Article 28 – Overtime

Date: Sunday, March 13, 2016 | Category: | Author:

Overtime shall be defined as those hours worked in excess of a basic tour of duty. All overtime, in order to qualify for overtime compensation, must be authorized or approved by a designated supervisor or department manager. 

All hours worked in excess of eight (8) hours in a day, save and except Article 26.8 (in excess of ten (10) hours in a day) shall be compensated at the applicable overtime rates. 

The basic hourly rate for overtime purposes shall be calculated as follows:

  1. for employees as set out in Article 26.2 (1):
    bi-weekly salary÷75 = hourly rate
  1. for all other employees:
    bi-weekly salary÷80 = hourly rate

When an employee is required to work overtime they shall be compensated at a rate of one and one half (1½) times their basic rate.

Should the time worked exceed twelve (12) hours, all hours worked in excess of twelve (12) hours shall be paid at two (2) times the basic rate.

For full-time employees whose basic tour of duty is a seven and a half (7 ½) hour day; should the time worked exceed eleven and a half (11 ½) hours, all hours worked in excess of eleven and a half (11 ½) hours shall be paid at two (2) times the basic rate. In addition, any full-time employee whose hours worked exceed seven and a half (7 ½) hours, all those hours shall be paid at one and a half (1 ½) times the basic rate on those first four (4) hours. 

Employees shall have the right to refuse the assignment of any overtime work in excess of the basic tour of duty or work week. No employee in exercising the foregoing right shall be penalized for refusing to work such overtime. The provisions of this Article shall also apply in the case of Call-back, Work on Days Off, Holidays and Stand-by.

In the event that all qualified employees refuse the assignment of work under provisions of Article 28.5 above, the Company shall have the right to require the least senior qualified employee(s), in the Company’s opinion, available on shift to perform the work.  Notwithstanding the provisions of Article 28.5 above, the Company may require an employee to work overtime in any of the following circumstances:

  1. Emergencies arising as a result of accidents or urgent and essential work to be done to machinery, equipment or plant;
  1. In the case of sick leave replacement; 
  1. Other unforeseen or unpreventable circumstances; 
  1. Where it is impractical to replace an employee who has commenced a specific assignment that will extend beyond the employee’s basic tour of duty.