London, Ont., City workers win arbitration over day of mourning for queen

Established London, Ont., internal workers will receive compensation after an arbitrator ruled that the city council erred in not giving them a holiday on Sept. 19, a national day of mourning following Queen Elizabeth’s death last year.

CUPE Local 101, which represents about 900 city workers, filed the complaint Sept. 20. The union alleged that the city breached part of its collective agreement with the workers by rejecting their request for the day of the Queen’s funeral. fell on a Monday – treated as a public holiday.

The agreement says that CUPE members who work holidays they do not regularly work should be compensated at normal wages. In addition to statutory holidays, the agreement defines holidays as they are described in the bill of exchange: “Any day designated by proclamation to be observed as a holiday or a day of general prayer or mourning or a day of public rejoicing or thanksgiving, in all over Canada.”

During the arbitration hearing, attorneys for both sides disagreed over whether the wording of a federal Order in Council and government statements and press releases met that definition of a holiday.

In his March 30 decision, arbitrator Michael Bendel sided with the union, saying its members are entitled to be paid for working that day as if it were a holiday.

Attorney Michael Klug, the attorney representing CUPE in the complaint, confirmed with CBC News that employees covered by the collective agreement who worked that day will receive the applicable overtime rate plus vacation pay.

CBC News reached out to Steve Holland, president of CUPE Local 101, for comment. In an email, Holland said he was on vacation and unable to comment and that no one else in the union leadership was available for an interview.

While the federal government declared September 19 a holiday for federal workers following the Queen’s death on September 8, it was for the provinces to decide whether to declare the day a provincial holiday.

Different in different provinces

Premier Doug Ford opted not to make the day a public holiday in Ontario as this would allow children to stay in school and learn about the Queen’s achievements.

Saskatchewan and Manitoba also decided not to declare September 19 a legal holiday.

However, Nova Scotia, New Brunswick, PEI, and Newfoundland and Labrador joined the federal government in making September 19 a provincial holiday.

BC declared the day a public holiday for public sector employees, while private sector employers were encouraged to mark the day in a manner that is “appropriate for their employees.”

In the UK, September 19 was declared a public holiday, closing schools and government services. British businesses were allowed to remain open or close at their choice without having to compensate employees.

New Zealand and Australia decided to hold one-off national holidays on the day of the Queen’s funeral.

Two unions in BC lost a similar complaint following an arbitrator’s decision in that province. The arbitrator ruled that government leaders deliberately stopped declaring the day as a holiday for employees outside the federal government.

The City of London has filed a judicial review of the decision, which is still pending. A spokesperson for the city said none of the city’s employees could comment while the judicial review is being heard.