National Grievance File
Praesent ac sem eget est egestas volutpat. Phasellus viverra nulla ut metus varius laoreet. Vivamus quis mi. Curabitur a felis in nunc fringilla tristique. Donec elit libero, sodales nec, volutpat a, suscipit non, turpis.
On August 3, 2005, the Corporation submitted a new notice allegedly under clause 29.03 (b) providing some information regarding the closure of the Quebec sortation centre, the transfer of the work to Montreal and the elimination of positions.
The information contained in the August 3, 2005 letter and other information obtained afterwards by CUPW show that the Corporation began reviewing this project long before July 14. Accordingly, the notice submitted on that date is late and is not consistent with the letter and spirit of clause 29.03 (a), particularly with regard to the other installations that might be involved in the review of the national network announced by the Corporation.
The Corporation's failure to meet its obligations under clause 29.03 (a) prevents CUPW from intervening in a timely manner and stating its position before the Corporation makes a final decision.
In addition, the August 3, 2005 notice is also not consistent with the letter and spirit of clause 29.03 (b) and clause 29.04 because it was submitted late and does not contain the information required under the collective agreement, particularly with regard to what will happen to the employees adversely affected by the changes that were announced.
The Canadian Union of Postal Workers was advised a few days ago that the Canada Post Corporation has decided to implement the method of carrying the double bundle held back-to-back in the hand as the official work method for letter carriers.
In implementing this work method, the Corporation is violating the provisions of the collective agreement, the Canada Labour Code and the Canada Occupational Health and Safety Regulations, namely clauses 33.01 and 33.02 of the collective agreement, sections 122.1, 122.2 and 124 of the Code and sections 19.1 and 19.5 of the Regulations.
Further, the Corporation is clearly acting in bad faith, given the arbitration awards rendered with respect to health and safety matters over the past few years, namely decisions rendered by Arbitrator Burkett in the matter of Grievance N00-07-00032, and the findings of the July 2015 Golder Report on letter carrier work methods.
In so doing, the Corporation continues to deliberately compromise the health and safety of its employees, giving rise to a claim for damages for prejudice incurred and exemplary damages resulting from a deliberate violation of the legislation and the collective agreement.