Statistical Survey Operations 

July 11, 2005

Field Interviewers - "Day of Rest" Information Bulletin

Following the national bargaining conference last November, your bargaining team presented the employer with a package of demands which included a demand to make changes to article 23, "Hours of Work".  This demand can be viewed on the web site, and you will note that there is no proposed change to article 23.11 which is a provision for a "day of rest".  The bargaining team, therefore, had no mandate to make any changes to this provision.

The day of rest provision in the collective agreement, however, has been subject to dozens of different interpretations and managers have given completely different answers to questions on what clause 23.11 actually means.  Do we get a day of rest after working for six days in a row or not?  Your bargaining team spent the better part of a day on this issue, so that we could all understand, once and for all, what this language actually means. 

The following information comes from the bargaining table, but nothing in this bulletin constitutes a change to what is presently in the collective agreement.  Your bargaining team simply sought, and received, clarification on the issue of "day of rest" because so many members (and managers) are confused about what it means.  We have issued this bulletin for the sole purpose of making sure everyone receives the same information on this issue.

*           *           *

The "day of rest" provision is in article 23, which deals with hours of work, and reads as follows:

23.11  Notwithstanding clause 23.05, the days of rest provisions of this Agreement shall apply in a week when an employee is required by the Employer to work six (6) consecutive days, at the straight-time rate of pay, irrespective of the number of hours worked in that week. Under those circumstances, the seventh (7th) day of that week shall be considered as a day of rest for the employee. However, this provision shall not apply in a week where the day of rest coincides with a designated holiday in which case, work performed on the designated holiday will be paid in accordance with the provisions of Article 26.

At first glance, it looks like everyone should have a day of rest if they have worked for six days straight.  The clause, however, specifically states that you have to have been required to work by the employer in order to qualify for the day of rest.  Ultimately, we need to understand what "required to work" means in order to make sense of any of this.  This is where we began our discussion with the employer.

What does "required to work by the employer" mean?

Required to work means that you have been specifically asked, by your supervisor, to do a particular task on a certain day.  Article 23.06 allows you to schedule your work whenever you want.  This means that even though you are obviously "required to work" to complete your assignments, there is no obligation to do the work on any particular day.  Unless your supervisor specifically instructs you to do a certain thing on a certain day, you are not "required to work by the employer" within the meaning of article 23.

What are some examples of "required to work"?

If your supervisor tells you that you must begin working on an assignment on a certain day, that day will count as a day on which you were required to work.  For example, if you are told that you must begin a survey on a Monday, that day will be the first day on which you are required to work.  Even if you decide to keep working on Tuesday, Wednesday, Thursday, Friday and Saturday, you will only have been required to work for one day that week and will not get a day of rest on Sunday.

If, however, your supervisor tells you that you must work on your survey on Monday, and that you must continue to work on it on every day that week, you will have been required to work for six consecutive days in a week and will get a day of rest on Sunday.  All this means is that if you are told you must also work on Sunday, you will be paid at time and a half for that day. 

What about transmissions?

When you make a transmission at the end of the day (or even the morning after) in order to report on the progress of your work, this is not "required to work".  Transmissions, in this context, are simply part of the work your must do in order to fulfill your duties.  Even though you are required to make transmissions as part of your job, the employer doesn't require you to make them on any particular day - you are simply required to transmit on the days on which you choose to work.

On occasion, however, the employer may ask you to make a transmission which is not related to the work you are doing.  Usually, this is because they are having technical difficulties and need you to make a certain number of transmissions in order to fix the problem.  If the employer asks you to make these additional transmissions, it is clear that this does mean "required to work" and you will be paid for your time.  If you are specifically asked to make these additional transmissions for six days in a row, starting on Monday, then you will receive pay at the rate of time and a half for Sunday if the employer requires you to work on that day.  If you simply choose to work on Sunday without being specifically told you must, however, you will only be paid at the straight time rate.

Many (if not all) of your manuals tell you that you must make daily transmissions.  If this is the case, then you are "required to work" every day.  The employer, however, has told us that this is not necessary and that the manuals will be changed.  Unless specifically told otherwise, you are only supposed to transmit on the days on which you work.

If you are unsure about how often you need to make a transmission, ask your supervisor.  The rule, however is this:

-  If you are making regular transmissions in the course of completing a survey, they are treated in the same way as any other task you must complete - you decide which days you want to work, and you make the transmissions only on those days.  These types of transmissions do not count as "required to work".

-  If the employer asks you to make a transmission on a day on which you chose not to work, this is "required to work" within the meaning of the collective agreement.  If you are asked to do this for six days in a row, beginning on a Monday, Sunday will be a day of rest for you.

What is the difference between a day of rest and a day off?

You can take a day off any time you want.  As you are able to set your own hours, it's entirely up to you to decide on which days you want to work.  A day of rest is a day on which you are paid at time and a half if you are required to work.

If the employer doesn't specifically tell you that you must work on that day, it is no different than a day off.

Can a day of rest be on any other day but Sunday?

No.  A week always begins on a Monday and ends on a Sunday.  This means that when we talk about "six consecutive days in a week", we are automatically referring to Monday through Saturday (days one to six).  The only day that can be a day of rest, therefore, is Sunday - the seventh day in the week.

Can I work seven days a week if I want?

Yes.  You can work on any day of the week, up to any number of hours you choose.  Even if you decide to work for seven days in a row, however, you will only be paid at the straight time rate.

Can the employer make me take a day off?

No.  You set your own work schedule.

Can the employer make me work 7 days in a row?

Technically, the employer could require you to work for seven days in a row, but they would have to pay you at time and a half for the seventh day.  In reality, this would be extremely rare.  What may happen, however, is the following:   You choose to work for the first six days of the week (Monday to Saturday), and the employer tells you on Saturday night that they need you to do something on Sunday.  Even though you would then be working on your seventh day, you will only get straight time because you weren't "required to work by the employer" on the other six days, only on the seventh.

The Bottom Line

The only way to get an official day of rest is to work for six straight days, starting on Monday, and only after the employer specifically tells you that you have to.  You will then get a day of rest on Sunday.  All this means is that if the employer then tells you that you have to do something on the Sunday, you will be paid at time and a half.  Otherwise, your "day of rest" is just like any other day of the week - you can either take it off work, or you can choose to work and be paid at the straight time rate of pay.

IMPORTANT

The day of rest provision cannot be changed at this round of bargaining because the union did not present any demands on this issue.  If you are unhappy with the current language, you must bring a demand to change article 23.11 at the next round of bargaining.

As this explanation of article 23.11 may be quite different from explanations you may have been given in the past, we are happy to answer any questions you may have.  Please email Gaby Levesque at levesqg@psac.com with any questions or concerns.