TR Update – Standby, Volunteering and Overtime
October 13, 2004
• List of Volunteers:
We have been advised that the Translation Bureau is in the process of establishing lists of volunteers for overtime purposes.
To avoid any confusion, we would like to remind you of some of your rights in this respect.
The word volunteer implies the right to refuse to have one’s name on a list of volunteers. So, should you be unwilling to be called for overtime by your manager during your time off, you should inform him or her of this, preferably in writing.
It is also worth emphasizing there is a distinction between “standby” status and that of simple “volunteer” as required. As such, if your manager asks you to remain available (maintain yourself in readiness to respond to a call), the Collective Agreement provides for standby pay (see hereunder, paragraph 13.08 Standby Pay, of the Collective Agreement.)
If your name simply appears on a list of volunteers your manager may or may not call to offer overtime if and when required, without any expectations as to your standby status or any potential reprisal in case of refusal, standby pay would probably not apply.
• Overtime:
In spite of the Translation Bureau’s reassurances that this is a simple list of volunteers for the time being, should overtime become essential, you could be required to work overtime if you are contacted by the Bureau. Your manager would, however, be required to give you at least 12 hours’ notice of any requirement to work overtime, except in cases of emergency, call-back or mutual agreement. (See 13.03 c) hereunder.)
• Work at Home:
Case law recognizes home as a potential workplace in case of call-back. Thus, should your manager ask you to work overtime and you agree, provisions relating to overtime will apply, whether this overtime is done at home or at the office.
Where in doubt, please feel free to contact your local union steward.
TR Collective Agreement
Extract from the TR Collective Agreement – exp. 2005
13.08 STANDBY PAY
(a) When the Employer requires an employee to be available on standby for a specific period during off-duty hours, the employee shall be paid at the rate of one half (1/2) hour at straight time for each four (4)-hour period or portion thereof for which he has been designated as being on standby duty.
(b) An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with clause 13.07.
(c) An employee required to be on standby duty shall be available during the period of standby at a known telephone number and be able to report for duty as quickly as possible if called.
(d) No standby duty payment shall be granted if the employee is unable to report for duty when required.
(e) The Employer shall endeavour to allocate standby duties equitably among employees and shall first call for volunteers within the service where standby is required. Except in cases of emergency, the Employer shall also endeavour to give reasonable advance notice to the employee required to be on standby.
13.09 Payments made under paragraph 13.04(c) and clauses 13.07 and 13.08 shall not be pyramided; that is an employee shall not receive more than one (1) compensation for the same service.
ARTICLE 13 – OVERTIME
13.01 Exclusion
This article does not apply to employees covered by Article 19, Parliamentary Leave and Interpretation Leave.
13.02 General
**
(a) All calculations for overtime shall be based on each completed quarter (1/4) hour.
(b) Employees shall record starting and finishing times of overtime work in a form determined by the Employer.
(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.
(d) The Employer will endeavour to make cash payments for overtime in the month following the month in which the overtime was worked.
October 13, 2004
• List of Volunteers:
We have been advised that the Translation Bureau is in the process of establishing lists of volunteers for overtime purposes.
To avoid any confusion, we would like to remind you of some of your rights in this respect.
The word volunteer implies the right to refuse to have one’s name on a list of volunteers. So, should you be unwilling to be called for overtime by your manager during your time off, you should inform him or her of this, preferably in writing.
It is also worth emphasizing there is a distinction between “standby” status and that of simple “volunteer” as required. As such, if your manager asks you to remain available (maintain yourself in readiness to respond to a call), the Collective Agreement provides for standby pay (see hereunder, paragraph 13.08 Standby Pay, of the Collective Agreement.)
If your name simply appears on a list of volunteers your manager may or may not call to offer overtime if and when required, without any expectations as to your standby status or any potential reprisal in case of refusal, standby pay would probably not apply.
• Overtime:
In spite of the Translation Bureau’s reassurances that this is a simple list of volunteers for the time being, should overtime become essential, you could be required to work overtime if you are contacted by the Bureau. Your manager would, however, be required to give you at least 12 hours’ notice of any requirement to work overtime, except in cases of emergency, call-back or mutual agreement. (See 13.03 c) hereunder.)
• Work at Home:
Case law recognizes home as a potential workplace in case of call-back. Thus, should your manager ask you to work overtime and you agree, provisions relating to overtime will apply, whether this overtime is done at home or at the office.
Where in doubt, please feel free to contact your local union steward.
TR Collective Agreement
Extract from the TR Collective Agreement – exp. 2005
13.08 STANDBY PAY
(a) When the Employer requires an employee to be available on standby for a specific period during off-duty hours, the employee shall be paid at the rate of one half (1/2) hour at straight time for each four (4)-hour period or portion thereof for which he has been designated as being on standby duty.
(b) An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with clause 13.07.
(c) An employee required to be on standby duty shall be available during the period of standby at a known telephone number and be able to report for duty as quickly as possible if called.
(d) No standby duty payment shall be granted if the employee is unable to report for duty when required.
(e) The Employer shall endeavour to allocate standby duties equitably among employees and shall first call for volunteers within the service where standby is required. Except in cases of emergency, the Employer shall also endeavour to give reasonable advance notice to the employee required to be on standby.
13.09 Payments made under paragraph 13.04(c) and clauses 13.07 and 13.08 shall not be pyramided; that is an employee shall not receive more than one (1) compensation for the same service.
ARTICLE 13 – OVERTIME
13.01 Exclusion
This article does not apply to employees covered by Article 19, Parliamentary Leave and Interpretation Leave.
13.02 General
**
(a) All calculations for overtime shall be based on each completed quarter (1/4) hour.
(b) Employees shall record starting and finishing times of overtime work in a form determined by the Employer.
(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.
(d) The Employer will endeavour to make cash payments for overtime in the month following the month in which the overtime was worked.