Finning International Inc v International Association of Machinists and Aerospace Workers Local Lodge 99, 2013 CanLII 87789 (AB GAA)

This matter concerns the grievance filed by the International Association of Machinists and Aerospace Workers (the "Union") in regards to paid hours on the fly-in days where employees work the remainder of the day shift right after landing at the remote worksite. It is argued that according to the Letter of Understanding ("LOU"), workers who fly in and work a day shift are entitled to 12 hours straight time pay irrespective of when the flight arrives on-site or how many hours are actually worked. In the alternative, it is argued that the principle of estoppel should be applied based on a longstanding practice relied upon by the employees where Finning International (the "Employer") pays employees for their 12 hours on fly in days. The Employer argued that there is no language in the collective agreement that supports the Union's position that workers are entitled to a full 12 hours without consideration of the hour worked, and further, that the Union is not entitled to create new legal rights and obligations based on a past practices they allege existed. The legal rules in the collective agreement are clear and do not require extrinsic evidence to provide clarity: workers that work the same day as flying in are entitled to hours associated with travel time and actual work, up to 12 hours. While it is acknowledged that employees had formerly been paid differently upon arrival, the flight arrival times changed and this meant workers are now on site for a shorter period of time upon arrival and therefore paid accordingly. However, this lost hour on arrival is made up at departure, and the 160 hour overtime threshold is always met over the entirety of the two-week work rotation regardless of how the fly-in day is treated.
The grievance failed and was accordingly dismissed. The LOU is sufficiently clear and does not require extrinsic evidence to provide clarity. Furthermore, neither the LOU nor the collective agreement supports the Union's position. Neither contains language that requires a full 12 hours of pay on the fly-in day if the employees only work a portion of that day. On the issue of estoppel, the arbitrator found the Employer's position as persuasive and denied the Union's argument.