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QUESTIONS AND ANSWERS 1. Where did the NEB get the mandate to carry out a referendum posing a choice between universal seniority and "status quo"? At the April 2005 National Convention, resolutions from most regions called for a debate on universal seniority. At the previous National Convention in 2002, a similar resolution on universal seniority was narrowly defeated. At the 2005 Convention, the resolution was overwhelmingly adopted with all speakers endorsing the composite resolution put forward by the Constitution Committee. 2. Why do we need this referendum now? Section 4.02 of the CUPW National Constitution requires a secret ballot referendum must be held prior to any "change in the seniority rules". Therefore, in order for such a change to be included in the collective agreement, CUPW must first vote on it. The resolution adopted at convention directs the NEB to take necessary measures to make seniority a priority demand- in this next round of bargaining. That is why the referendum is being carried out in conjunction with the referendum on the program of demands. The main reason for the proposed change is to correct injustices inflicted on members as a direct consequence of Canada Post's hiring policies and practices. We have gradually addressed many of the problems created by the employer by negotiating increased rights for temporary workers so that they have access to indeterminate positions by virtue of seniority among themselves rather than by the employer's preference. Prior to those changes, the employer could disregard those temporaries who had served the longest time with Canada Post when hiring for indeterminate positions. The result has been that some individuals, arbitrarily passed over by the employer for indeterminate employment, have more continuous service but less seniority than others. 3. If the referendum on universal seniority is passed by the membership, will it come into effect immediately? No. Both the change in calculation of seniority and its application need to be negotiated into the collective agreement. A successful referendum result will mandate the National Executive Board to negotiate the appropriate collective agreement changes to implement the result. 4. Why should "continuous service" be the yardstick for seniority in the bargaining unit? Because "continuous service" is already the yardstick for determining access to a large number of very important benefits in our collective agreement. "Continuous employment" is defined in clause 11.01 of our collective agreement and is very similar to the concept of "continuous service" the referendum proposes as the basis for seniority. Currently, continuous employment is the "seniority" yardstick used to determine: • entitlement to vacation leave for full-timers - clause 19.01; • entitlement to vacation pay for part-timers - clause 19. 10; • entitlement to pre-retirement leave - clause 19.13; Using continuous employment as the "seniority" yardstick in these matters is fair and equitable. We now must go further and insist that continuous service as the seniority yardstick is also the most fair and most equitable system to use as criteria for promotion, transfer, selection of vacation leave, selection of positions and assignments and determining who is declared surplus - for all employees. Historically, unions have fought hard to establish and expand seniority systems effectively limiting the employer's ability to reward some and punish others arbitrarily. Consequently, expanding the calculation of seniority to encompass the largest portion possible of the bargaining unit membership advances the primary purpose of union seniority rules. It ensures every worker gets to apply seniority from exactly the same starting point. 5. I've been told the boss has in the past expressed support for seniority based on continuous service. If so, why should postal workers support it? Let's be clear on what the boss is really up to here. What the Corporation would like to achieve is to eliminate the loss of seniority rules under clause 11.07 so that they can use our members as supervisors without jeopardizing their seniority rights. Our referendum question specifically rejects this idea. It's true, employers consistently seek out their own advantage in their battle with workers for control of the workplace, but our relationship as workers and as a union involves us "agreeing" on issues with the employer on various occasions, starting with "agreeing" on the contract. There are many other examples, of course. The issue isn't whether we agree. The issue is recognizing that CUPW represents a different community of interests than the employer. CPC wants to advance its business interests. CUPW wants to prevent discrimination against its members. In our daily working lives, these clashing interests occasionally find accommodation. If this weren't so, we would be on the picket lines 365 days per year. 6. Won't this campaign for universal seniority create disunity? Why should providing all postal workers the democratic opportunity, via secret ballot, to determine how their seniority will be calculated cause disunity? It is much more likely that a failure to allow members to vote on making seniority truly universal would create disunity. The reason? Because we would permit the boss' discriminatory hiring practices of the past to continue to prejudice the seniority rights of many members. Providing a level "playing field" of seniority for all postal workers, in which each can exercise seniority shoulder to shoulder with every other postal worker, in the end will build unity, not create disunity. Every time the union breaks down a barrier between postal workers, we are building a stronger foundation for solidarity. 7. Why should part-timers get the same seniority as full-timers? They already do. Based on the truth that "a day in the post office is a day in the post office", this issue was resolved for internal workers in 1982 during the universal seniority referendum in the old CUPW. 8. Will former APOC members who have demoted to clerk or letter carrier get to apply the seniority they accrued while in APOC if universal seniority is adopted? No. The present and previous rules for loss of seniority will apply for those in supervisory positions, both acting and indeterminate. Under no circumstances would APOC seniority be part of the calculation of universal seniority. 9. Are we going to get back our continuous service and seniority for the period when 19contracts were used under the LCUC contract? Yes. Provided there was no break in service. In most cases, management has recognized the 19-day contracts now. We have taken the issue to national consultation and are awaiting the employer's reply. Examples of locals where the 19-day contracts have not been recognized for purposes of continuous service are St. John's, Dorion-Vaudreuil, La Sarre, Rimouski, Cornwall, Kapuskasing, Sault Ste. Marie, Oshawa, Thompson and Kitchener. 10. Do we get back our continuous service if, prior to gaining transfer rights under the collective agreement, we transferred to another Local while a temporary employee? Yes. We would apply the language of current clause 44.10 of the collective agreement. It provides that temporary employees who move from one list to another keep the seniority already accumulated. 11. Will the proposed changes to seniority be applied retroactively? Will lost weeks of annual leave we would have gotten in the past had seniority been calculated as it is now proposed be returned to us? No. Any additional seniority will be used for bidding on assignments and annual leave bidding in the future. However, those employees whose continuous service date changes as a result of its calculation from the "first date of hiring" rather than since the "last date of entry as a regular employee" may be entitled to an extra week of vacation leave earlier than they would be currently. This is because vacation leave entitlement is based on years of continuous employment (Article 19). 12. If there is a mistake in my continuous service date, can it be corrected in the future? Yes. Anyone who has documentation to prove that a mistake was made can file a grievance. 13. Does this mean that my pensionable years will be increased automatically if I buy back the time? No. An increase in pensionable service would need to be negotiated in the future. 14. Why would I vote in favour of this when there is a chance that someone will step ahead of me on the seniority list? Prior to 1992, there was no obligation for CPC to respect continuous service when hiring employees in indeterminate positions. Some workers who had been temporary employees for a significant period of time were arbitrarily jumped over when an indeterminate position became available. In some instances, this occurred as a result of favouritism and nepotism. Voting yes in this referendum would correct those injustices. 15. Prior to 1981, legal restrictions prevented casuals from belonging to a bargaining unit. How are you taking care of this injustice? This issue is contemplated in the question by referring to "bargaining unit work" rather than "work in the bargaining unit". This means if, as a casual not in the bargaining unit, you were doing the same work as that of a regular employee in the bargaining unit, seniority would accumulate for the period spent as a casual worker under the terms of this proposal. 16. Will Christmas helpers get back their continuous service? No, unless that time has already been accepted by CPC. This would only occur if there was no clear break in employment, as per Article 11. The current language of clause 44.30 prevents accumulation of seniority and continuous service by employees hired for the Christmas period. 17. I've got a grievance that challenges my continuous service date or seniority date in the system now. What will happen to it? The grievance will follow the usual procedure and your service time will be adjusted if the case is won. 18. My continuous service date is tied with another member in my office. What will happen? The procedure used to break ties at the time will be maintained. If the tie was not broken, we will apply the procedure in place today. 19. What about admail workers? There are a few of these members still working at CPC. Should this referendum pass and be negotiated into the next collective agreement, their continuous service and seniority will be respected from 1987, when admail workers first became members of the bargaining unit, or from their first date of hiring following 1987, as applicable. 20. Will Group 1 members who were unable to accumulate seniority while on education leave prior to 1992 be affected by this change to seniority accumulation? Yes. While Group I members on education leave did not accumulate seniority prior to 1992, their continuous service was not affected. We will apply today's rules so continuous service and seniority will be recognized. 21. What about long-term absences such as Temporarily Struck Off Strength (TSOS) or because of disability? The current rules of seniority will apply.
May 2006 |
