Wave: UNITED STEELWORKERS LOCAL 9511

DRIVETEST
Text Box: Text Box: Text Box: MINUTES OF SETTLEMENT IN THE MATTER OF A GROUP GRIEVANCE AND A POLICY GRIEVANCE RE: ENTITLEMENT TO OVERTIME PREMIUM PAY IN RESPECT OF WORK WEEKS DURING WHICH THERE IS A PAID HOLIDAY B E T W E E N: SERCO DES INC, c.o.b as DRIVETEST (the “Employer”) - and - UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION (UNITED STEELWORKERS) (the “Union”) WHEREAS the Union is the certified bargaining agent for a bargaining unit of employees all of whom are subject to a Collective Agreement between the Union and the Employer which expires on March 1, 2009 (“the Collective Agreement”); AND WHEREAS the Union represents a group of Grieving employees (“the Group Grievors”) all of whom are identified in Schedule “A” attached hereto and who are members of the bargaining unit; AND WHEREAS the Union filed a Policy Grievance and a Group Grievance which is dated September 7, 2007 but received by the Employer on September 10th, 2007 (Grievance Number N14-02) (hereinafter also referred to as “the Grievances”) which Grievances alleged that the Group Grievors had not been paid overtime premium pay during weeks in respect of which a paid holiday had occurred, all of which Grievances have been denied by the Employer; AND WHEREAS the Union and the Group Grievors have indicated in the Grievances that the Group Grievors are seeking payment for “overtime hours with full redress plus interest”; AND WHEREAS the Group Grievance and the Policy Grievance have been referred to a Board of Arbitration by the Union which Board is being chaired by Arbitrator Joseph Samuels; AND WHEREAS the parties hereto are desirous of resolving any and all matters in relation to or arising out of the Group Grievance and the Policy Grievance; NOW THEREFORE the parties hereto agree as follows: Except as otherwise indicated in these Minutes of Settlement, the parties hereby acknowledge and agree on a with prejudice basis, that overtime premium pay compensation is based on actual hours worked and that a paid holiday is not and will not be considered to be time worked by any employee for the purposes of calculating overtime premiums. For greater clarity, the parties acknowledge and agree that when an employee does not work but is paid for any paid holiday, the time not worked on the paid holiday does not count as time worked by such employee for the purposes of calculating overtime premium pay entitlements in any work week during the term of the Collective Agreement. 2. On a strictly without prejudice basis and without admitting liability in any way whatsoever, the Employer will make a one time payment, only to those employees who are specifically referred to in Schedule A which is attached hereto, which payment amount will be equivalent to one-half (½) of their respective regular hourly rate of pay in respect of those hours of work that they worked in excess of forty (40) hours per week during the work weeks that included the August Civic Holiday in 2007, the Labour Day Holiday in 2007, and the Family Day in 2008 with the understanding that these three (3) identified paid holidays in each of the identified calendar years only, will be treated as time worked by the employees specifically indicated on Schedule A for the purposes of these Minutes of Settlement only. The payments to the Group Grievors is also referred to in these Minutes of Settlement as “the Settlement Proceeds”. 3. The Union and the Employer hereby acknowledge and agree that the Group Grievors, and the Union will have no basis upon which to claim any further compensation from the Employer over and above the Settlement Proceeds in respect of overtime premium pay payments during any other work week at any other time whatsoever during the term of the Collective Agreement, in which work week a paid holiday has occurred or will occur, or, in respect of any other employee who is not indicated in Schedule A. For greater clarity, it is understood and agreed that save and except for the paid holidays and for the calendar years of such paid holidays specifically and expressly identified in these Minutes of Settlement, no other paid holiday will be considered to be time worked for the purposes of calculating overtime premium pay eligibility at any time during the term of the Collective Agreement. It is also understood and agreed that no other bargaining unit employee other than the employees who are specifically identified as Group Grievors in Schedule A attached hereto, will be eligible to receive or participate in the one time overtime premium payment that is contemplated by these Minutes of Settlement. The payment of the Settlement Proceeds to each of the Group Grievors will be subject to statutory deductions. 4. Each of the Group Grievors will sign these Minutes of Settlement as a condition of receiving the Settlement Proceeds. These Minutes of Settlement may be signed by each of the Group Grievors in counterparts. 5. In consideration of the payments of the Settlement Proceeds to the Group Grievors as referred to herein, the Union (on its own behalf and in its capacity as the Group Grievors’ bargaining agent and as the bargaining agent for all other bargaining unit employees) and the Group Grievors hereby release and forever discharge the Employer from any and all amounts owing, complaints, and grievances which the Union and the Group Grievors now have or hereafter can, shall or may have, for or by reason of, or in any way arising out of the subject matter which gave rise to the Policy Grievance and the Group Grievance, and without limiting the generality of the foregoing, to any grievances relating to a claim for payment of overtime premium pay in respect of a work week during which a paid holiday occurs that is not worked by any employee. 6. In consideration of the terms of these Minutes of Settlement, the Union and the Group Grievors hereby agree to withdraw the Grievances on a with prejudice basis and Arbitrator Samuels will be promptly advised by the Union in writing that the Grievances have been fully and finally resolved. In view of the settlement of the parties, Arbitrator Samuels position in the rotation of arbitrators that is set out in the Collective Agreement will be maintained as if he had not been appointed to hear the Grievances. The parties acknowledge that the Union may deal with the subject matter of the Grievances in the next round of collective bargaining between the parties and that these Minutes of Settlement will not prevent the Union from doing so. DATED at this day of March, 2008.

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For the Employer

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For the Union

 

Signatures of each Grievor in the Group Grievance

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Text Box: Over-Time Premium Following or Prior to a Statutory Holiday