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Grievances for overtime pay dismissed as the collective agreement unambiguously excluded the grievors' classification from the claimed schedule.
Six Correctional Officers filed grievances alleging the employer violated the collective agreement by failing to pay them overtime based on an annual balancing of hours under Schedule A. The employer brought a motion to dismiss, arguing the grievors are classified as CO2 under Schedule 4.7, not Schedule A. The Arbitrator upheld the employer's motion, finding the collective agreement unambiguously places CO2s in Schedule 4.7, and applying Schedule A would effectively amend the collective agreement.
The grievances were dismissed.
