Bulletin Board
Overtime Letter of Understanding - ClarificationChanges to Employment Standards legislation that came into effect April 30, 2007, necessitated an amendment to the WAPSO collective agreement in order to comply with the legislation regarding overtime compensation.Prior to these changes, WAPSO members received five paid days (WAPSO week) each year in recognition for additional time worked, which is inherent in the nature of the professional, supervisory roles of WAPSO members. Inordinate overtime worked could involve additional compensation, but at the discretion of management. The new Letter of Understanding defines the number of hours over regular working hours that can be worked without additional compensation as one hundred (100) hours in a year. These hours, representing approximately two (2) hours per week, would be captured by the WAPSO week and reflect the extra hours inherent in the jobs our members perform. Hours worked beyond the one hundred (100) will be compensated in accordance with the Employment Standards Act at time and one half. There is no requirement to work any overtime hours in order to qualify for the WAPSO week. This time recognizes the flexibility that is necessary for professional and management staff to properly fulfill their roles. Members who work more than their regular scheduled hours and are entitled to overtime compensation beyond the WAPSO week will need to have tracked their overtime hours throughout the year. We would recommend that all members keep track of overtime hours worked whether or not they believe they will be over the one hundred (100) hour threshold sometime during the year. Clearly those who exceed the threshold and are claiming time and one half overtime will need to demonstrate that the additional hours were worked. We would further recommend that members who are nearing the one hundred (100) hour threshold advise their managers of this in order to avoid controversy when the time and one half overtime is claimed and as a courtesy to allow for managers to plan their overtime expenditures. It should be understood that "on call" or "standby" hours are not considered overtime and do not count in the calculation of overtime hours. WAPSO is working with departments to resolve "on call" issues. Spokespersons for the City have assured that the Letter of Understanding is intended simply to assure that the treatment of overtime is in compliance with the legislation. Other than providing for time and one-half compensation to members working excessive overtime, no other changes in working conditions are to take place. There will no doubt be some difficulties in the application of the Letter of Understanding due to unique circumstances or because the arrangement is new to both our members and City management. Please let us know if you experience any difficulties and we will endeavor to sort them out with the City. WAPSO Executive Director Robert (Bob) Young |
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