Working in the aviation industry means understanding that operational demands can change quickly. Weather, aircraft issues, crew availability, and irregular operations can all affect staffing needs at the airport. While flexibility is part of the job, members also have clear rights under the Canada Labour Code and our Collective Agreement when it comes to overtime and shift extensions.
Collective Agreement - Article 9-9 – Shift Extensions
9-9.01 - Employees may be required by the Company to remain at work after their scheduled shift end time if operationally required due to circumstances such as irregular operations or day-of staff shortages.
This means the Company can require a shift extension when there is a legitimate operational need. However, this right is not absolute.
9-9.02 - If the extension is greater than thirty (30) minutes, Qualified Employees will be solicited by position and in seniority order. An Employee may decline a shift extension if there are enough Qualified Employees with less seniority than the Employee in order to cover the Company’s operational requirements.
When Can You Decline a Shift Extension?
You may have the right to decline a shift extension when:
- The extension exceeds 30 minutes
- There are enough qualified employees with less seniority available
- Fatigue and safety are a considerable and imminent concern
- Reasons under the Canada Labour Code including personal circumstances outlined below
Canada Labour Code: Right to Refuse Overtime for Family Responsibilities
In addition to the protections in our Collective Agreement, the Canada Labour Code provides members with the right to refuse overtime in specific circumstances related to family responsibilities. Canada Labour Code – Section 174.1 states that an employee may refuse to work the overtime requested by the employer in order to carry out the employee’s family responsibilities.
Examples of Family Responsibilities When Refusing Overtime
Family responsibilities relate to the care, health, or education of a family member, where the employee must be personally involved and no reasonable alternative is available. Click on each section below for examples of what a qualifies as a family responsibility.
Childcare & Dependent Care
- Picking up a child from daycare or school when no alternative caregiver is available
- Caring for a child who is sick and cannot attend school or childcare
- Responding to an unexpected childcare cancellation
- Supervising a child due to illness, injury, or special needs
- Attending a school meeting or addressing an urgent issue involving a child’s safety or well-being
Elder Care
- Providing care or supervision to an elderly parent or dependent
- Responding to a fall, illness, or medical concern involving an aging family member
- Transporting a parent to or from a medical appointment when no one else is available
- Addressing urgent changes in care arrangements (e.g., caregiver did not show up)
Medical & Health Related Responsibilities
- Accompanying a family member to urgent or time-sensitive medical appointments
- Providing post-procedure care when the employee is the primary caregiver
- Responding to a medical emergency involving a family member
- Caring for a family member experiencing a sudden deterioration in health
Urgent Family Matters
- Responding to an emergency involving a family member’s safety
- Dealing with a family crisis that requires the employee’s immediate presence
- The personal requirement for medical treatment including medications that must be taken in a timely manner that are not with the employee
- Addressing urgent matters related to domestic responsibilities where no alternative support is available - this could mean having to attend to a pet left at home for too long alone
Reasonable Steps
An employee may refuse to work overtime only if:
- they have taken reasonable steps to carry out their family responsibility by other means, so as to enable them to work overtime; and
- even though the steps referred to in paragraph (a) have been taken, they are still required to carry out that responsibility during the period of the overtime.
Exceptions
An employee is not to refuse to work overtime if it is necessary for them to work overtime to deal with a situation that the employer could not have reasonably foreseen and that presents, or could reasonably be expected to present, an imminent or serious:
- threat to the life, health or safety of any person;
- threat of damage to or loss of property; or
- threat of serious interference with the ordinary working of the employer’s industrial establishment.
Protection from Discipline
An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work overtime or take such a refusal into account in any decision to promote or train the employee.
When to Contact the Union
Reach out to your Unit Chair at your Base if:
- You were denied the opportunity to decline when the Collective Agreement allowed it
- Seniority order was not followed
- You were disciplined for refusing an extension you were entitled to decline
- Shift extensions are being applied inconsistently or routinely
What to Say When Refusing Overtime for Family Responsibilities
Members do not need to over-explain or disclose private details. The goal is to clearly state the refusal, reference the reason, and keep the communication professional.
Simple and Direct
"I’m unable to accept the overtime today due to family responsibilities. I’ve taken reasonable steps to find alternate arrangements, but I still need to be present.”
“I’m unable to remain past my scheduled end time due to family responsibilities. I’ve taken reasonable steps to make other arrangements, but they were not available.”
When Asked for More Detail in the Moment
“This relates to my responsibility to care for a family member. It’s not reasonably practicable for me to provide documentation, but I can provide a written statement if required.”
If Management Questions Whether It's Urgent
“Under the Canada Labour Code, the determination of urgency rests with the employee. This matter requires my attention during the overtime period.”
If Management Requests Documentation
“It’s not reasonably practicable for me to obtain documentation in this situation due to privacy considerations. I’m willing to provide a signed statement outlining the circumstances.”
If Management Threatens Discipline
“My understanding is that employees are protected from discipline when refusing overtime for family responsibilities under the Canada Labour Code.”
If Management Follows Up
“As discussed, I am unable to work the requested overtime due to family responsibilities under section 174.1 of the Canada Labour Code. I have taken reasonable steps to make alternate arrangements, but they were not available.”
Tips for Members When Refusing Overtime
- Stay calm and factual
- Do not disclose medical or personal details
- Document the interaction (time, date, who asked)
- Contact your Union Representative if there are concerns or if the refusal is challenged
Family responsibilities are individual and personal. What is urgent or necessary will vary from member to member. The Code recognizes this and places the determination primarily with the employee, not the employer. If a member is unsure whether their situation qualifies, they should contact their Union Representative before or immediately after refusing overtime.
The Union’s role is to ensure the Collective Agreement is applied fairly, consistently, and in compliance with the Canada Labour Code. Operational needs matter but so do your rights and your safety. Understanding how overtime and shift extensions work empowers you to make informed decisions and helps ensure the agreement is respected on the floor. If you have questions or concerns, contact your Unit Chair at your Base.