Justice Paul Perell of the Ontario Superior Court of Justice recently issued a decision ordering the certification of a class action suit against CN for unpaid overtime.
The class action suit involving about 1,500 current and former CN first line supervisors alleges that the Class I misclassified first line supervisors as managers who cannot receive overtime pay. The plaintiffs claim they are entitled to overtime wages.
“On behalf of all my colleagues at CN, I am very happy that the court ruled that the case is permitted to go forward and that we will have a determination of the merits of our case,” said Michael McCracken, who filed the suit on behalf of the first line supervisors, in a prepared statement.
CN is reviewing Justice Perell’s 101-page decision in order to determine a course of action, said Jim Feeny, CN director of regional public and government affairs, in an email.
“CN has no further comment at this time,” he wrote.
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