National Grievance File

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 include in the letter carriers’ workload actual tasks performed in loading and unloading vehicles effective as of the date of implementation of the new routes.

The Corporation refuses to pay retroactively from the date of implementation the letter carriers who performed these tasks.

The corporation advised the union via e-mail on April 29th 2016 and at subsequent consultation meetings held on May 11 2016 and June 23 2016 that the corporation will end past practice application of chapter 16 of the LCRMS and that the corporation will restructure routes after the 5-day verification using the validated sequence level by the individual LDU.

The corporation is in violation of the collective agreement and the LCRMS specifically but not limited to article 47 and LCRMS chapter 16.

 On or about September 18, 2017, the Corporation initiated the implementation of a project aimed at taking tasks away from letter carriers and assigning them to routers. 

More particularly, on that date, the Corporation removed from all letter carrier routes at the Laval-West facility the tasks of obtaining and preparing, sorting and preparing the mail. This work was assigned to employees performing routers duties newly created by the Corporation. 

These tasks were assigned in violation of the collective agreement. 

Article 50 and appendices “V” and “CC” of the collective agreement, as well as the LCRMS, provide that letter carrier routes must contain these tasks. The collective agreement also provides that the role of routers must be limited to situations where the inside portion of a given route is excessive or when a route’s daily workload forces the letter carrier to work overtime on a regular basis and she/he requires assistance. 

Following several meetings between the parties, the employer informed the Union on or about February 9, 2015 of an erroneous definition/interpretation it intended to apply to the Short-Term Disability Insurance Plan (STDP) in relation to the definitions of accident and hospitalization when applying Article 17 of the collective agreement.

Furthermore, as part of the final appeal process, the employer is imposing a time limit on the union representatives for submitting their arguments at the final level on behalf of an employee, failing which the employer is instructing the independent medical physician to render his or her decision without the Union’s input or arguments.

Following several meetings between the parties, the employer informed the Union on or about February 9, 2015 of an erroneous definition/interpretation it intended to apply to the Short-Term Disability Insurance Plan (STDP) in relation to the definitions of accident and hospitalization when applying Article 20 of the collective agreement.

Furthermore, as part of the final appeal process outlined in Article 20 of the STDP, the employer is adding to the collective agreement. It is imposing a time limit on the union representatives for submitting their arguments at the final level on behalf of an employee, failing which the employer is instructing the independent medical physician to render his or her decision without the Union’s input or arguments.

The Union has been informed that the Canada Post Corporation (CPC) is violating the provisions of the collective agreement by charging to the financial cap costs that are not contemplated by the collective agreement or agreed to by the Union.

On April 14, 2010, the employer advised the Union of its intention to change the requirements for the types of vehicle to be used on Rural and Suburban Letter Carrier (RSMC) routes as of May 17,2010. Despite the union-management consultation meetings that have been held, the employer is maintaining its new requirements for RSMCs. The Corporation's requirements are a violation of the provisions of the collective agreement, including, but not limited to, clause 32.01.

The employer is no longer providing the Union with the useful and essential information the members of the Transition Committee need to identify and represent route holders and relief employees. The employer is violating the provisions of the collective agreement, including, but not limited to Articles 11 and 34, and, consequently, is causing harm to the affected employees and the Union and acting in bad faith.

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.

Further to a notice given on October 15, 2010, and despite a union-management meeting held in Ottawa on October 27, 2010, the employer decided to install, as part of Phase II, Web-based security cameras in mail processing facilities, in violation on the collective agreement and applicable legislation. The Union has learned that the employer will begin Phase II on November 15, 2010 in seventeen (17) facilities, including mechanized and non mechanized faculties, as well as in letter carrier depots. The Canada Post Corporation is thus violating the provisions of the collective agreement and applicable legislation.

On April 21, 2010, the employer issued a policy/directive on the validation period for Canada Post Corporation vehicle operator permits (VOPs). The effect of the employer’s policy/directive is to amend the collective agreement in its application. The employer is thus violating the provisions of the 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.