Tuesday, August 30, 2022

'You might go to jail if you don't work overtime': Employer and Labour Board threaten charges and arrest if employees refuse 12-Hour overtime shifts


With the backing of the local Labour Board this employer has allegedly issued this cease and desist to their staff, threatening scaffolders with charges and imprisonment if they refuse to stay after their 10-hour shift for "voluntary" overtime. 

The cease and desist claims the company has received a determination from the Alberta Labour Relations Board that declares workers "Have engaged in a strike or job action by coordinated refusal to work overtime." A matching determination listed on the Alberta Labour Relations Board site gives credibility to these allegations.

Reddit user u/Revolutionary-Job361, who posted photos of the cease and desist, claims that their Father works at a "giant oil mine" in Alberta, Canada. The mine has reportedly been struggling to attract workers and has resorted to providing incentives for workers taking on extra shifts. This extends to most working groups but not to the scaffolders. As a resort, the user writes, the scaffolders have defaulted back to their contracted hours, refusing to work the "voluntary" overtime that the employer was offering.

"So they started only working the hours required under the contract. 40 hours a week. Everyone else is working 12-hour days 6 days a week. The company just sent a cease and desist letter for an 'illegal work action' threatening jobs, future employment, and even court MANDATED overtime with jail as a consequence for not working."

As the thread continued to blow up, commenters began asking where the determination was. "I can't help but notice the Labor Relations Board's order is not attached," commented one user who was doubting whether or not the determination even existed. The poster of the thread began responding to these comments with a link to the determination.

Section 4 of the Findings on the decision issued by the Alberta Labour Relations Board reads as follows.

"The Board finds the anonymous letter, and the Employees' concerted refusal to accept overtime shifts for the purpose of compelling the Employer to agree to terms and conditions of employment, constitutes an illegal threat of an illegal strike pursuant to section 71, and the Board declares that these Employees have threatened an illegal strike contrary to that provision."

These tactics are attempts by the employer to strong arm employees into partaking in this "voluntary required" overtime. It is nothing but bullying and scare tactics to force the employees into breaching their employment agreements. 

Responders were quick to point out and react to the sheer insanity of the cease and desist.

"They even put "voluntary" in f-ing quotation marks!" remarked Reddit user Ar-phis.

"'Beatings will continue until morale has improved,'" quipped user thehammer-24.

 

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