It has come to our attention that some members who have accepted OTFT-CAS shifts have then been contacted by the Employer and required to change their shift as per Article 7.03 (e). The OTFT-CAS member is being paid premium pay of double time (2X) for all shift(s) changed.
SUN's position is that OTFT-CAS shifts are scheduled as per Article 37.04 and those OTFT-CAS shifts, once scheduled, are then dealt with under Article 7.04 – OTFT – Casual Work Schedule.
Articles 7.04(b) and 7.04(c) deal directly with the cancellation of scheduled OTFT-CAS shifts and neither article refers to an ability for the Employer to change these shifts.
- Article 7.04(b) references OTFT-CAS shifts scheduled to cover vacation replacement, stat holiday replacement or a leave of absence of less than 120 days within the posted and confirmed can be cancelled but the Employee must be compensated at the premium pay rate of 2X double time as per 7.03(e).
- Article 7.04(c) references OTFT-CAS shifts scheduled in advance to cover replacement for illness and WCB of less than 120 days or temporary excess workload can be cancelled with 48 hours notice but if such notice is not given the Employee must be compensated at their regular pay rate for the shift.
SUN believes that the proper procedure in either scenario would be cancellation of the original shifts offered and to follow Article 7.04 for such cancellations. Then the new shift be offered as per Article 37.04. The Employer has indicated they do not agree with SUN's position on the matter and as a result SUN has filed a Policy Grievance on behalf of all SUN members. The filing of a grievance simply formalizes the union’s challenge – its filing does not prohibit the SHA from proceeding with its interpretation. The grievance process is lengthy and even if the grievance is referred to arbitration, it could be a lengthy interval before an Arbitration Award is issued.
If you have any questions or you find yourself in this situation, please contact your SUN Employment Relations Officer or call SUN Duty Roster at 1-800-667-7060 (Regina) or 1-800-667-3294 (Saskatoon).