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Members’ Right to Free Speech and Union’s Right to Meet With and Represent Members in the Workplace

July 22, 2009  -  08:00

Grievance and Arbitration / Bulletin

2008-2007/182

The employer is engaged in a race to convince the members of the need for rollbacks in the next round of bargaining for the urban operations unit. The employer wants to rollback our rights under the collective agreement in terms of sick leave and work rules, which it deems too strict. In short, the employer is trying to persuade members to agree to rollbacks that are neither justified nor justifiable.

To win the members’ support, the employer is fighting hard to silence members who oppose its goals, as well as your union representatives. The latter are the subject of a vast campaign to limit your right to be fully informed of what’s at stake in these negotiations and of issues of interest to you.

National Grievance

N00 07 00016 – Buttons

On December 11, 2008, the Union obtained an interim order stating that the employer cannot prohibit members from wearing a button during working hours or in public while on duty. Since then, the Union has tried to have this grievance heard on its merits by a national arbitrator and have the order made permanent.

For several weeks, the employer objected to the national arbitrator’s jurisdiction to prevent him from ruling on the Union’s complaint. Finally, after several days of hearing, the arbitrator has rendered his decision and is ready to hear the parties on the merits of the issue, which is the right to wear buttons. If the arbitrator sides with the Union, the interim decision will become permanent and members will be protected against disciplinary sanctions should they choose to wear a button as a means of expression.

Arbitration hearings could begin as early as August.

Union Representatives Denied Access to Members in the Workplace

Union representatives from the Atlantic and Pacific regions and locals have been banned from or denied access to the workplace for long periods. This means they cannot meet with members during this crucial period leading up to the urban operations negotiations.

Regional officers were banned from corporate facilities for trying to attend the forums that Moya Greene set up to try and convince you to agree to rollbacks and discuss working conditions. Yet, clause 3.04 of the collective agreement gives union officers the right to attend such meetings to represent you.

Last week, two national grievances were filed, along with an application for a cease and desist order. This is to ensure your union representatives have full access to postal facilities so they can meet with you. We’ll be keeping you informed of any developments through bulletins.

We ARE the Union!

At the forum held in the Pacific Region, Moya Greene explained that the forums were designed to meet with employees, not the Union. In response, members told Moya: “We ARE the Union!”

Indeed, each and every one of you makes up the Union. And it is the workers who decided to form a union and chose representatives to represent them, protect their rights and negotiate collective agreements.

This balance of power is what Moya wants to undermine prior to the start of negotiations, knowing full well that this is essential if the employer wants to achieve rollbacks.

Help us represent you by closing ranks and designating union stewards in all work sections. Don’t meet with the employer by yourself. Always ask for union representation and let the employer know that you are behind your union.

The struggle continues for a decent collective agreement without rollbacks.

In solidarity,

Philippe Arbour
National Grievance Officer

This document is available in Portable Document Format (PDF).
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