UFCW Wins Overtime for National Grocers Truck Drivers in Grievance Arbitration

News/
4 October 2018
Share
Share with your friends and colleagues
Pick one or more destinations:

In a decision dated September 27, 2018, Arbitrator Luborsky determined that 272 UFCW Local 1000A members were improperly denied overtime by National Grocers Co. Ltd. ("National Grocers") for hours worked in excess of 44 hours a week, dating back to August 1, 2010.

The decision arises from a grievance filed by the UFCW in August 2014, alleging that National Grocers violated the Employment Standards Act (the "ESA") by failing to remit overtime wages for hours worked in excess of 44 hours in a week. Arbitrator Luborsky considered, among other things, the union's argument that s. 5(1) of the ESA voided the collective agreement's 60-hour-a-week overtime threshold, in favour of the 44-hour threshold established by s. 22(1) of the ESA. National Grocers argued that the truck drivers' work is exempt from s. 22(1) due to special overtime exemptions applicable to truck drivers under s. 18 of Ontario Regulation 285/01, and therefore, the collective agreement's 60-hour overtime threshold applied.  

Arbitrator Luborsky agreed with the UFCW. After acknowledging the ESA's remedial purpose and the s. 5(1) prohibition against contracting out of its entitlements, he determined that the truck drivers were presumptively entitled to overtime pay for work in excess of 44 hours in a week under s. 22(1) of the ESA. Arbitrator Luborsky then determined that National Grocers had the onus of defeating that presumption, which it failed to do.

Specifically, he found that neither National Grocers nor its parent company, Loblaws Inc., could establish it qualified for an exemption from the 44-hour overtime threshold under s. 18 of Ontario Regulation 285/01. Accordingly, Arbitrator Luborsky concluded that the provision of the collective agreement providing for a lesser overtime entitlement than provided by the ESA is void, and that the ESA minimum entitlement is incorporated into the agreement by operation of law.

Arbitrator Luborsky remitted the matter back to the parties to resolve the issue of an appropriate remedy.

The decision is a decisive victory for UFCW Local 1000A and a helpful precedent for workers seeking to enforce the ESA's minimum entitlement. Arbitrator Luborsky's analysis makes clear that employers bear the burden of proving an exemption from the ESA's minimum entitlements, and exemptions from the ESA will be narrowly construed.

 Jeff Andrew represented the UFCW in this proceeding.

Recent News

In the News/27 October 2026

Mental Health Nurses Gain Additional Protection from Workplace Violence in Interim Order

OLRB orders increase of security personnel to reduce the risk and severity of workplace violence

On October 19, 2026, the Ontario Nurses’ Association (ONA) was granted an Interim Order by the Ontario Labour Relations Board designed to reduce the l... Read More
Firm News/27 October 2026

Cavalluzzo LLP Recognized in Best Law Firm Rankings 2027

Ranked in Labour and Employment, Administrative and Public Law, and Appellate Practice Nationally, and Seven Practice Areas Regionally

We are pleased to announce that Cavalluzzo LLP has been recognized in the 2027 edition of the Best Law Firms - Canada. The firm was ranked in three pr... Read More
News/14 October 2026

Coalition intervenes at Supreme Court tomorrow in case challenging Ontario government’s treatment of Ontario Place

SCC will decide whether a government can shield its decisions from existing laws and court review and whether Ontario Place is a protected “public trust”

On October 15, 2026, a coalition of four citizen organizations – Ontario Place for All (OP4All), Toronto Field Naturalists, Democracy Watch, and the ... Read More