National Grievance File

The employer violated the provisions of the CUPW-CPC collective agreement, including, but not limited to, Appendix “MM,” when the definition of seniority was amended to add to the seniority already recognized, the length of continuous service within the Post Office Department or the Canada Post Corporation between the first date of hiring to carry out bargaining unit work and the date on which the employee became a regular employee. On or about December 12, 2007, when the new seniority lists were established and posted, CUPW members noticed that the employer had granted periods of seniority that had already been lost to employees who had worked in other bargaining units. This constitutes a serious violation of the collective agreement and is prejudicial to the Union and its members.

The Canada Post Corporation is violating the collective agreement by not modifying the sortation and preparation standards for routes with a high number of points of call.

On June 3, 2008, the Union received a letter dated May 30, 2008 in which the employer informed the Union of its intent to introduce unilaterally an “Employee Referral Program.” This program consists in paying $500.00 to any employee who refers someone for a position in the RSMC bargaining unit. The employer is violating the provisions of the collective agreement.

The Union grieves on behalf of all affected employees that the employer has violated articles 2, 3, 6, 7, 8, the Canada Labour Code and all other provisions of the collective agreement. Recently, the Divisional General Manager of Canada Post, Atlantic Division, Niki Forest, as well as the Director of Mail Operations, Nova Scotia / Prince Edward Island, Tony O’Keefe, exceeded their rights as managers and failed in their obligation to recognize the Union as the sole and exclusive bargaining agent for all employees covered under the bargaining certificate issued to the union by the Canada Industrial Relations Board, while conducting ‘’tours’’ to various facilities throughout the Atlantic Region. These individuals, among other violations, consulted directly with members of the bargaining unit concerning various working conditions covered under the collective agreement, including but not limited to, health and safety issues, uniforms, start and finish times, accommodation issues and the LCRMS.

The Union grieves on behalf of all affected employees that the employer has violated Articles 2, 3, 6, 7 and 8, the Canada Labour Code and all other provisions of the Collective Agreement. In a September letter to employees on Unaddressed Admail, Canada Post exceeded their rights and failed in their obligation to recognize the Union as the sole and exclusive bargaining agent for all employees covered under the bargaining certificate issued to the Union by the Canada Industrial Relations Board.

CUPW has learned that the Corporation is violating sub-paragraphs 7.1 (b) and 7.2 (d) (ii) of Appendix “D” of the collective agreement by refusing to pay 2.3 ¢ for each piece of householder mail on a compressed delivery schedule, and, more specifically, for all householders intended for same-day delivery.

The employer is violating the provisions of the Collective Agreement when maintaining that the allowance for the pilot project on right-hand drive (RHD) vehicles and all related training costs will be charged to the financial cap.

Canada Post is failing to abide by the commitment it made to the Union in a letter dated September 30, 2003 sent by Mary Traversy to Lynn Bue. The Union notes that the employer is violating the collective agreement by failing to remit the householder delivery payment to letter carriers on each pay and, accordingly, to include it in the itemized statement of income and deductions.

CUPW grieves that, in Vancouver and Richmond on June 25th and June 26th, 2009, the Corporation interfered in the representation of employees by CUPW and violated the provisions of clauses 3.01, 3.02, 3.04, 5.01, and others of the Collective Agreement in engaging in discussions with employees regarding working conditions, in denying CUPW representatives access to postal installation, in discriminating against them by reason of activities in the Union and by physically assaulting them. In addition, the interference by the Corporation in the representation of employees is also in violation of previous and binding arbitral awards between the parties.

On October 26, 2009, the employer advised the Union that all employees who are hired by Canada Post on or after November 1, 2009 and who later meet the eligibility criteria will be required to pay for 100% of the premiums for the retiree dental plan. In addition, effective November 1, 2009, all employees who are hired by Canada Post on or after November 1, 2009 who are residents of British Columbia (BC) will no longer be reimbursed for the BC provincial Medical Insurance Plan Premium (Medical Services Plan of British Columbia) once they retire. The employer is violating the provisions of the collective agreement and/or the relevant laws and regulations.

On or about July 28, 2010, the Corporation informed CUPW of its decision to definitely close the postal outlet located at 1479 Youville Drive, in Ottawa. Since that date, the Corporation has been directing the customers of this outlet to privately-operated post offices. As a result, work belonging to the bargaining unit will be done outside the unit. In so doing, the Corporation is violating the provisions of Appendix "I" and Appendix "T" of the Urban Unit Collective Agreement.

Following the introduction of mail sequencing, the Corporation decided to implement new letter carrier routes with new work methods and a new work system. It is expected that new routes will be implemented in Winnipeg on September 20, and October 18, 2010, and in 2011 as well as in other locations starting in November 2010. The implementation of these routes as planned by the Corporation will result in several violations of the collective agreement, including, among other violations, the following:

1. These new routes will use a new mail delivery method that requires the letter carrier to hold bundles of mail in one hand and on the forearm, in addition to carrying mail in the satchel. This “multiple bundles” work method entails considerable health and safety hazards for employees. By requiring its employees to follow this dangerous work method, the Corporation is violating Article 33 of the collective agreement, Part II of the Canada Labour Code and the Canada Occupational Health and Safety Regulations.

2. The new routes that the Corporation wants to implement in Winnipeg starting September 20, 2010, have been “structured” by the Corporation’s route measurement officers (RMOs) without giving CUPW observers access to the relevant and necessary information they need to ensure the routes were structured in accordance with the Letter Carrier Route Measurement System (LCRMS), the provisions of the collective agreement and the work standards in effect. In so doing, the Corporation is violating Article 47 of the collective agreement.

3. As a matter of facts and despite the failure of the Corporation to give CUPW access to the relevant information, the Union’s observers noticed that the new routes structured by the Corporation are not in compliance with the LCRMS and the collective agreement and not in compliance with the duty of the Corporation to provide safe working conditions.

4. The deliberate refusal of the route measurement officers to structure the new routes in compliance with the LCRMS and the collective agreement is in addition a contravention of the employee’s right to bid on their future route with full knowledge.

5. The introduction of these new routes is also a violation of clause 29.02 of the collective agreement in that it constitutes an adverse effect on employees and a denial of their contractual rights.

Given these multiple violations of the collective agreement, CUPW is opposed to the implementation of the new routes.