The grievors alleged that the employer violated the DPH provisions of the collective agreement – the grievors worked modified hours on rotating shifts of either 16 or 12.75 hours – according to article 34 of the collective agreement, a DPH must account for the normal daily hours specified in the collective agreement, and clause 21.02 states that the normal daily hours for those working rotating shifts is 8.5 hours – the grievors were “statted off” on their deemed DPHs, and the employer claimed compensation in the form of annual leave or leave without pay or by the grievors making up the difference between the value of the DPHs and the number of hours that they would have worked on those days – the grievors did not meet their burden of proving a violation of the collective agreement – nothing in the collective agreement prevented the employer from statting them off and from later clawing back the hours – the grievors asked for the right to work on a DPH, and the collective agreement did not give them that right – Appendix K did not apply as it addressed changes to the pre-established schedule, not changes to individual shifts – the jurisprudence confirmed the employer’s right to claw back the hours.

Grievances dismissed.