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166-2-28332 and 28333
King and Treasury Board (Revenue Canada – Customs and Excise)
Before: R. Simpson
Appearances: B. Done, for the Grievor; V. McCaffrey and D. Prupas, for the Employer
Decision rendered: August 19, 1999
Pay – Designated paid holiday – collective agreement specified that employees would be scheduled to work seven and one half hours per day – employer and bargaining agent entered into a Variable Shift Scheduling Arrangement (VSSA) under the collective agreement – the VSSA provided that employees would work eight hours and 34 minutes per day for five consecutive days followed by three consecutive days of rest – grievor worked on a designated paid holiday – collective agreement provided that, when an employee worked on a designated paid holiday, he was entitled to receive compensation at the rate of time and one half for all hours worked "up to the regular daily scheduled hours of work" and double time thereafter, in addition to the pay which he would have received had he not worked on the holiday – grievor claimed that employer had paid him less than he was entitled to for working on the designated paid holiday, including not paying him double time for the period which he worked in excess of seven and one half hours – adjudicator concluded that employer's calculations were not in accordance with the collective agreement as they resulted in the grievor's receiving 1.07 hours less compensation than he was entitled to receive – however, grievor was not entitled to compensation at double time for the period which he worked on the designated paid holiday in excess of seven and one half hours – pursuant to the VSSA, eight hours and 34 minutes were the hours he was regularly scheduled to work.
Grievances allowed in part.
Cases cited: Endall et al. (166-2-15656 to 15679); Hiltz et al. (166-2-17398 to 17403).