Local 362 Wins Arbitration Determining Proper Payment of Time Off for Illness

In July 2023, the Local Union filed a policy grievance with an employer who is federally regulated due to the monetary application of the changes to legislation which covers paid time off for illness. In December 2022, the Federal Government amended legislation, granting Federally Regulated workers with ten paid days off (per year) for illness, which commenced in 2023. As drivers are the backbone of our Local Union’s Membership, we see many different pay scales on how drivers are compensated for their duties while on the clock; in this case, drivers are paid hourly, plus an amount earned for mileage, leading to differing opinions in how the company compensated drivers for their time off for illness.

The employer insisted drivers were entitled to their hourly wage to a maximum of 10 hours per day, which left drivers with this company only compensated for 64% of wages for the day they were off ill. Due to the monetary implications and inability of the parties to reach agreement on compensation for mileage payment, the grievance was advanced to arbitration. An arbitration hearing was held in December 2023 and a decision was rendered and delivered to the parties in February 2024, which ruled in favour of the Local Union. The decision declared the employer responsible for the remaining 36% of payment for the affected driver and determined that the employer was not in compliance of the Canada Labour Code.   

We all know that there is Labour Legislation and that some employers (at times), will make mistakes or neglect the administration and implementation of Legislation – hence the importance of Unions, especially when it comes to money. Unions are here to fight for what is right and ensure compliance of all legislation and collective bargaining agreements (in which we expand upon legislated rights).

If you are working in a non-unionized environment and you believe that your employer is not adhering to legislation, or you have other issues which you believe a Union may help you resolve, we would like to hear from you! Please contact our Organizing Department by phone or email (contact information below), and we will be more than happy to provide you with the assistance you need.

Telephone: (403) 259-4608 (please ask to speak with Stacy Tulp);
Email: [email protected]