'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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The initial thread posted by the Reddit user
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Which was then followed up by a separate thread with these screenshots titled "Forced overtime or jail threat." We have redacted specific details for the purpose of the unconfirmed nature of the images.
Memorandum to [Company] ScaffoldersCease and Desist Coordinated Overtime Refusals For the last three days scaffolders have refused to work overtime beyond their 10 hour shifts at the [readacted] site and have refused to accept overtime shifts offered for the weekend (Fri-Sun) on both night and day shifts.
We have been patient and given your union an opportunity to convince you that this coordinated refusal constitutes an illegal strike, and that you may face consequences as a result.
Obviously, this has not worked.
The Court/Labour Board Order
Today we appeared in front of the Labour Relations Board. The Board has issued an order finding that scaffolders have threatened a strike (regarding the weekend work and 12 hr. shift requests) and have engaged in a strike or job action by coordinated refusal to work overtime.
The Board is directing all such activity cease and that employees are prohibited from their coordinated efforts to refuse overtime in order to secure incentives.
The Board ruled that refusing to work "voluntary" overtime is an unlawful strike and in violation of the Labour Relations Code when it is done, as here, by a group of employees acting together.
A copy of this order will be circulated today to our locations at [redacted] sites.
The order is also being entered as an order of the court which can impact those who act in defiance of this order. Consequences for employees who refuse to work overtime as a group in violation of this order include:
- Discipline or termination of employment for this conduct. and will be posted on these
- [Company] hiring ban for those who continue to engage in illegal activity.
- Legal action against striking employees for all damages caused by the illegal strike (by grievance or lawsuit). You could be personally liable for added production costs, penalties owing to Owner or, even the loss of the contract with our client.
- Contempt of court proceedings for violation of the order entered by the court (the possibility of fines and even potentially jail)
- We also expect that the Owner will be very upset with striking employees. It is possible that the Owner would consider a site ban for those involved.
We do not want to impose any of the consequences set out above. This memo is intended to cause you to change your behaviour by impressing upon you the seriousness of this matter, including the consequences that you may suffer if the strike continues.
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We expect you to comply with the order and cease your illegal activities. Overtime is required, and we expect you to behave lawfully and take this work as you normally would.
The Good News
We cannot accept the past and ongoing unlawful actions of our staff in refusing overtime. That is not the lawful, or honourable, way of achieving our aims. That is why we were required to take legal action.
However, [Company] values and respects its employees and appreciates the commitment of its employees to success. We have heard your concerns regarding incentives and have been working with our clients tirelessly to address these issues in a meaningful way.
We are confident that we will have good news shortly so that we can reward our hard-working employees of our great team. I honestly and sincerely look forward to being able to share news very shortly and thank you all for your commitments and work on behalf of our Company in a challenging and important work environment.
I look forward to writing to you all soon.
Sincerely,
Area VP - Northern Region
Managing Director
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Straight to jail.
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Among other reactions, commenters were wondering where the determination from the Labour Board was. It was posted and linked shortly afterwards.
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