Judgments

Decision Information

Decision Content

A-24-81
The Queen in right of Canada represented by the Treasury Board (Applicant)
v.
L. Thoral and M. Ross, grievors, represented by the Canadian Union of Postal Workers (Respond- ents)
Court of Appeal, Pratte and Marceau JJ. and Hyde D.J.—Montreal, May 14, 1981.
Judicial review — Labour relations — Application to set aside decision of Adjudicator entitling respondents, who worked their usual shift on a day of rest, to a paid meal period — Article 17 of collective agreement silent as to entitlement to a meal period in such cases — Adjudicator's decision based on art. 15 of collective agreement respecting overtime — Whether Adjudicator misinterpreted arts. 15 and 17 — Application allowed — Public Service Staff Relations Act, R.S.C. 1970, c. P-35, s. 91 — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review. COUNSEL:
Robert Lee for applicant. Paul Lesage for respondents.
SOLICITORS:
Deputy Attorney General of Canada for applicant.
Trudel, Nadeau, Lesage, Cleary & Ménard, Montreal, for respondents.
The following is the English version of the reasons for judgment of the Court delivered orally by
PRATTE J.: Applicant is asking the Court to set aside a decision by an Adjudicator pursuant to the Public Service Staff Relations Act, R.S.C. 1970, c. P-35. That decision allowed two grievances filed by respondents.
Respondents were employed by the Post Office Department at Rivière -du-Loup. Saturday, June 21, 1980, was a day of rest for them. They never theless worked their usual shift on that day: each of them worked seven and a half hours, and took a half-hour meal period. They were paid at double
time for the seven and a half hours, as required by subparagraph 17.01(a)(ii) of the collective agree ment, which states:
(ii) A full-time employee shall be paid at the rate of double (2) time for all hours worked on a day of rest.
Respondents also claimed to be entitled to pay ment for the half-hour meal period taken by them. This is the claim that was allowed by the decision a quo.
Article 17.01 contains no provision other than that cited above regarding the remuneration of an employee who works on a day of rest. It does not even provide that such an employee is entitled to a meal period. The fact that the Adjudicator nonetheless allowed the respondents' grievances is the result of paragraph (c) of article 17.01 of the agreement. That paragraph reads as follows:
(c) Where full-time employees are required to work on a day of rest, the principles contained in Article 15 will apply.
The Adjudicator considered that article 15, which relates to overtime, lays down the principle that a full-time employee who works more than three hours at a time when he is not ordinarily required to do so is entitled to a paid meal period of half an hour. He concluded that, as respondents worked more than three hours on Saturday, June 21, 1980, they benefited from this entitlement.
This conclusion of the Adjudicator appears to the Court to be based on a misinterpretation of articles 17 and 15 of the collective agreement. Article 17 makes "the principles contained in Article 15" applicable: but the principle cited by the Adjudicator is not contained in article 15. The only provisions of that article relating to meal periods are contained in paragraphs 15.02(d) and (e), which provide that an employee who works a certain number of hours of overtime in a single day in addition to his regular workload is entitled to a paid meal period. If this principle were contained in article 15 it would follow that, after working more than six hours on a day of rest, respondents would be entitled to not one but two paid meal periods.
The decision a quo is thus based on a misinter pretation of the collective agreement: because of this, it must be quashed and the matter referred back to the Adjudicator to be decided by him on the assumption that, under articles 17 and 15 of the collective agreement, a full-time employee who works on a day of rest is not entitled to a paid meal period.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.