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Union successful in NAV CANADA grievance arbitration

Aug 17, 2010

Early in 2009, a NAV CANADA technologist a filed a grievance concerning the interpretation of Article 27.05 (Travel). This article creates specific rules surrounding compensation when the employee is called upon to travel for work. The provisions of article 27.05 are identical in both the NAV CANADA and GOVERNMENT collective agreements.

In January 2009 the member traveled and worked on a second day of rest. His claim for double-time for all hours on the second day of rest was denied.  Instead, the employer paid double-time for the travel but only time-and-one-half for the hours worked

The employer’s position was that the expression of “all hours” in Article 27.05 referred only to travel time and not time worked.  In the eyes of the employer, time worked on a second day of reset is compensated under Article 24.04 (Days of rest). For its part, the union argued that Article 27.05 applied to both travel and work on a second day of rest.

In his decision (download it here), Arbitrator Foisy confirmed that “sections 24.04 and 27.05 are not in opposition. The first one establishes the general rule of compensation for work on a Day of Rest and the second one indicates the rules to be applied when travelling is required, whether or not it is to be combined with work.”

This decision reinforces and clarifies that if travel is the catalyst for any time spent on company time then the employee’s terms and conditions of work flow from Article 27.

The member was awarded the unpaid overtime and interest

 [DJB1]Insert hyperlink to full test of decision.