National Grievance File

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.

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.

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 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 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.

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 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.

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 informed the Union that it was implementing a “Frequently Injured Employee Process,” commencing in April 2009. This employer program is a violation of the collective agreement.

In a letter dated March 9, 2009, which was received by the Union on March 11, 2009, the employer advised the Union that it intended to amend the collective agreement and the current practice in relation to the boot allowance for employees of the Rural and Suburban Mail Carriers’ (RSMC) unit, as set out in clause 24.03 of the RSMC collective agreement. The employer has decided to stop paying the boot allowance to employees who have been inactive for a year. This constitutes a violation of the collective agreement.

The employer informed the Union that it was implementing a “Frequently Injured Employee Process,” commencing in April 2009. This employer program is a violation of the collective agreement.