
The grievors claimed shift and weekend premiums for hours worked aboard research vessels outside regular daytime hours, based on past practice – the grievors were scientists who occasionally performed research on trips to sea lasting one to several weeks – during the trips, they worked basically a day schedule, although they could be called upon to work overtime in the evening or on the weekend – the employer argued that they were not entitled to the shift and weekend premiums – one of the grievors worked a shift schedule, i.e., he regularly worked outside the 06:00 to 18:00 day schedule – the employer conceded that that grievor was entitled to the shift and weekend premiums but not to interest on the amount owed to him – the adjudicator ruled that scientists on a day schedule, even aboard a vessel, were not entitled to shift and weekend premiums, despite the evidence of a local past practice of paying them – the elements of estoppel had not been established, since there was no indication that the employer’s headquarters agreed with the local practice – the adjudicator also ruled that the Public Service Labour Relations Act (“the Act”) did not give him jurisdiction to award interest on an amount owing that was not covered explicitly or implicitly by paragraph 226(1)(i) of the Act.
Grievances denied.