Applicant
Respondent
In this case, the International Brotherhood of Electrical Workers, Local 2228 (IBEW) represented civilian electronic technologists working at the Department of National Defence. The dispute revolved around the calculation of overtime pay during sea trials, which required irregular working hours aboard naval vessels. The relevant provision of the collective agreement, Article 32.04, stipulated that employees would receive overtime pay for hours worked in excess of the regularly scheduled hours of work, up to twelve hours at time and a half, and subsequent hours at double or triple the rate. The disagreement between the parties centered on the interpretation of "regularly scheduled hours of work." The Federal Public Sector Labour Relations and Employment Board (FPSLREB) considered the case and sided with the IBEW's interpretation, ruling that regularly scheduled hours should be included in the calculation of overtime pay. The employer challenged the decision, asserting that the Board erred in not applying the doctrine of res judicata, failing to consider previous decisions, and neglecting certain arguments and principles. However, the Board's decision was deemed reasonable and supported by a coherent and rational chain of analysis. The employer's abuse of process argument was dismissed, as the legislation allowed the IBEW to bring policy grievances on the interpretation of the collective agreement. Ultimately, the application was dismissed, and costs were fixed at $3,500.00.
Court
Federal Court of AppealCase Number
A-13-21Practice Area
Labour lawAmount
$ 3,500Winner
RespondentTrial Start Date