CMG recently won an arbitration when it challenged the ambiguity around the Hours Averaging agreement and the Canada Labour Standards Regulations, through a grievance.
The arbitrator ruled in CMG’s favour. The ruling means that time off in lieu (TOIL) taken by an employee must no longer be subtracted from the maximum hours of work over a period of 26 weeks. The impact for members is that it will give them the ability to accept more overtime work or additional assignments or projects.
CBC has now begun to implement the change to comply with the ruling. It will be retroactive to the beginning of the current averaging period which began February 1, 2021. It will be visible to you online in My Source today (May 17, 2021).
The grievance was launched by a CMG member who was denied the opportunity to work on an assignment that he had regularly worked on previously. In this case, CBC had determined the member had reached the maximum number of working hours capped under the agreement.
The manner in which the original process was applied by CBC managers denied many members the opportunity to work coveted extra hours on assignments or even breaking news.
Permanent, long-term temporary and contract employees are covered by this time averaging process to comply with the Canada Labour Code.
It’s important to note there is no change to overtime clauses in the CMG collective agreement.
The Hours Averaging agreement came into effect in April 2019.