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Settlement Talks Unsuccessful

Recently there were meetings between CUPW and Canada Post Corporation to discuss a settlement of the urban operation collective agreement. This was to avoid the Final Offer Selection Arbitration Process established as part of the back to work legislation imposed by the Conservative government.

Prior to those discussions the parties agreed that neither would communicate any information about the settlement discussions with the sole exception of the fact that discussions had taken place.

The talks were unsuccessful and have concluded.

Further information on developments in the arbitration process will be made available as they occur.

In solidarity,

Denis Lemelin
National President and Chief Negotiator

CUPW Wins Federal Court Case on Status of the Arbitrator

Today the Federal Court of Canada issued their decision (please see attached) in the Union’s request for a Judicial Review of the appointment of the Arbitrator under the Conservative Government’s back to work legislation (Bll C-6).

For your reference here is a link to the text of Bill C-6: http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=5117642&file=4

The attached decision is in French.  However, a translation and official bulletin summarizing the decision will be available in the near future.

However, the decision essentially states the following:

1. The defendant’s [Canada Post] motion to dismiss is denied and the application for judicial review of union is allowed in part;
2. The application for a declaration of annulment of Article 12 of the Act [Bill C-6] is denied;
3. The decision of 22 July 2011 by the Minister of [Labour] to appoint the Honourable Coulter A. Osborne is canceled;
4. Before appointing a new arbitrator, the Minister must take into account the reasons for judgement of the Court and shall ensure that the candidate has proven experience in labour relations and is bilingual;
5. The union is entitled to costs against the Attorney General of Canada.  The union is entitled to costs against the employer in respect to the injunction and stay of proceedings only.

This is another major victory for the Union against the attacks by the Conservative Government and Canada Post on the rights of Postal Workers and all workers in Canada to free collective bargaining.

If you have any questions please feel free to contact the Regional office.

TEMPORARY WORKER'S RIGHTS COURSE

Due to popular demand, a second Temp Rights Course has been added.  If you applied for the first course, you do not need to submit an application again.  You will be considered for the second course.

 
March 1 & 2, 2012

Grievance Officer - Karen De Francesco

Chief Steward VMPP #1 - Angelito Decena

In addition, the following members have been elected as Shop Stewards for a 2 (two) year term:

Thank you for your support and participation in our local election.

In Solidarity,

Robert Mulvin
President

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CUPW has filed a National Policy grievance alleging Canada Post violated the Urban Operations Collective Agreement between May 30 and June 27, 2011.

Bill C-6, the back-to-work legislation, extended the term of the Urban Operations Collective Agreement back to February 1, 2011.

As a result, CUPW is arguing that the Urban Operations Collective agreement was in full force and effect for the entire period.

This means that Canada Post violated the Collective Agreement when they:

* failed to grant us sick leave with pay, vacation leave, and other types of leaves during this period;

* failed to honour health care claims during this period;

* failed to include this period in the calculation of our sick leave, vacation leave, night worker’s leave and other types of credits;

* failed to accept grievances;

* failed to properly pay us for overtime hours worked;

* failed to allocate work on an uncovered route properly;

* performed bargaining unit work;

* sent apprentices home from training;

* changed letter carrier work patterns.

This is not a complete list. For example, in the Pacific Region, B. C. members were denied the 70% coverage for their Provincial Medical Insurance Plan during the month of June 2011. Many members are just getting these late bills at this time since the B. C. Government contracted out this service to the private sector.

At this time, many members also have to choose whether to take their vacation leave without pay or work the extra dates since the employer also decided to not honour the Vacation Leave entitlement described in Article 19.01. For example, if you were entitled to 3 weeks, the employer will not honour 1.25 days of your vacation leave. If you are entitled to 7 weeks the employer will not honour 2.9 days.

CUPW wants Canada Post to resolve this National Policy grievance by fully and retroactively applying all the provisions of the Collective Agreement, and providing proper compensation.

You need to inform your local of how this decision by the employer has impacted your vacation leave, your provincial medical coverage or your sick leave, since the employer also did not allow you to accrue 1.25 days of sick leave during June 2011. Please copy any documents you have that show the deductions of your vacation leave and/or vacation pay; or inform the local that you chose to work these dates rather than lose your pay. Include any relevant correspondence from the employer regarding this situation.

Solidarity,

John Bail
National Director

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