The employer may limit the number of hours worked per day

Release date: July 1st, 2011

The union challenges the validity of a rule set by the employer, a tire warehouse, prohibiting employees from working more than 12 hours per day. The collective agreement stipulates that the regular work schedule is 7.5 hours per day, and that employees can do overtime according to the terms and distribution specified therein. The collective agreement does not call for a maximum number of hours worked per day. According to the arbitrator, the employer’s management right and his obligation to ensure the safety of his employees authorise him to restrict their daily number of working hours. The employer therefore acted in a reasonable and responsible manner, considering that employees’ vigilance is diminished beyond 12 hours of work. The grievance is dismissed. Teamsters Québec, Locale 931 v. Ceva Logistics Canada, U.L.C. (union grievance), 2010EXPT-849, DTE 2010T-234 (T.A.) Me Pierre St-Arnaud


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