TO ALL IAMAW MEMBERS
AIR CANADA – TMOS AGREEMENT
ASSIGNED OVERTIME
Dear Brothers and Sisters:
Your Union has received many Member inquiries regarding Management coercing them to work hours in excess of their regular scheduled shifts. These Members have reported that they were being told by their Managers that they are being ‘forced’ to work these extra hours. In some cases it has been reported that Management suggests if you volunteer to stay on for a couple hours, “we won’t force you to stay for 4 hours, which we can do”.
Please be advised that overtime in general is voluntary in nature. Article 10.02.09 of the current Collective Agreement states, “In the event an employee is required to work overtime against their wishes, the maximum number of hours he may be required to work shall be four (4) hours in conjunction with a regular shift and eight (8) hours on a regular day off (RDO) or on a Statutory Holiday.”
Should Management deem that a situation exists where involuntary overtime is necessary, they must ensure they have canvassed for all volunteers, whether at work, or off shift, prior to assigning involuntary overtime.
Should a Member disagree with the assignment of overtime, Article 10.02.10 provides that “…he will work the overtime but may, subsequently, protest through the grievance procedure.”
In addition, The Canada Labour Code Part III provides “…the maximum hours worked in a week is 48.” Should you be involuntarily assigned to work in excess of 48 hours, that is your regular work schedule of 40 hours plus more than 8 assigned hours, please contact your local Union Representatives so they may have the matter investigated.
We thank all of you for bringing these concerns forward. It is our intention to bring any violations of the Collective Agreement, or Labour Code regarding assigned overtime, to the appropriate process for resolution to uphold your working rights.
In Solidarity,
Paul Lefebvre,
General Chairperson
Transportation District 140, IAMAW
