The Standby Issue – Translation Bureau
January 18, 2006
STANDBY
You will doubtless recall that last winter, in connection with the after-hours service, the Translation Bureau set up a pilot project for 24/7 service that included the practice of calling translators back to work without placing them on standby, which limited the cost in overtime and standby pay.
CAPE and the Local were highly critical of this move, reminding the employer of the employees’ rights under the collective agreement. After numerous meetings, the employer agreed to rely mainly on volunteers, who agreed to modify their normal work day to handle the bulk of the translation requests received after office hours. The employer also agreed to use standby rather than bothersome call-backs to provide weekend service. This naturally required payment of the standby premium (article 13.08) and the after-hours allowance (Collective Agreement, Pay Note 5(m)). As a result of these discussions, the employer further agreed to supply a cell phone or a pager to translators on standby to allow them some freedom of movement.
Following is an excerpt from an email referring to this agreement, sent by a Bureau manager.
[translation] Weekend loans of cell phones and pagers to TRs
Since early in the 2005-2006 fiscal year, the Translation Bureau and CAPE have held regular union-management consultations concerning the implementation of after-hours service. During these consultations, the Bureau noted the need to have translators standing by on weekends and holidays to provide after-hours service, and agreed to lend a cell phone or a pager to those concerned, that is translators on weekend standby for the after-hours service in the Foreign Affaires, Criminology, Privy Council, Health and Human Resources sections, whose clients account for over 80% of the after-hours requests received.
Be sure to ask for a cell phone or pager if this applies to you.
We take this opportunity to remind you of certain provisions in the collective agreement concerning overtime; in particular article 13.02(c), which reads:
13.02 General
(c) Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for the performance of overtime.
Does your manager give you 12 hours’ notice? If not, is the “emergency, call-back, or mutual agreement” exception always rightly invoked ?