Via Email
alarocque@bellsolutionstech.ca
Mr. Alain Larocque Director,
Bell Technical Solutions
75, rue J. - A. Bombardier, Suite 200
Boucherville QC J4B 8P1
Dear Alain:
As a follow-up to your announcement sent to our BTS members in Ontario on January 21, 2010, I wish to clarify some items for you.
Family Day is a statutory holiday in Ontario for Ontario jurisdiction employers; therefore, it is considered a regular workday for our members. As you are aware, CEP will also claim at arbitration that our members at BTS are now entitled to Remembrance Day under Federal jurisdiction.
Article 18.07 b) of the Collective Agreement clearly states, that; “The Company will seek volunteers to work on a paid holiday. In the event that insufficient volunteers are available, the Company will schedule Temporary Employees to work on a paid holiday. In both cases, the employee shall be paid his overtime rate of pay. In addition, the Company will schedule a substitute holiday, with pay, according to Article 18.05, within the next twelve (12) months.”
For clarity, the collective agreement supersedes the law in the respect that working on a statutory holiday regular employees may volunteer, but cannot be forced. Temporary employees, if forced, are paid at the premium rate. Consequently, there is no change to the condition surrounding working a holiday as a result of being declared as falling under Federal jurisdiction.
Yours truly,
Barb Dolan,
Administrative Vice President
CEP Ontario Region.
BD:lmc/cope-343
cc: Sean Howes, National Representative
Shawn Cowan, Bargaining Committee Representative
Jim Fling, Bargaining Committee Representative
Sam Snyders, Bargaining Committee Representative
BTS Locals and units
National Representatives servicing BTS locals