Appendix E - Survey Procedure for Ascertaining a Prevailing Industry Practice in a Geographical Area - Motor Vehicle Operators Hours of Work Regulations - IPG-071
Appendix E.1: Confirmation of Findings - Preliminary Findings Maintained
***Date**
File No.: **Auto fill**
Assignment No.: **Auto fill**
**Name of the employer of complainant or the complainant**
**Address**
Dear ****Mr./Mrs./Ms.**** **Name of the employer of complainant contact or the complainant**:
Subject:
Canada Labour Code, Part III
, Labour Standards
Survey Regarding City Drivers and Highway Drivers
This is in response to your written submission concerning the survey of federal jurisdiction road transportation companies ***engaged in **identify specialized road transport sector** *** in your geographical area. ***Also, a submission was received from **name of other party**. ***
I have reviewed ****your submission or both submissions**** and this information does not alter my preliminary finding regarding the prevailing industry practice in the geographical area of **area**. My finding is that the prevailing industry practice in the geographical area of **area** is that city drivers are drivers who operate exclusively within the zone described below:
Zone served by city drivers
- Furthest point northwest: **input response obtained**
- Furthest point north: **input response obtained**
- Furthest point northeast: **input response obtained**
- Furthest point east: **input response obtained**
- Furthest point southeast: **input response obtained**
- Furthest point south: **input response obtained**
- Furthest point southwest: **input response obtained**
- Furthest point west: **input response obtained**
This is based on the fact that at least 70% of the companies surveyed classify their drivers who operate exclusively within this zone as city drivers. Therefore, this is the prevailing industry practice for classifying drivers as city motor vehicle operators in your geographical area.
Drivers are considered to be city drivers when they operate exclusively within this zone and are entitled to be paid overtime pay after 9 hours in a day and 45 hours in a week.
Drivers who travel beyond this zone are considered to be highway drivers and are entitled to be paid overtime pay after 60 hours in a week.
***I will be contacting you regarding the application of the survey findings to the complaint of **Name of complainant**. ***
Yours sincerely,
**Name of Inspector**, Inspector
****Complete address if not shown on letterhead****
Telephone Number: **Telephone Number**
Fax Number: **Fax Number**
E-mail: **E-mail Address**
National Toll Free: 1-800-641-4049
labour.gc.ca
***c.c. **** **Name of complainant** or **Name of employer** **** ***
Appendix E.2: Confirmation of Findings - Preliminary Findings Modified
***Date**
File No.: **Auto fill**
Assignment No.: **Auto fill**
**Name of the employer of complainant or the complainant**
**Address**
Dear ****Mr./Mrs./Ms.**** **Name of the employer of complainant contact or the complainant**:
Subject:
Canada Labour Code, Part III
, Labour Standards
Survey Regarding City Drivers and Highway Drivers
This is in response to your written submission concerning the survey of federal jurisdiction road transportation companies ***engaged in **identify specialized road transport sector** *** in your geographical area. ***Also, a submission was received from **name of other party**. ***
I have reviewed ****your submission or both submissions**** and I have modified my preliminary finding regarding the prevailing industry practice in the geographical area of **area**. My revised finding is that the prevailing industry practice in the geographical area of **area** is that city drivers are drivers who operate exclusively within the zone described below:
Zone served by city drivers
- Furthest point northwest: **input response obtained**
- Furthest point north: **input response obtained**
- Furthest point northeast: **input response obtained**
- Furthest point east: **input response obtained**
- Furthest point southeast: **input response obtained**
- Furthest point south: **input response obtained**
- Furthest point southwest: **input response obtained**
- Furthest point west: **input response obtained**
Drivers are considered to be city drivers when they operate exclusively within this zone and are entitled to be paid overtime pay after 9 hours in a day and 45 hours in a week.
Drivers who travel beyond this zone are considered to be highway drivers and are entitled to be paid overtime pay after 60 hours in a week.
A revised copy of the aggregate survey data is attached.
***I will be contacting you regarding the application of the survey findings to the complaint of **Name of complainant**. ***
Yours sincerely,
**Name of Inspector**, Inspector
****Complete address if not shown on letterhead****
Telephone Number: **Telephone Number**
Fax Number: **Fax Number**
E-mail: **E-mail Address**
National Toll Free: 1-800-641-4049
labour.gc.ca
***c.c. **** **Name of complainant** or **Name of employer** **** ***
Appendix E.3: Confirmation of Findings - Prevailing Industry Practice is 10 miles (16 km)
***Date**
File No.: **Auto fill**
Assignment No.: **Auto fill**
**Name of the employer of complainant or the complainant**
**Address**
Dear ****Mr./Mrs./Ms.**** **Name of the employer of complainant contact or the complainant**:
Subject:
Canada Labour Code, Part III
, Labour Standards
Survey Regarding City Drivers and Highway Drivers
This is in response to your written submission concerning the survey of federal jurisdiction road transportation companies ***engaged in **identify specialized road transport sector** *** in your geographical area. ***Also, a submission was received from **name of other party**. ***
I have reviewed ****your submission or both submissions**** and this information does not alter my preliminary finding that the prevailing industry practice in the geographical area of **area**, in accordance with section 2 of the Motor Vehicle Operators Hours of Work Regulations , is that city drivers are drivers who operate exclusively within a 10 mile (16 km) radius of their home terminal. City drivers are entitled to be paid overtime pay after 9 hours in a day and 45 hours in a week.
Drivers who travel beyond this radius are considered to be highway drivers and are entitled to be paid overtime pay after 60 hours in a week.
***I will be contacting you regarding the application of the survey findings to the complaint of **Name of complainant**. ***
Yours sincerely,
**Name of Inspector**, Inspector
****Complete address if not shown on letterhead****
Telephone Number: **Telephone Number**
Fax Number: **Fax Number**
E-mail: **E-mail Address**
National Toll Free: 1-800-641-4049
labour.gc.ca
***c.c. **** **Name of complainant** or **Name of employer** **** ***
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