Winnipeg Association of Public Service Officers

Frequently Asked Questions

 WAPSO / City of Winnipeg Overtime Arbitration

Frequently Asked Questions


When did the Arbitrator issue the award?

The award is dated January 14th, 2019 and was received by WAPSO and the City on January 15, 2019

What was the Arbitrator’s decision?

The Arbitrator ruled that the current OT regime contained within the WAPSO / City of Winnipeg Collective Agreement is not in compliance with the Employment Standards Code

The Arbitrator has asked WAPSO and the City of Winnipeg meet to negotiate terms that would bring the overtime practices into compliance before July 31, 2019

Who is affected by the award?

The award applies to employees who are members of the WAPSO bargaining unit

What is considered Overtime?

Overtime includes work before/after regular work hours, or time worked during lunch or breaks

Other important information
Employees must request or be asked to work overtime
Managers must provide approval prior to an employee working overtime
All hours worked beyond the usual work week or work day are considered overtime
All overtime must be tracked and submitted as worked
Employees who choose to work extra hours after being told not to are not entitled to claim those hours as overtime
If you have been directed not to work overtime, then the employer is not required to compensate you for any additional hours worked
If you are requested to work additional hours beyond your regular work week, you should receive approval for overtime hours worked

The Following points are quoted from the Arbitrator’s decision for reference and clarity:
57. A - Overtime entitlement occurs when a full-time employee works outside the designated regular hours of work with the consent, express or implied, of the employer. That entitlement does not wait until eight (8) hours per day or forty (40) hours per week have been reached.
57. B - (…) where the employee routinely arrives for work an hour before his designated starting time, with the knowledge and tacit consent of his supervisor, and spends that hour working on his assignments as he does during the scheduled shift, that time ought to be recorded and paid as overtime.
57. C. For the City to avoid an obligation to recognize overtime in the above scenario, it must clearly indicate to an employee (…) that he is not authorized to start work before his scheduled starting time and should not be performing work during that time period. If he persists in the face of such instruction, he would not be entitled to additional compensation, whether straight time or overtime. Employees cannot entitle themselves to extra compensation simply by performing work on their own time despite a contrary direction from their employer.

If you have questions about how this arbitration decision may impact you or other WAPSO members, please feel free to contact WAPSO Executive Director, Keith Bellamy (kbellamy@wapso.ca), or Labour Relations Officer, Katie Haig-Anderson (khaig-anderson@wapso.ca).

 


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