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Continually over 9.5
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<blockquote data-quote="scooby0048" data-source="post: 4221098" data-attributes="member: 50693"><p>I'm playing devil's advocate here but I read the decision rendered by the arbitrator and honestly, I can't see how the appellant would argue he was continually violated. If I read the facts of the case correctly, being over (1) time in five months is really reaching.</p><p></p><p>I think the arbitrator's decision would have been quite different had the appellant demonstrated and documented, actual continual excessive overtime. Five months is what, 22-26 weeks or so? I would argue that had the appellant been worked 6-8 times over 9.5 hours during those five months and filed, there would have been a demonstrated AND documented definition of continual and I believe the arbitrator would have ruled in favor of the appellant. There is no history to make the case. </p><p></p><p>This decision sets us back a bit but if the proverbial ducks were in a row and the I's are dotted, it would be a slam dunk case and one where triple time penalty pay would be paid. Just because we drive trucks and deliver packages for a living does not mean we can't present a good case, we just have to make sure to document everything, all the time, then there will be documented and demonstrated pattern of harassment ie; working over 9.5hrs {continually}</p></blockquote><p></p>
[QUOTE="scooby0048, post: 4221098, member: 50693"] I'm playing devil's advocate here but I read the decision rendered by the arbitrator and honestly, I can't see how the appellant would argue he was continually violated. If I read the facts of the case correctly, being over (1) time in five months is really reaching. I think the arbitrator's decision would have been quite different had the appellant demonstrated and documented, actual continual excessive overtime. Five months is what, 22-26 weeks or so? I would argue that had the appellant been worked 6-8 times over 9.5 hours during those five months and filed, there would have been a demonstrated AND documented definition of continual and I believe the arbitrator would have ruled in favor of the appellant. There is no history to make the case. This decision sets us back a bit but if the proverbial ducks were in a row and the I's are dotted, it would be a slam dunk case and one where triple time penalty pay would be paid. Just because we drive trucks and deliver packages for a living does not mean we can't present a good case, we just have to make sure to document everything, all the time, then there will be documented and demonstrated pattern of harassment ie; working over 9.5hrs {continually} [/QUOTE]
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