National Grievance File

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.

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.

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.

On Thursday, April 9, 2009, the Union learned through its members that the employer had given employees of the rural and suburban mail carriers (RSMC) unit a $50 gift card. The employer did this in such a way as to avoid consulting the Union. As a result, Canada Post has violated the RSMC collective agreement, and, specifically but not exclusively, Articles 3 and 7 of the RSMC collective agreement

The employer is structuring routes of more than forty (40) hours of work per week, which is a violation of the Rural and Suburban Mail Carriers (RSMC) collective agreement, more specifically clause 11.04.

On or about August 18, 2009, Canada Post advised the Union that it was sending all rural and suburban mail carriers (RSMCs) an information package regarding the security screening of replacement contractors and others carrying out duties on RSMC routes. In this material, Canada Post requires RSMCs to carry out a series of steps to confirm the security status of contractors used as replacements. Among other measures, Canada Post requires RSMCs to give their replacements helpers or ergo assistants the documents and instructions needed to initiate the security clearance process and make sure the latter have read the instructions carefully, completed specified forms and provided finger prints. In doing so, Canada Post is violating the provisions of the collective agreement, and, specifically, Article 14, by assigning RSMCs duties not provided for in the collective agreement, thus unilaterally and illegally changing the provisions of the collective agreement.

Canada Post has altered the duties of the Rural and Suburban Mail Carriers (RSMC) by ordering the delivery of personal contacts items (PCI) and (CMB) lock and key replacement delivery notice cards (DNC) to points of call located at more than 0.5 km off the line of travel. Canada Post has incorrectly applied Appendix ‘’A’’ for remuneration for these duties. Canada Post unilaterally made this decision without negotiating to determine fair and just compensation for this work. This is contrary to the provisions of the Collective Agreement, articles 11 and 13 and Appendix ‘’A’’ as well as any other provisions of the Collective Agreement and the Route Management System (RMS).

As of December 31, 2009, the Canada Post Corporation (the employer) has decided to stop accepting and/or processing new requests regarding the contractor start date of rural and suburban mail carriers (RSMC) hired as employees on January 1st, 2004 (contract holders, sub-contractors, replacements or helpers) for the purpose of establishing the seniority ranking of RSMCs. The employer is violating the provisions of the collective agreement and the established practice.

On February 18, 2010, John Thomas, CPC Manager, Labour Relations, in Ottawa, informed the Union that the Corporation did not intend to return to the financial cap the amounts deducted for a hand sanitizer provided to Rural and Suburban Mail Carriers in 2009 to help prevent the H1N1 virus, as well as the seasonal flu. The employer has violated the collective agreement.

CUPW grieves the employer's decision, announced in a letter dated August 13, 2010, to stop reimbursing the Union members of the Transition Committee for the cost of their accommodation in Ottawa and their meal allowances. The employer alleges that its decision is based on the fact that the Transition Committee meets only once or twice a week. The Corporation's decision is a violation of the collective agreement and an attempt to unilaterally change a well-established practice between the parties. Furthermore, the Corporation has no right to interfere in the work practices of the Union members of the Transition Committee. Indeed, the Corporation is seeking to prevent the Transition Committee from carrying out its work.

Moreover, it is obvious that the Corporation's decision is an crude strategy to bypass a decision rendered on June 25, 2010 by arbitrator Stewart, and, as such it constitutes a form of contempt of court and shows inadmissible contempt for the authority of the arbitration tribunal.

The employer's decision also constitutes unfair labour practice within the meaning of the sections 50(b), 94(1 )(a) and 94(3) of the Canada Labour Code. The Union reserves all its rights in this matter, including the right to file a complaint with the Canada Industrial Relations Board.

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.