The new collective agreement brings about new dispositions pertaining to « On-Call » Procedures. More precisely, Art. 18.2.1 provides for a minimum payment of three hours for each call to work during rest periods. This new disposition is covered in the fourth paragraph of the article: « On-call employees will receive a minimum of three (3) hours regular pay when required to work ». Moreover the same paragraph reiterates this notion of a minimal payment at the tail end: « Employees who are [ on-call ] assignments will be paid a minimum of three (3) hours ».
APS negotiated this provision with the intention to restrain abuses while employees are on rest periods. The disposition is to be interpreted for example in the case of an employee having completed a normal shift of work at 17.00H. A first call at midnight triggers a minimal payment of three hours while a second call at 4:00 am, after completion of work for the initial call, triggers another three-hour minimal payment.
We are presently receiving many notices of erroneous interpretations of this new provision. APS intends to clear up the air at the upcoming National Joint Committee meeting to be held in Montreal on May 1st, 2017. In the meantime, we are asking all of the members feeling they could be the victims of wrongful interpretations to keep track of abuses that might have been committed against them. More precisely, in situations where they would have been deprived of a second or a third minimum payment during a rest period.
We are seeking an understanding with Management over the interpretation of the clause. This is the reason we will get back to you after the May 1st meeting to disclose the course of action we intend to follow.
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