Seniority: An Important Union Right

Generally seniority shall be used to accommodate employees’ preferences where the collective agreement so provides.

Over the years, workers have defined rights and rules for the use seniority that have been incorporated into their collective agreements.  We all accumulate seniority every day. Seniority is a fair and equitable right that prevents an employer from arbitrarily deciding who will benefit from the application of certain work entitlements.

What Can Seniority Be Used For?

Seniority is a negotiated union right and, with the provisions changing in the collective agreement; this right is now used for:

• Filing a vacant position
• Transferring to another postal installation
• Annual leave
• Internal bidding
• Surplus
• Recall list
• Job Security

National Update

On May 21^st, 2009, we sent a memo and a list (Excel file) for each region including the names of the 711 RSMCs who have not provided any continuous service date.

The following is a breakdown of the 711 RSMCs:

• Atlantic Region – 130 RSMCs
• Quebec Region –  165 RSMCs
• Montreal-Metro Region – 0 RSMCs
• Central Region –  141 RSMCs
• Ontario Region – 110 RSMCs
• Toronto-Metro Region –  6 RSMCs
• Prairie Region – 119 RSMCs
• Pacific Region –  40 RSMCs

Seniority, Continuous Service and Breaks In Continuous Service

CUPW’s National Executive Board (NEB) adopted the following ranking criteria for RSMC members hired on January 1^st, 2004:

Continuous Service:  “Any combination of continuous time worked as a contract holder, sub-contractor, replacement or helper would be used to determine the ranking. This would include any combination of work locations and be based on the first day the individual started performing the duties.”

Breaks in Continuous Service:  A break for the purpose of determining rank would occur when the individual was no longer the contract holder and did not continue as a replacement, helper, sub-contractor or contractor; or the individual was no longer a replacement, helper, sub-contractor or contractor.”

Missing Information and Documentation

To resolve this situation, we need to get additional information on the date you started working in RSMC-related duties. To do this, you need to provide us with supporting documentation to show that you have continued working or have always been available to work in RSMC-related duties up to the time you became an employee of Canada Post on January 1^st, 2004. We also need to receive at least two (2) documents proving the date of continuous services that you want us to use to determine your seniority ranking.

Examples of supporting documentation: Copies of contracts indicating the date when you started to perform RSMC-related duties; an official letter or document from a contractor confirming when you started working or that you have remained available since then to work in RSMC-related duties; an official letter or document from a postmaster, supervisor, lead hand or other CPC employee confirming when you started working or that you have remained available since then to work in RSMC-related duties as a contractor, sub-contractor, replacement or helper.

Locals’ Help Needed

We’re asking all Locals to seek the help of shop stewards to resolve this situation. You should advise them of the names of RSMCs in your Local who were hired as Canada Post employees as of January 1^st, 2004 and who still haven’t submitted the information and documentation needed to determine their continuous service.

We’re also asking all shop stewards to collect any other useful information and documentation that could be used to determine seniority ranking. Locals should send these to the national office, to the attention of the Union members of the Transition Committee.