National Grievance File

The Corporation is unilaterally amending the work method by adding a new function for RSMC use to scan the barcode on the Delivery Control Slip (DCS) with no amendment to the monetary or other values that are provided for in the activity component of Appendix “A” of the collective agreement.  In so doing, the Corporation is not recognizing or compensating the new activity component in the Appendix “A”.  The employer is making this change to working conditions in violation of the provisions of the collective agreement.

The Canadian Union of Postal Workers submits that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time hours in violation of paragraph 1 (b) of this Appendix.

Further, the Corporation failed to create and maintain the required number of regular full-time positions, as set out in paragraph 2 (d), to achieve, and then maintain, the aforementioned ratio.

The CUPW submits that this was a deliberate and calculated violation of the collective agreement by the employer intended to thwart the intent and spirit of Appendix “P” and clauses 39.02, 39.03 and 39.06 of the collective agreement.

The Canadian Union of Postal Workers submits that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time hours in violation of paragraph 1 (b) of this Appendix.

Further, the Corporation failed to create and maintain the required number of regular full-time positions, as set out in paragraph 2 (d), to achieve, and then maintain, the aforementioned ratio.

The CUPW submits that this was a deliberate and calculated violation of the collective agreement by the employer intended to thwart the intent and spirit of Appendix “P” and clauses 39.02, 39.03 and 39.06 of the collective agreement.

Canada Post advised the Canadian Union of Postal Workers that they were unilaterally cancelling the intake for the 2015 Apprenticeship program under Article 40 and Appendix T. The cancellation occurred very late in the process and with grossly inadequate evidence being provided to CUPW to justify this action and no meaningful consultation occurring to allow the parties to discuss the issue with the goal of preventing the cancellation from occurring.

In doing so Canada Post violated the collective agreement as any decisions to modify or cancel any part of the program need to be by consent and the deadline to cancel the 2015 intake had long passed.

Canada Post has been organizing and holding meetings with some of CUPW’s members, in certain cities throughout the country, without the Union’s participation and consent, to discuss their working conditions.

This is being done in violation of Article 3 and other applicable provisions of the collective agreement and is viewed as attempting to destabilize the union at this critical period just in advance of negotiations.

The Canadian Union of Postal Workers grieves that Canada Post has established a post office consisting of two installations that are greater than 40 km from each other. This is in violation of Article 6, 53 and applicable provisions of the collective agreement and the historic practice of the parties in the application of Article 6.05.

Commercial Pickups

In restructuring the routes of motorized letter carriers who perform commercial pickup duties, the Corporation is violating the provisions of the collective agreement.

Specifically, contrary to the provisions of the collective agreement, and more specifically those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation is failing, in the case of certain routes, to combine scheduled commercial pickups and on-demand commercial pickups within a daily delivery window.

Further, contrary to the provisions of the collective agreement, and more specifically those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation is assigning on-demand commercial pickups to certain routes without assigning the scheduled commercial pick-ups to those same routes.

In addition, contrary to the provisions of the collective agreement and, more specifically, to those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation is not evaluating the service time allowance for on-demand commercial pickups using data from a 12-month volume base (excluding July, August and December) obtained from the “PICK” system, but is only using data from the two-week sampling.

Further, contrary to the provisions of the collective agreement and, more specifically, to those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation, in the case of some routes, is determining time values for on-demand commercial pickups based on pickup time data for the entire installation, rather than data from the route.

Finally, contrary to the provisions of the collective agreement and, more specifically, to those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation, in the case of certain routes, is not allocating unscheduled working time.

Letter Carrier Route Measurement System (LCRMS)

Canada Post Corporation (CPC) is in violation of the collective agreement and of the Letter Carrier Route Measurement System (LCRMS) as a result of its refusal to capture in appropriate locations the information to be recorded during volume counts of non-automated sites. This is especially so with respect to redirected mail, oversize redirected mail, low density DRS pulls, medium density DRS pulls and high density DRS pulls. By proceeding in this manner, the Corporation does not attribute all the time values to restructured routes. Moreover, the Corporation refuses to log the two versions of conflicting data when this dispute is raised by the Union observer.

Employees who have successfully completed the Apprenticeship Training Program are to be paid at the maximum MAM-11 Apprentice hourly rate of pay until they obtain a MAM-11 position and are to remain members of Group 3. The Employer has violated the Collective Agreement by unilaterally reclassifying these employees upon their successful completion of the Apprenticeship Program, not paying them at the appropriate wage rates, returning them to the classification they previously held prior to their apprenticeship and wrongfully deleting positions from the bargaining unit.

In doing so Canada Post has violated Articles 13, 40, 53, Appendix “A”, Appendix “T” and all other related Articles as well as the past practice.

Additionally, Canada Post is estopped from taking such actions in light of the prior representations to the affected employees and the Union that employees who successfully complete the Apprenticeship Program would remain members of Group 3. 

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.