London, Ont., city workers win arbitration over day of mourning for the Queen

Unionized London, Ont., inside workers will receive compensation after an arbitrator ruled that city administration erred by not giving them a holiday on Sept. 19, a national day of mourning following the death last year of Queen Elizabeth.

CUPE Local 101, which represents about 900 inside city workers, filed the grievance on Sept. 20. The union claimed the city had violated a section of its collective agreement with the workers by rejecting their request to have the day of the Queen's funeral — which fell on a Monday — treated as a holiday.

The agreement says CUPE members who work on holidays they don't regularly work must be compensated at the regular rate of pay. In addition to statutory holidays, the agreement defines holidays as they are described in the Bills of Exchange Act: "Any day appointed by proclamation to be observed as a public holiday or a day of general prayer or mourning or day of public rejoicing or thanksgiving, throughout Canada." 

During the arbitration hearing, lawyers for both sides clashed over whether the wording of a federal order in council and statements and news releases issued by the government met that definition of a holiday. 

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

Lawyer Michael Klug, the lawyer representing CUPE in the grievance, confirmed with CBC News that workers covered by the collective agreement who worked that day will receive the applicable overtime rate plus holiday pay. 

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

While the federal government declared Sept. 19 a holiday for federal workers after the Queen's death on Sept. 8, it was up to 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, saying it would allow children to stay in school and learn about the Queen's accomplishments. 

Saskatchewan and Manitoba also decided not declare Sept. 19 a statutory holiday.

However, Nova Scotia, New Brunswick, P.E.I., and Newfoundland and Labrador joined the federal government in making Sept. 19 a provincial holiday.

B.C. declared the day a holiday for public sector employees, while private-sector employers were encouraged to mark the day in a way "appropriate for their employees." 

In the U.K., Sept. 19 was declared a bank holiday, which shuttered schools and government services. U.K. businesses were allowed to stay open if they chose or close without having to compensate employees. 

New Zealand and Australia decided to hold one-time-only national holidays on the day of the Queen's funeral.

Two unions in B.C. lost a similar grievance following an arbitrator's decision in that province. The arbitrator ruled government leaders had deliberately stopped short of declaring the day as a public holiday for workers 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 no one on city staff can comment while the judicial review is being heard.