After an arbitration decision on September 19, 2022, workers will be paid for their work
Unionized An arbitrator ruled that the city of London, Ont., made a mistake when they didn’t give inside workers a day off on Sept. 19, which was a national day of mourning after Queen Elizabeth died last year. This means that the city will have to pay the workers.
The complaint was filed on September 20 by CUPE Local 101, which is made up of about 900 workers inside the city. The union said that the city broke a part of its agreement with the workers when it said no to their request that the day of the Queen’s funeral, which happened to be a Monday, be treated as a holiday.
According to the agreement, CUPE members who work on holidays they don’t usually work must be paid at their regular rate. In addition to the holidays set by law, the Bills of Exchange Act holidays are also listed in the agreement.”Any day set by proclamation to be a public holiday, a day of general prayer or mourning, or a day of public rejoicing or giving thanks, everywhere in Canada.”
During the arbitration hearing, the lawyers for both sides argued about whether or not the language of a federal order in council and government statements and news releases fit that definition of a holiday.
In his decision on March 30, arbitrator Michael Bendel agreed with the union and said that its members should be paid as if it were a holiday for working that day.
Lawyer Michael Klug, who is representing CUPE in the grievance, told CBC News that workers who worked that day and are covered by the collective agreement will get the overtime rate for that day plus holiday pay.
CBC News asked Steve Holland, president of CUPE Local 101, for his opinion. Holland said in an email that he was on vacation and couldn’t say anything, and that no one else in the union’s leadership was available for an interview.
After the Queen died on September 8, the federal government made September 19 a holiday for federal workers. It was up to the provinces to decide if they wanted to make the day a provincial holiday.
It’s different in each province
Premier Doug Ford decided not to make the day a holiday in Ontario because he thought it would be better for kids to stay in school and learn about what the Queen has done.
The governments of Saskatchewan and Manitoba also decided not to make September 19 a legal holiday.
Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador, on the other hand, joined the federal government in making September 19 a provincial holiday.
Public sector employees in B.C. were given the day off, and private sector employers were told to celebrate in a way that was “appropriate for their employees.”
The 19th of September was a bank holiday in the United Kingdom. Schools and government offices were closed. Businesses in the UK could choose to stay open or close without having to pay their employees.
On the day of the Queen’s funeral, New Zealand and Australia decided to have a one-time national holiday.
An arbitrator in British Columbia ruled against two unions that had the same complaint. The arbitrator said that government leaders had chosen not to make the day a holiday for people who didn’t work for the federal government.
The City of London has asked the courts to look into the decision, which is still being considered. A city spokesman said that while the judicial review is being heard, no one on the city staff can say anything.