The SEIU-West/SAHO Collective Agreement does not contain any specific clause that authorizes the employer to mandate their employees to come to work.
WHAT IS EMPLOYER MANDATING?
- This occurs when the Employer provides the Employee with a directive that they must report for work on a date/time/place for a shift that is NOT part of their regular rotation. It is, in short, a DEMAND to appear for work.
TO WHAT EXTENT, IS AN EMPLOYER ABLE TO MANDATE EMPLOYEES TO WORK?
- Under The Labour Standards Act, an employer shall not require an employee to work or to be at his disposal for more than 44 hours in any week, except in the case of an emergency. See Section 12 of the Act.
- Similarly, Article 13.09 of the SEIU-West/SAHO Collective Agreement provides that ‘employees will not be required to work overtime or be on standby against their wishes when other qualified employees within their work until are willing to perform the required work or take such standby’. This means that any requirement to work overtime must be done in the order of reverse seniority, subject to legitimate reasons not to attend work (unable to arrange childcare, illness, inebriation, etc.)
WHAT SHOULD BE HAPPENING AT MY WORKPLACE?
- Your EMPLOYER should NOT attempt to mandate you to attend work at regular time EVER. There is no authority for the Employer to do this within the terms of the Collective Agreement; nor is there provision under the Act.
- If you are required to attend work – based upon the ‘work now – grieve later’ rule, we would advise that you MUST be paid overtime rates at 2X your regular rate of pay for all hours so worked. This is based on Article 13.05 d) of the Collective Agreement – a change within the posted and confirmed work schedule.
- Based on the common terms (between the Collective Agreement and the Act) you cannot be required to work in excess of forty-four hours in a given week.
SEIU-West wants to be very clear. Mandating does not exist in the Collective Agreement. It is unlawful for the Employer, as per The Labour Standards Act, to require an employee to work more than forty-four hours in a given week. Article 13.09 sets out the permitted process of requiring an employee to work overtime (providing your hours of work do not exceed 44 hours per week).
WHAT ARE WE DOING ABOUT IT?
- SEIU-West will support any grievance relating to the Employer mandating an Employee to work – where the Employer does not readily pay 2X your regular wage for all hours worked OR – where the Employer requires an Employee to work in excess of 44 hours per week and no emergency exists.
WHAT CAN YOU DO ABOUT IT?
- If you have any questions about employer mandating or any other issue use the “Contact Us” form on www.seiuwest.ca or call the MRC (1 888 999 7348), extension 1 and have them assist you and your Unit Chair in the grievance administration process.
Tell your co-workers about this notice.
- Support each other when the Employer attempts to off-load their shortage of staff issue onto the shoulders of your co-workers. Understand that you and your co-workers can say, “I have a legitimate reason for declining a shift”.