Overtime - Statutory Holidays

Prior to negotiations and the ratification of the Collective Agreement

it was the Company's practice to pay all staff, regardless of the
number of days worked or schedules they followed, for Statutory
Holidays.

In May 2014 the Company eliminated the use of Averaging Agreements but continued to pay 4 on,
4 off Employees x 1.5 for hours they worked on Statutory Holidays regardless of the number of
days they had worked.

Excerpt - SNT Proposals, 2014-09-17

At the start of negotiations the Company's position
was to defer on a proposal until it had determined
what

the

"Total

Compensation

Package"

for

employees would entail.

Excerpt - SN Transport Union Draft, Sep 20, 2014,

The Union proposal would see all staff
paid at an overtime rate for working
Statutory Holidays.

During negotiations the Company introduced wording relating to Statutory Holiday Pay.

Excerpt - Company Proposals V3, 2015-02-19

This was agreed to by the Union as it is
standard wording as normally applied to
new employees.

Excerpt - Employment Standards Act (RSBC 1996), Part 5 Statutory Holidays

It was a realistic expectation that the

Company's proposal would be
applicable to new employees as this is
the standard applied by the majority of
employers. However the Company
has chosen to apply the strict
interpretation of Section 11.02 of the Collective Agreement against all employees.

As a result of the Company's strict interpretation the following scenarios now hold true.

Employees who follow the Company's assigned work schedule of 8 hours per day, Monday to
Friday, will always work a minimum 15 days per month (15 x 8hrs) or a minimum of 120 hours.
This schedule qualifies them for Stat pay every month. This same schedule affords employees to
take up to 6 unpaid days off during the month and still qualify for Stat pay.

A casual employee who follows the Company's assigned work schedule of 4 hours per day,
Monday to Friday, will always work a minimum 15 days per month (15 x 4hrs) or a minimum of 60
hours. This schedule qualifies them for Stat pay every month. This schedule affords the employee
to take up to 6 unpaid days off during the month and still qualify for Stat pay.

Employees following the Company's assigned work schedule of 4 days on, 4 days off will work 14
days in a month twice during the calendar year (14 x 10hrs) or 140 hours. They will not qualify for
Stat pay as they have not worked the required minimum 15 days. And yet, they have worked more
hours than other employees.

There are 5 months during the year when 4 on, 4 off staff will work the minimum 15 days (15 x
10hrs) or a minimum of 150 hours to qualify for Stat pay. During these months these employees
cannot afford to take any unpaid time off as this would reduce their work days to less than the 15
needed to qualify for Stat pay.

There are 5 months during the year when 4 on, 4 off staff will work in excess of the 15 days
required to qualify for Stat pay. They could afford to take 1 unpaid day off during these months and
still qualify for Stat pay.

The inequality to employees through the strict interpretation of Section 11.02 of the Collective
Agreement has been raised by the Union through the Joint Labour Management Committee.

Excerpt - Member Update, 2015-12-03

The Union has asked
the Company to
remedy this situation
and admitted there was
an oversight during
negotiations by both parties.

Excerpt - 2015-10-06, JLMC 2

The Company has not
denied nor admit to this
oversight during
negotiations.

Excerpt - Bulletin 72, Nov 2015

The Company's
solution to rectify this
situation has been to
continue with the strict
interpretation of Article
11.02 to the detriment of 4 on, 4 off drivers and crews and the suggestion they can work additional
days and hours to qualify for Statutory Pay.

What would be the fair thing to do?