Equity SM Arbitration

Monday, January 05, 2009

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Equity SM Arbitration

Equity wins arbitration over stage management rights to overtime under Employment Standards legislation in Alberta

We have been in a long standing dispute with Theatre Calgary and Alberta Theatre Projects over changes to the 2006 CTA with regard to Stage Managers eligibility to receive overtime at rates equal to the greater of the rates specified in the CTA or as set out in Alberta's Employment Standards legislation.

The theatres took the position that Stage Managers were "supervisors" as defined by the legislation and therefore exempt from any overtime provisions. The arbitration was largely fought on whether or not our members passed the test to be defined as "supervisors."

It took over a year for this issue to work its way through the various levels of dispute resolution available under the Agreement. Ultimately, it wound up in the hands of Arbitrator Phyllis Smith, and the case was heard over two days the week before Christmas. Senior Business Rep Ken Burns was the witness for Equity and Gie Roberts, Managing Director of ATP gave evidence for the theatres.

We are pleased to announce that the arbitrator found in our favour for a variety of reasons. Firstly, Ms. Smith believed that the reference to applicable Employment Standards legislation was included because the parties intended for those terms to apply and the appropriate rates to be paid, not for Stage Managers to be exempt from them. To quote her judgment "It would indeed be an absurdity to include such rates knowing that they would never be paid because Stage Managers were supervisors."

Secondly, she ruled that Stage Managers were not "supervisors as contemplated by Section 2 of the Employment Standards Regulation which must be interpreted narrowly." She further goes on to say "I have carefully reviewed the tests set out in the cases and in the Employment Standards Policy Manual provided to me by the Theatres and conclude that the technical and professional responsibilities associated with the position, while crucial to the success of the productions for which the Stage Manager is engaged, are not supervisory in the sense contemplated by the legislation."

Equity will be reviewing the contract files for all the productions undertaken by these theatres since the dispute surfaced to determine if any additional monies are owing to any of our members as a result of this decision.

I would be remiss if I didn't take this opportunity to thank Acting Senior Business Rep, Keith Davidson, our legal counsel Clayton Cook and particularly our Senior Business Rep, Ken Burns for the terrific work they did on the members' behalf.

I encourage those of you who are interested to read the complete arbitration award available on our website.

Arden R. Ryshpan

Please note: Electronic access to the arbitration decision is restricted to Equity members in good standing only. You must login to the Members Only zone of EQUITYONLINE in order to access the document. If you wish to read the decision please click below.