing with the membership on bargaining issues and
we are prepared to launch more, if we find that what we are hearing
out there is correct.
At this same meeting on November 8th, Mr. Samosinski informed us
of an audit that was done on both CP and CN concerning the railways
having employees exceed "maximum hours". It is my understanding
that CN has already been told that they have 90 days to come into
compliance and that CP will likely be told the same thing. Mr.
Samosinski would not give us too many details, except that he did
say that they will be cutting down on overtime, will probably have
to hire people and that they may have to talk to us about the collective
agreement provisions concerning overtime and try to reach an agreement
on equalization.
According to 171.[30](1) of the Canada Labour Code, "...the
total number of hours that may be worked by any employee in any
week shall not exceed forty eight hours in a week...". This
can only be exceeded by Ministerial permit, which must be applied
for and granted, under 176.[33](1). This permit must be posted
for all affected employees to see, for at least 30 days prior to
its proposed effective date.
The company does apply for and receive the Ministerial permit every
year, but I don't know of anywhere that they post it. Also, I believe
that all the permit allows them is up to a maximum of 54 hours
per week. As you all know, they go over this with quite a few employees
in all sorts of departments.
The only way they are supposed to go over this maximum amount of
hours, according to 177.[34](1) and that is for Emergency Work,
which is clearly defined. And if they go over it, they are supposed
to report in writing to the Government and to the Union "...stating
the nature of the circumstances in which the maximum was exceeded,
stating the nature of the circumstances in which the maximum was
exceeded, the number of employees who worked in excess of the maximum
and the number of additional hours each of them worked." I
don't know if they have been reporting this to the government (though
I have been told that they haven't been) but I do know for sure
that they haven't been reporting it to this Union.
Once I find out more of what is going to come of this audit and
what the directive of the government is, I will pass it on to you,
but be prepared, the overtime will more than likely be reduced
in a lot of areas, by government order.
This makes me think about the latest IBEW contract. As you know
they gave up so much to the company and signed what many believe
is the worst rail labour contract in history, all to gain only
one substantial benefit. That benefit was to have their annual
vacation calculated, and paid, on a percentage of their earnings
instead of weeks by years of service. This was a substantial benefit
only because of the huge amounts of overtime that their guys work.
Now that overtime is probably going to come to an end and when
it does this "substantial" benefit becomes a lot less
substantial. I can't help but wonder if the company knew this was
coming down the pike when they coerced the IBEW into signing that
deal. When I asked this question of a company officer, he smiled
and said, "Bill, you give us too much credit." But I
can't help but wonder.
Fraternally,
Bill Brehl
President
TCRC MWED
