National Grievance File

The Canadian Union of Postal Workers grieves that the Corporation is in violation of Article 28 and other applicable articles of the Collective Agreement in that it is calculating severance pay entitlements for periods of part-time and temporary service based on scheduled hours.

The Canadian Union of Postal Workers grieves that the employer has violated article 15 and other applicable provisions of the Rural and Suburban Mail Carriers (RSMC) collective agreement. The employer is failing to provide each RSMC employee with two (2) weeks of paid vacation leave during the 2004 calendar year and is also failing to allow the leave entitlement earned during the 2004 calendar year to be carried over to the following calendar year(s).

The Canadian Union of Postal Workers grieves that the employer is in violation of articles 3, 5, 33, 54 and other applicable provisions of the collective agreement in that it is, among other things, requiring employees to attend medical examinations in contravention of the collective agreement, requiring employees to return to work in violation of article 54, requiring employees to have their physicians complete the Acquisition of Medical Information (AMI) form or otherwise have the employees physicians provide medical information to which the employer is not entitled.

The Corporation has implemented a procedure in various regions that violates clause 10.03 of the collective agreement in cases where an employee wants to obtain access to medical information contained in his or her personal file. The procedure put in place by the Corporation violates clause 10.03 in that it does not allow employees to access their personal file within 24 hours and in the presence of an authorized union representative, nor during working hours.

The Canada Post Corporation is refusing or failing to pay absent rural and suburban letter carriers for the designated paid holidays provided for in the collective agreement. In doing so, Canada Post is violating the provisions of the collective agreement, more specifically, but not limited to, Article 16. In addition, the Corporation is also violating legislation in situations where employees are absent for fewer than fifteen (15) days in the thirty (30)-day period prior to the designated paid holiday.

The Canadian Union of Postal Workers finds that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time employees at 78 %, in violation of paragraph 1 (b) of this Appendix, and by not creating the required number of regular full-time employees, as set out in paragraph 2 (d). Without limiting the generality of the foregoing, CUPW submits more specifically that the Corporation is violating the provisions of Appendix “P” of the collective agreement by abolishing regular full-time positions during the periods covered by Appendix “P”. CUPW maintains that these are deliberate violations of the collective agreement. The Corporation’s actions also violate clauses 39.02, 39.03 and 39.06 of the collective agreement.

The Union grieves the employer has failed to provide the Union with proper notice as required under clauses 29.03 and 29.04 of the collective agreement in respect of a technological change entitled “Modern Post”.

Furthermore, the Union grieves the employer has been distributing information regarding its plans in respect of the “Modern Post” directly to bargaining unit members in violations of article 3, 29 and other related provisions of the collective agreement.

Canada Post has violated the collective agreement and the provisions of Part II of the Canada Labour Code by developing and implementing work procedures and standards for letter carriers which jeopardize their health and safety. More specifically, Canada Post improperly requires letter carriers to read and revise mail and to obtain mail from their satchels while walking between points of calls. Canada Post has unilaterally and improperly altered established work procedures and standards and has amended the Letter Carrier Handbook, the CMS and applicable policies in respect of health and safety. In so doing, Canada Post is in violation of the collective agreement including Article 33 and Appendix Vi and Vii and the provisions of Part II of the Canada Labour Code.

The Canadian Union of Postal Workers (CUPW) grieves that the Canada Post Corporation (CPC) has violated Article 12 and other relevant provisions of the collective agreement by creating, in the wicket or counter sections of staff offices grades 9 and up, a total number of part-time positions that exceeds ten per cent (10%) of the number of full-time positions in the wicket or counter sections of staff offices grades 9 and up.

The Canadian Union of Postal Workers finds that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time employees at 78 %, in violation of paragraph 1 (b) of this Appendix, and by not creating the required number of regular full-time employees, as set out in paragraph 2 (d). Without limiting the generality of the foregoing, CUPW further submits that the employer calculated the adjustment rate and the adjustment factor as described in sub-paragraphs 1 a) v) and vi) incorrectly and in a manner inconsistent with past practice and inconsistent with representations made to the Union in past rounds of bargaining when the Appendix P ratio was negotiated and renewed. CUPW maintains that these are deliberate violations of the collective agreement. The Corporation’s actions also violate clauses 39.02, 39.03 and 39.06 of the collective agreement.

The employer has issued guidelines concerning the application of Article 54 of the collective agreement. These guidelines were sent to all CPC representatives for implementation. The guidelines concerning Article 54 and other provisions are contrary to the collective agreement. Therefore, the employer is in violation of the collective agreement.

The Canadian Union of Postal Workers grieves that the Corporation is in violation of Article 35 and other applicable provisions of the Rural and Suburban Mail Carriers Collective Agreement in its determination of the amount to be applied against the financial cap with respect to the pension plan.