Article 16

Overtime Provisions for Regular Part-Time Employees and Auxiliary Employees

 

16.01 Application
This Article applies to all regular part-time employees and all auxiliary employees.

16.02 Definition
OVERTIME means work performed or time spent on Employer’s business by a full-time employee in excess or outside of the employee’s regularly scheduled hours of work.

16.03 Authorization

(a) An employee who is required to work overtime shall be entitled to overtime compensation when:

(i) the overtime worked is authorized in advance by the Employer; and

(ii) the employee does not control the duration of the overtime worked.

(b) Notwithstanding (a) above, it is recognized that the nature of the work carried out by certain employees is such that it may not be reasonably possible for the employee to obtain prior authorization for necessary overtime work. In such cases, the employee shall use discretion in working the necessary overtime and the Employer shall be considered to have authorized the overtime in advance. The Employer reserves the right, subject to the grievance procedure in this Agreement, to determine the legitimacy of the overtime claimed. In order to enable fair administration of this provision, the Employer will draw up regulations defining the circumstances under which an employee may work overtime without prior authorization.

16.04 Computation

No compensation is payable for overtime work of less than five minutes’ duration per work day, for which computation, however, overtime worked immediately preceding the normal starting time of a work day may be added to the overtime worked immediately following the normal finishing time of the same work day. Overtime shall be compensated in 30 minute increments.

16.05 Recording

Employees shall record starting and finishing times for all overtime worked in a form designed by the Employer.

*16.06 Types of Overtime and Rates of Compensation

a) i) Overtime on a regularly scheduled work day shall be compensated at the rate of time and one-half for the first two hours and double time thereafter. This overtime compensation is to be on a daily basis and not cumulative.

(ii) A part-time employee, whose regular work day is shorter than the normal daily hours for a full-time employee and who is required to work in excess of regularly scheduled working hours, shall be compensated at straight-time rate for the hours so worked up to the normal daily hours for a full-time employee, and thereafter at overtime rates as prescribed in (i) above.

(iii) An employee working flextime shall not be entitled to the overtime compensation prescribed in (i) above until the employee has worked in excess of the agreed averaging period or the maximum daily hours for employees on flextime.

(iv) A full-time employee, or a part-time employee whose regular work day is of the same duration as for a full-time employee, who is required to work a minimum of two and one-half hours of overtime immediately before or after regularly scheduled daily hours of work, shall be provided with a meal or reimbursed in the amount of $15.91 effective April 1, 2022; effective April 1, 2023, $16.98; effective April 1, 2024, TBD. In either case, a meal break of one-half hour shall be given and considered as time worked. If the employee continues to work overtime beyond three hours, a further meal or allowance and meal break as above shall be provided upon completion of an additional four hours worked, and upon completion of every three hours worked thereafter. For a part-time employee whose regular work day is shorter than the normal daily hours for a full-time employee, this provision shall not apply until the employee has worked up to two and one-half hours in excess of the normal daily hours for a full-time employee. This meal allowance shall not apply to any employee who is on travel status or who is entitled to field allowance.

Note: The 2024 allowances will be increased by the percentage of the combined GWI and COLA for each respective year.

(b) An employee who has regularly scheduled days of rest and who is required to work on such a day of rest shall be compensated at the rate of double time for all hours worked.

(c) A regular part-time employee who works on a designated holiday to which the employee is entitled and which is a regularly scheduled work day shall be compensated at the rate of double time for all hours worked, plus a day off with regular pay in lieu of the holiday.

For Christmas Day and New Year’s Day, the compensation shall be at the rate of double time and one-half for all hours worked, plus a day off with regular pay in lieu of the holiday. Such day off in lieu shall not apply where designated holidays are already built into the work schedule of the employee.

(d) A regular part-time employee who works on a designated holiday to which the employee is entitled and which is not a regularly scheduled work day shall receive the regular rate of pay for the day, plus additional compensation at the rate of double time for all hours worked. For Christmas Day and New Year’s Day, the additional compensation shall be at the rate of double time and one-half for all hours worked.

(e) An auxiliary employee who works on a designated holiday to which the employee is entitled shall be compensated in accordance with (c) above. An auxiliary employee who works on a designated holiday to which the employee is not entitled shall be compensated at straight-time rate for hours worked up to the normal daily hours for a full-time employee, and thereafter at overtime rates as prescribed in (a)(i) above.

(f) An employee on travel status who is required to travel on Employer’s business shall be deemed to be at work and shall be compensated accordingly. However, “hours travelled” means hours spent travelling from point to point within British Columbia and does not include time spent other than actually travelling, such as meal breaks and sleep. The Employer may determine the means of such travel.

(g) An employee who is called back to work outside that employee’s regularly scheduled hours of work shall be compensated at the applicable overtime rate. The employee shall be so compensated from the time of leaving home to report for call-out duty until the time of arriving back, upon proceeding directly to and from work. The minimum compensation for a call-out shall be three hours’ compensation. This provision shall not apply to an employee who is not assigned a regular work schedule and who is normally required to work whenever called.

(h) When an employee is called out for overtime prior to a scheduled shift and it was not possible to give sufficient notice to permit preparation of the meal normally taken to work, the Employer shall provide the meal or pay the overtime meal allowance.

16.07 Method of Compensation

(a) Overtime compensation shall be monetary or in time off, at the employee’s option. If the employee chooses time off, such time off shall be scheduled by mutual agreement between the Employer and the employee. Employees shall, within 60 days from the end of the month in which the overtime was worked, schedule such earned time off.

b) i) Any overtime still owing at the end of the calendar year may be taken as compensatory time off at a mutually agreeable time prior to the end of the fiscal year. Should this become impossible, all outstanding overtime shall be compensated by monetary payment at the end of the fiscal year.

(ii) Notwithstanding (b)(i) above, an employee who has opted for compensatory time off (CTO) for overtime worked in one calendar year may, by mutual agreement, schedule the CTO to be taken by April 30, of the following calendar year, and the employee may not subsequently opt for monetary payout for the overtime.