National Grievance File

Although the employer recognizes the need for a more effective way of understanding the hours worked by its employees, it refuses to consider the best means of collecting and using the available information. In so doing, the employer is violating the provisions of the Collective Agreement.

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.

Annual RSMC compensation currently comprises the employees’ wages as such on the one hand and vehicle expenses on the other hand. The employer has advised the union that as part of its implementation of a bi-weekly pay system, wages will be paid with a two-week time lag. This is contrary to established practice and will result in changing the employees’ annual revenue. The employer is violating the provisions of the collective agreement and the Canada Labour Code.

The employer has failed to abide by the collective agreement by obstructing the right of its employees to apply on an informed basis for vacant positions in a postal installation within a 50-kilometre radius of their current postal installation. The information indicated on the posting of vacant routes is incomplete and does not enable employees to make an informed decision, and they may suffer adverse effects as a result. Furthermore, the employer is not posting vacant routes in all of its postal installations and is only posting these on the internet or Intr@post. The employer is therefore failing in its contractual obligations.

In a letter dated December 31, 2008, the employer informed the Union that it doesn’t intend to reimburse CUPW for all expense claims submitted to Canada Post. The employer is refusing to reimburse the Union for all expenses incurred in relation to the work and activities of the union members of the Transition Committee, in accordance with Article 34 and others of the collective agreement, as well as all related agreements and/or policies. The employer is violating the provisions of the collective agreement and related agreements.

The Canadian Union of Postal Workers (CUPW) is challenging the Canada Post Corporation (CPC) policy of prohibiting bargaining unit employees from wearing a button or other insignia to promote Canada’s public postal service. CUPW also challenges CPC’s policy of disciplining employees who refuse to obey the policy directive or an order to remove such buttons or insignia. CPC’s policy and actions: (a) constitute an illegal attack on the freedom of expression of employees and the Union; (b) constitute a constraint upon a legitimate union activity;; (c) constitute an abusive exercise of management rights;; (d) violate the provisions of the collective agreement, and more specifically Articles 1, 2, 3 and 5. CPC is abusing its rights by using the threat of discipline to stifle freedom of expression. Furthermore, over the years, various arbitrators have ruled that wearing buttons or other insignia is a legitimate union activity, which the Corporation does not have the right to prohibit, or even less to discipline employees who choose to express themselves in this way. More specifically, the Corporation is deliberately violating the order issued by arbitrator Rodrigue Blouin in his decision dated September 27, 2006.

As of May 30, 2011, the Corporation has stopped applying the collective agreement, has denied employees in the bargaining unit rights they are entitled to, has denied the right to union representation and the right to present a grievance, and has unilaterally imposed several less favourable working conditions than those outlined in the collective agreement. These actions by the Corporation violate clause 43.02 and most other articles, clauses and appendix of the collective agreement.

The CUPW grieves that Canada Post is violating Articles 47, the Letter Carrier Route Measurement System (LCRMS) Manual, Appendix V, Appendix CC, and to the extent that it applies, the Mail Services Courier Workload Structuring System (MSCWSS) Manual, as well as all other applicable Articles and Appendices of the Urban Operations Agreement. The Corporation is calculating travel time to, from, within, and between different functions on motorized and other letter carrier routes in a manner that is not correct and not consistent with the Urban Operations Collective agreement and the LCRMS and MSCWSS Manuals. In regard to the MSCWSS Manual, the Corporation has not sought or obtained the Union’s agreement to calculate travel times for letter carrier routes in the manner being done. In addition, by changing the method of calculating transportation time, the Corporation is asserting that timing of travel times is now part of the preparation phase of the restructuring process rather than part of the restructuring phase. The impact is to limit CUPW’s right to employer paid observation of these timing exercises.

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.

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.