The Ottawa Hospital v. CUPE Local 4000

A part-time PSW swapped some shifts and picked up others — then argued his swapped-out hours should count toward his overtime threshold. This short decision clarifies what “hours worked” means when shifts change hands.

Background

The grievor is employed by The Ottawa Hospital as a part-time Personal Support Worker (PSW). As a part-time employee, he was regularly scheduled for up to 30 hours per week. During the week of July 21-27, 2024, the grievor swapped out some pre-scheduled shifts with co-workers and then picked up additional shifts that had become vacant due to employee absences. After accounting for the swapped-out shifts and the additional shifts picked up, he ultimately worked a total of 25 hours during that week.

The Collective Agreement Language at Issue

Article L.5.6 – Exchange of shifts and/or days off:

“Exchange of shifts and/or days off shall not result in overtime payments or a regular amendment to the normal working hours.”

Positions of the Parties

The union submitted that the grievor should have been paid overtime for the additional shifts worked. The union argued that “hours worked” includes all authorised hours and that swapped-out hours should count toward the overtime threshold. The employer countered that only hours actually worked during a week count toward overtime, and swapped-out hours do not constitute “hours worked.”

Arbitrator Kugler’s Decision

The arbitrator ruled in favour of the employer. Only hours actually worked during a week count toward the overtime threshold. Hours “swapped out” through shift exchanges do not count as “hours worked” even if previously scheduled or authorised. The grievor worked 25 hours; therefore no overtime was owed.

Service Employees International Union Local 1 Canada v. Toronto East Health Network – Michael Garron Hospital

Read the decision on CanLII — 2026 CanLII 8464 (ON LRB)

Before: Michael McCrory, Vice-Chair (Ontario Labour Relations Board)

Citation: 2026 CanLII 3030