Skilled Trades Association, CAW Local 199 St. Catharines (General Motors Unit) | ||||||
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This letter was sent to John Henderson in response to his letters to Gesele Nicholls and Christopher Bentley of the Ministry Of Labour. From Sophie Dennis Dear Mr. Henderson: Your letter of November 10, 2003 addressed to the Honorable Christopher Bentley has been forwarded to me for response. It is the Ministry’s understanding from your letter C.A.W. Loc.199, on behalf of its members has agreed in writing with General Motors, St. Catharines operation, to work in excess of 48 hours a week up to a maximum of 60. It further claims there may be contraventions of the Employment Standards act, 2000 (“ESA”), specifically exceeding the 60-hour weekly maximum without approval of the director of employment standards, as well as the daily rest periods. The ESA provides that, for most employees in Ontario, the maximum number of hours they can be required to work is: eight hours a day, or if the employer has established a regular workday longer than 8 hours, then the number of hours in that day, and 48 hours in a work week. An employer and an employee, or, if unionized, their union representative, can agree in writing that the employee will exceed the daily maximum or the weekly maximum up to 60 hours in a work week. Based on your letter, it is our understanding that your union has agreed in writing, on behalf of its members, that the employer may schedule employees to work in excess of 48 hours up to a maximum of 60 hours per workweek. If your employer wishes to schedule its unionized employees to work more than 60 hours a week, and is not a result of exceptional circumstances as set out in section 19 of the ESA, your employer can only do so with the agreement of your union and the approval of the Ministry of Labour’s Director of Employment Standards. Your letter refers to possible ESA violations. Generally speaking, employees represented by a union cannot file a claim with the ministry for violations under the Act. However, the ESA is enforceable, pursuant to section 99(1), against an employer bound by a collective agreement as if the Act itself were part of the agreement. Further, the ESA provides that if an arbitrator finds that an employer has contravened the Act, such arbitrator may make an order against the employer that an employment standards officer could have made with respect to that contravention (excepting issuing notices of contravention), including orders to comply with the Act. Accordingly, I suggest you consult with your union representative regarding your belief that the ESA is not being followed to determine whether or not your claim may be pursued through the grievance procedure contained in the collective agreement between your employer and the union. Sophie Dennis Regional Director | ||||||
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