National Grievance File
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On or about September 18, 2017, the Corporation initiated the implementation of a project aimed at taking tasks away from letter carriers and assigning them to routers.
More particularly, on that date, the Corporation removed from all letter carrier routes at the Laval-West facility the tasks of obtaining and preparing, sorting and preparing the mail. This work was assigned to employees performing routers duties newly created by the Corporation.
These tasks were assigned in violation of the collective agreement.
Article 50 and appendices “V” and “CC” of the collective agreement, as well as the LCRMS, provide that letter carrier routes must contain these tasks. The collective agreement also provides that the role of routers must be limited to situations where the inside portion of a given route is excessive or when a route’s daily workload forces the letter carrier to work overtime on a regular basis and she/he requires assistance.
The Canadian Union of Postal Workers submits that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time hours in violation of paragraph 1 (b) of this Appendix.
Further, the Corporation failed to create and maintain the required number of regular full-time positions, as set out in paragraph 2 (d), to achieve, and then maintain, the aforementioned ratio.
The CUPW submits that this was a deliberate and calculated violation of the collective agreement by the employer intended to thwart the intent and spirit of Appendix “P” and clauses 39.02, 39.03 and 39.06 of the collective agreement.
Letter Carrier Route Measurement System (LCRMS)
Canada Post Corporation (CPC) is in violation of the collective agreement and of the Letter Carrier Route Measurement System (LCRMS) as a result of its refusal to capture in appropriate locations the information to be recorded during volume counts of non-automated sites. This is especially so with respect to redirected mail, oversize redirected mail, low density DRS pulls, medium density DRS pulls and high density DRS pulls. By proceeding in this manner, the Corporation does not attribute all the time values to restructured routes. Moreover, the Corporation refuses to log the two versions of conflicting data when this dispute is raised by the Union observer.
Canada Post Corporation (CPC) is in violation of the collective agreement and of the Letter Carrier Route Measurement System (LCRMS) as a result of its refusal to include in the letter carriers’ workload actual tasks performed in loading and unloading vehicles effective as of the date of implementation of the new routes.
The Corporation refuses to pay retroactively from the date of implementation the letter carriers who performed these tasks.
On or about February 18, 2016, CUPW was informed that the Canada Post Corporation has been failing to abide by its obligation under Article 12 of the collective agreement by having a higher number of part-time positions than allowed in the wicket/counter sections of urban offices. This constitutes a violation of the collective agreement, which is prejudicial to the Union and the employees.
Employees who have successfully completed the Apprenticeship Training Program are to be paid at the maximum MAM-11 Apprentice hourly rate of pay until they obtain a MAM-11 position and are to remain members of Group 3. The Employer has violated the Collective Agreement by unilaterally reclassifying these employees upon their successful completion of the Apprenticeship Program, not paying them at the appropriate wage rates, returning them to the classification they previously held prior to their apprenticeship and wrongfully deleting positions from the bargaining unit.
In doing so Canada Post has violated Articles 13, 40, 53, Appendix “A”, Appendix “T” and all other related Articles as well as the past practice.
Additionally, Canada Post is estopped from taking such actions in light of the prior representations to the affected employees and the Union that employees who successfully complete the Apprenticeship Program would remain members of Group 3.
The corporation advised the union via e-mail on April 29th 2016 and at subsequent consultation meetings held on May 11 2016 and June 23 2016 that the corporation will end past practice application of chapter 16 of the LCRMS and that the corporation will restructure routes after the 5-day verification using the validated sequence level by the individual LDU.
The corporation is in violation of the collective agreement and the LCRMS specifically but not limited to article 47 and LCRMS chapter 16.
Commercial Pickups
In restructuring the routes of motorized letter carriers who perform commercial pickup duties, the Corporation is violating the provisions of the collective agreement.
Specifically, contrary to the provisions of the collective agreement, and more specifically those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation is failing, in the case of certain routes, to combine scheduled commercial pickups and on-demand commercial pickups within a daily delivery window.
Further, contrary to the provisions of the collective agreement, and more specifically those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation is assigning on-demand commercial pickups to certain routes without assigning the scheduled commercial pick-ups to those same routes.
In addition, contrary to the provisions of the collective agreement and, more specifically, to those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation is not evaluating the service time allowance for on-demand commercial pickups using data from a 12-month volume base (excluding July, August and December) obtained from the “PICK” system, but is only using data from the two-week sampling.
Further, contrary to the provisions of the collective agreement and, more specifically, to those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation, in the case of some routes, is determining time values for on-demand commercial pickups based on pickup time data for the entire installation, rather than data from the route.
Finally, contrary to the provisions of the collective agreement and, more specifically, to those of Chapters 7 and 16 of the LCRMS and Chapter 5 of the MSCWSS, the Corporation, in the case of certain routes, is not allocating unscheduled working time.
The Canadian Union of Postal Workers submits that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time hours in violation of paragraph 1 (b) of this Appendix.
Further, the Corporation failed to create and maintain the required number of regular full-time positions, as set out in paragraph 2 (d), to achieve, and then maintain, the aforementioned ratio.
The CUPW submits that this was a deliberate and calculated violation of the collective agreement by the employer intended to thwart the intent and spirit of Appendix “P” and clauses 39.02, 39.03 and 39.06 of the collective agreement.
The Canadian Union of Postal Workers grieves that Canada Post has established a post office consisting of two installations that are greater than 40 km from each other. This is in violation of Article 6, 53 and applicable provisions of the collective agreement and the historic practice of the parties in the application of Article 6.05.
Canada Post advised the Canadian Union of Postal Workers that they were unilaterally cancelling the intake for the 2015 Apprenticeship program under Article 40 and Appendix T. The cancellation occurred very late in the process and with grossly inadequate evidence being provided to CUPW to justify this action and no meaningful consultation occurring to allow the parties to discuss the issue with the goal of preventing the cancellation from occurring.
In doing so Canada Post violated the collective agreement as any decisions to modify or cancel any part of the program need to be by consent and the deadline to cancel the 2015 intake had long passed.