All Drivers
February 6, 2001
Re: Annual Overtime Calculations
Sisters and Brothers,
It is that time of year when we get requests on how to calculate annual overtime, or averaging. Greyhound
and Brewster have provisions for this in their Collective Agreements, STC's Agreement is silent. The
annual averaging is governed by the Canadian Labour Standards.
In short, every hour worked in excess of 2080 hours in a year, (40 hours x 52 weeks), is to be paid as
overtime. Of course this doesn’t count on hours already paid for at the overtime rate.
Where the confusion starts is when reductions to the 2080 hours are made. The more you can reduce the
2080, the more overtime you are entitled to. And in order for you to be able to check the Company’s
calculations you need to know how. Even though it at a first glance look confusing it’s a rather simple
calculation.
First you need to add up all your regular, non-overtime, hours in the averaging period. At Greyhound that
is 26 pay periods running from approximately December 25th to December 24th . At Brewster it’s a 12month period determined by the Company.
Then you need to determine all your reductions off the standard 2080 hours. And in interpretation of the
Labour Standards Regulations you will do that as follows:
Spareboard drivers , (employees with no set hours of work): You will reduce the 2080 hours by 40-hours
for any 7 consecutives days of not working. I.e. Vacation, Lay-Off, sitting around at home waiting for the
phone for 7-days, Book-Off, LOA etc. (Or a combination of all).
Regular drivers : You will reduce the 2080 hours by 8-hours for any day that is normally a working day
but which you did not work, to a maximum of 40-hours per 7 consecutive days. Due to: Book Off,
Vacation or Cancelled Trips due to Stats or weather or whatever. Also note that it doesn’t matter if you
were paid or not. If you were paid and the hours were not credited/shown then that day will come off.
Note that you cannot reduce the 2080 hours if you only book off part of a day. The provisions are for 8hours per full day. It also doesn’t matter how many hours you were supposed to work that day. If it was a
4-hour day, you will reduce by 8-hours. If it was a 12-hour day, you will reduce by 8-hours.
For example: All your vacation and book offs etceteras came to 200 hours, you would then reduce the
2080 by 200, for a total of 1880. Therefore all regular hours worked in excess of 1880 hours in the 12
month averaging period is now your annual overtime figure.
We had one instance, a few years ago, where a driver received a cheque for $6.00, and after checking the
Company’s calculations he found that he was entitled to (and was paid) $3,000.00.
Note: that the Company may not agree on how some reductions from the 2080 are to be made. However
that doesn’t change our position! We still have unresolved grievances at GCTC dealing with this.
Below is part of the regulations and also an example of an actual calculation used.
CANADA LABOUR STANDARDS REGULATIONS
(6.7) Subject to subsection (8), the standard hours of work and the maximum hours of work
calculated in accordance with subsection (6) shall be reduced by eight hours for every day during
the averaging period that, for an employee, is a day
(a) of bereavement leave with pay;
(b) of annual vacation with pay;
(c) of leave of absence with pay under subsection 205(2) of the Act;
(d) of general or other holiday with pay; or
(e) that is normally a working day in respect of which the employee is not entitled to
regular wages.
(6.8) The standard hours of work and the maximum hours of work calculated in accordance with
subsection (6) shall not be reduced by more than 40 hours for any week that, for an employee, is a
week
(a) of annual vacation with pay;
(b) of leave of absence with pay under subsection 205(2) of the Act; or
(c) that is normally a working week in respect of which the employee is not entitled to
regular wages.
(6.9) The standard hours of work and the maximum hours of work calculated is accordance with
subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the
averaging period, during which an employee is not entitled to regular wages.
Sincerely,
Len Munter
President Business Agent
[email protected]
--- THIS IS JUST AND EXAMPLE CALCULATION ---
Annual Overtime Calculation – 1999
(GCTC payscale).
Reducing the Standard 2,080 hours with:
Pay Period
Hours
Dec. 20-Jan. 02
89.23
Jan. 03-Jan. 16
101.91
Jan. 17-Jan. 30
90.82
Jan. 31-Feb. 13
100.32
Feb. 14-Feb. 27
106.57
Feb. 28-Mar. 13
96.00
Stats normally worked but due to the
Holiday were cancelled @ 8hrs.
Vacation @ 40hrs per week
Book-Offs @ 8hrs per regular working day*
Cancelled trips @ 8hrs per regular working day*
Any day, normally worked, not worked @ 8 hrs*
(*Maximum 40 hrs per week)
Any Book-Offs from Spareboard @ 40hrs per
week.
Mar. 14-Mar. 27
105.82
Mar. 28-Apr. 10
70.16
April 04: Regular Truck Cancelled (Stat):
8.00
Apr. 11-Apr. 24
96.00
April 07: Book Off from Regular Run.
8.00
Apr. 25-May. 08
96.00
June 9-29: 3 weeks vacation:
120.00
May. 09-May. 22
96.00
July 08: Lost Regular assignment:
8.00
May. 23-Jun. 05
109.00
Sep. 14-27: 2 weeks vacation:
80.00
Jun. 06-Jun. 19
11.00
Nov. 25-26: Book Off from Regular Run:
16.00
Jun.20-Jul. 03
27.75
Dec. 9: Book Off from Regular Run:
8.00
Jul. 04-Jul.17
107.50
Dec. 20: Lost Regular Assignment:
8.00
Jul. 18-Jul. 31
100.00
Aug. 01-Aug. 14
92.23
Aug. 15-Aug. 28
115.23
Total Reductions:
256.00
Aug. 29-Sep. 11
92.43
Sep. 12-Sep. 25
0.00
Sep. 26-Oct. 09
78.84
Oct. 10-Oct. 23
78.84
Oct. 24-Nov. 06
78.84
Overtime is all time worked in excess of:
2,080.00 – 256 =
1,824.00
Nov. 07-Nov. 20
73.17
Nov. 21-Dec. 04
59.42
Dec. 05-Dec. 18
39.67
Annual Overtime, averaging, is:
2,112.75 - 1,824.00 =
288.75
Claim for 1999 is: 288.75 x 8.27 = $
2,387.96
Plus 4% meal allowance: = $
95.52
2,112.75
Tot. Reg. Hrs.
1999
2,483.48
Total claim for 1999: $