December 20, 2020
An agreement has been reached between the City of Winnipeg and the Winnipeg Public Utilities Association. The board found that such an agreement was contrary to the overtime provisions of the code. The Court of Appeal found that the Board`s explanatory statement for this conclusion was reasonable, and summarized it as follows: WAPSO Members, This week`s vote on ratification of collective agreements was counted and we are pleased to announce that the agreement has been ratified by membership. Editor`s Note: An earlier version of this story incorrectly stated that the agreement had been reached between the City of Winnipeg and the association representing its police officers. The concept of employers and workers, who agree that wages should be paid for hours and that overtime is accounted for, has been pursued in Manitoba. The Manitoba Court of Appeal in Nygard/. Michalowski considered a decision of the Manitoba Labour Board (the “Board”), which considered the legality of an employment contract that purported to pay a worker a wage in exchange for all hours of work. In that case, the employer argued that such an agreement was not contrary to the overtime provisions of the code, as the parties had agreed that the worker`s salary would be made in exchange for possible overtime. Peter`s work in the field of labour and labour law includes the activity of chief negotiator for the management of collective bargaining, the defence of illegal dismissal actions, and practical advice to clients working in both non-unionized and unionized enterprises, including the handling of complaints and arbitrations under collective agreements. The city says its executive committee will consider ratifying the agreement next week and will then go to the council for approval. The negotiated agreement lasts 48 months between January 2020 and the end of December 2023.
At the risk of explaining the evidence, unless a worker is covered by one of the exceptions to overtime law, the code specifies that any agreement that deprives a worker of his legal right to overtime is illegal and unenforceable. The City and WAPSO were parties to a collective agreement (the “agreement”) that recognized that workers were expected to work all normal hours of work, plus 100 overtime hours per year, in exchange for their regular wages and five (5) days of compensation time. The agreement made it clear that there would be no additional compensation (monetary or otherwise) in exchange for the first 100 overtime hours of a worker in a calendar year. . Over the next few weeks, WAPSO will hold members` consultations to hear your priorities for our upcoming negotiations with the City of Winnipeg. . If you have not received an email, please contact the unoin office to update your email address so you don`t miss future messages. Concerned about COVID-19, the WAPSO office will be temporarily closed to the public. Our employees will work from home and will continue to monitor and respond to incoming communications during this period. Find out more >>>. In applying the law on a case-by-case basis, the arbitrator found that the overtime provisions of the agreement did not comply with the code.
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