RSMC Overtime Payment

During the arbitration process imposed through Bill C-89, CUPW proposed many changes to the payment of hours worked by RSMCs, including regular, overtime, and weekend hours. For us, it is inconceivable that a worker would not be paid for all his or her hours of work.

Arbitrator MacPherson’s award only covers hours worked in excess of 40 hours a week based on an average of two consecutive weeks.

What extra will I be paid from now on?

All hours worked by RSMCs and Permanent Relief Employees (PRE) beyond forty (40) hours per week over a period of two (2) CONSECUTIVE weeks, regardless of the time value listed in Schedule A.

What is the rate for these hours WORKED?

You will be paid your derived hourly rate times 1.5 for all eligible hours.

How do I get paid?

1. You must RECORD the number of hours WORKED EVERY DAY.
   
   
2. You must NOTIFY the Corporation that you have WORKED an average of more than 40 hours per week over a period of two (2) CONSECUTIVE weeks.

When such an overtime situation occurs, Canada Post must pay you the overtime and then it has 3 options: 

• Do nothing and continue paying the overtime worked under these rules when the situation occurs again, or 

• Restructure to reduce your route (RMS hours) so that you are not working more than forty (40) hours per week , or 

• Where practicable, provide assistance to perform the work beyond your average of forty (40) hours per week.                                                                                                                                      

Note that the salary of the employee providing the assistance will be paid by the Corporation and will not be deducted from your salary. Your salary will remain the same until your route is reduced.

Will I get paid for ALL the hours I work?

Unfortunately, no. Any employee whose average workweek on his or her own route exceeds forty (40) hours during any period of two (2) consecutive weeks, the Corporation shall pay the employee the difference between the actual number of hours worked by the employee each week and 40 hours, at the appropriate derived hourly rate multiplied by 1.5.

Example: Your Schedule A lists your route at 36 hours per week. You worked 50 hours in the first week and 37 hours in the second week. You will be paid for ten (10) hours WORKED at time and a half (1.5) for the first week. In the first week, the four (4) hours worked between hours 36 and 40 remain unpaid. In the second week, the one hour between 36 and 37 hours will also remain unpaid.

The arbitrator’s award is legally binding and the changes are effective as of June 11, 2020. You should carefully record your hours worked to assert your right to be paid for hours worked beyond forty (40) hours. We will be consulting with Canada Post to determine the process for recording hours worked. We will provide this information as soon as it becomes available.

We will return to bargaining soon and continue to demand that all hours worked be paid at the appropriate rate. We will not remain silent in the face of injustice.

In Solidarity,