Helm v. Treasury Board (Health Canada)

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166-2-31947 (2003 PSSRB 96)
Helm v. Treasury Board (Health Canada)

Before: J. W. Potter
Appearances: J. Bart, for the Grievor; N. McGraw, for the Employer
Decision rendered: October 23, 2003

Collective agreement interpretation – Call-back pay – Advance notice of the requirement to work – Whether overtime or call-back is the appropriate provision – the grievor, a community health nurse, was aware six weeks ahead of time that he would be needed to work two weekends in a row in order to administer tuberculosis treatment to one of his patients – he was paid overtime for the hours he worked but claimed call-back pay – the grievor argued that the employer was bound by the collective agreement which stated that an employee was entitled to call-back pay if he was called to return to work and returned at an irregular time or outside his regular hours – the grievor argued that there did not have to be an actual call in order for him to invoke the call-back provisions – the employer argued that the call-back provision did not apply to the grievor as no call was made to ask the grievor to return to work because, in fact, the requirement was known long in advance – the adjudicator held that the grievor was not entitled to call-back pay as he had not been called back to work – the adjudicator determined that while a phone call is not needed, the grievor in this case was not "called" back to work – the adjudicator found that the grievor knew in advance of the requirement to work and, therefore, in accordance with the scheme of the collective agreement, notice could not be given for a call-back situation.

Grievance denied.