National Grievance File

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.

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.

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.

The Canada Post Corporation (CPC) is violating the provisions of the collective agreement by not including, in its route assessments, the preparation of oversize householders, pick-up at relay boxes and mail processing.

The Board of Directors of the Canada Post Corporation (the “Board”) has decided not to pay the Corporate Team Incentive (CTI) to all employees in the Urban Operations Bargaining Unit. The Board’s decision violates Article 5 and other provisions of the collective agreement, as well as relevant legislation.

The Canada Post Corporation (CPC) is organizing meetings with the employees during working hours. At these meetings, the employer is encouraging discussions and is discussing working conditions with the employees in the bargaining unit. The employer is violating Article 3 and others of the collective agreement as well as the relevant legislation.

CUPW grieves that, in Vancouver and Richmond on June 25th and June 26th, 2009, the Corporation interfered in the representation of employees by CUPW and violated the provisions of clauses 3.01, 3.02, 3.04, 5.01, and others of the Collective Agreement in engaging in discussions with employees regarding working conditions, in denying CUPW representatives access to postal installation, in discriminating against them by reason of activities in the Union and by physically assaulting them. In addition, the interference by the Corporation in the representation of employees is also in violation of previous and binding arbitral awards between the parties.

CUPW grieves that, in Vancouver and Richmond, on June 25th and 26th, 2009, the Corporation interfered in the representation of employees by CUPW and violated the provisions of clauses 3.01, 3.02, 3.04, 5.01, and others of the Collective Agreement in engaging in discussions with employees regarding working conditions and benefits, in denying CUPW representatives the right to participate in such discussions, in denying CUPW representatives access to such discussions and postal installations in which they were held, by discriminating against them by reason of activity in the Union and by physically assaulting them. CUPW grieves that on or about July 9, 2009, and ongoing, the Corporation has further interfered in the representation of employees by CUPW and violated the provisions of clauses 3.04, 5.01 and others of the Collective Agreement by barring access by Ken Mooney, Regional Grievance Officer of the Pacific Regional Office of CUPW, to the non-public areas of all Canada Post facilities in the Pacific Region for a period of five months.

CUPW grieves that on or about July 13, 2009 and ongoing in Halifax, the Corporation interfered in the representation of employees by CUPW and violated the provisions of clauses 3.01, 3.02, 3.04, 5.01, and others of the Collective Agreement and the provisions of the Canada Labour Code in denying the President of the Nova Local, Lori Stacey, access to the Halifax Metro Postal Plant. In addition, the interference by the Corporation in the representation of employees is also in violation of previous and binding arbitral awards between the parties.

On October 26, 2009, the employer advised the Union that all employees who are hired by Canada Post on or after November 1, 2009 and who later meet the eligibility criteria will be required to pay for 100% of the premiums for the retiree dental plan. In addition, effective November 1, 2009, all employees who are hired by Canada Post on or after November 1, 2009 who are residents of British Columbia (BC) will no longer be reimbursed for the BC provincial Medical Insurance Plan Premium (Medical Services Plan of British Columbia) once they retire. The employer is violating the provisions of the collective agreement and/or the relevant laws and regulations.

The Canadian Union of Postal Workers grieves the Canada Post Corporation's actions with regard to compulsory overtime for Group 2 employees. Contrary to the provisions of clause 15.14 of the collective agreement, the Corporation has not taken any steps to minimize the amount of overtime employees are forced to work. More specifically, but not limited to, the Corporation fails to use temporary workers or other types of employees or people who could volunteer to do the work in lieu of Group 2 employees. In addition to violating clause 15.14, the Corporation's actions, in certain cases, could lead to grave and serious risks to the health and safety of employees who are forced to work overtime for too many hours in a day or week. Moreover, the Corporation's actions deprive temporary employees of hours of work to which they are entitled.

The Canadian Union of Postal Workers (CUPW) is filing this grievance without prejudice to the various procedures resulting from the national arbitration decision rendered with regard to grievance N00-03-00005 that the Union has initiated or may initiate with regard to the isolated post travel allowance for employees. On March 5, 2010, the employer informed the Union that it had unilaterally initiated a review of the isolated post program for employees in 2010 and 2011. The Isolated Post Allowance Program (March 4, 2010) violates the provisions of the collective agreement.