Status of stat holiday

octobre 24, 2011 à 16:00
Last year, the union filed three grievances on the application of Article 13 of the JAZZ CSA collective agreement that dealt with general holiday remuneration for members who regularly work shifts in excess of eight hours. 

The CAW argued that limiting remuneration to a "maximum of eight hours,” violated the Labour Code 196(2) which states;  "employees be paid at least the equivalent of the wages the employee would have earned at his/her regular rate of wages for his/her normal hours of work.”

Arbitrator Tom Hodges agreed with the CAW, and on September 22, 2010, Jazz Air was directed to pay its employees, whose regularly scheduled day off falls on a General Holiday the hours of wages/credit hours to which they are entitled.

The award was challenged by Jazz, on the basis that Jazz did not get an opportunity to fully present their case at the original hearing and as such requested that the award go to judicial review.

As an alternative to the judicial review process, the CAW Legal Department agreed to let Jazz submit any additional documents for the arbitrator to review, provided the CAW would have the opportunity to reply. Both parties have submitted their final written briefs to Mr. Hodges. We will communicate the decision as soon as it is made available.

We wish to thank the Jazz CSA membership for their patience and understanding in this matter.

In Solidarity,

Joel Fournier, CAW National Representative