On February 1, 2006, arbitrator Guy Dulude ruled that Canada Post Corporation (CPC) had violated article 29 of the collective agreement with respect to the proposed closure of the Québec City mail processing plant in the following ways:

• the information from Canada Post was not provided within the prescribed time limits;
• the information was inadequate and did not meet the requirements of clauses 29.03(b) and 29.04; and
• without this information, the union could not have full input in the “meaningful consultation” process which the collective agreement provides for.

Canada Post has now launched an appeal before the Québec Superior Court for a judicial review of arbitrator Dulude’s decision.

CPC claims the arbitrator was wrong

Canada Post’s application for a judicial review claims that:

• the arbitrator had exceeded his jurisdiction and had handed down a decision which was “patently unreasonable, clearly abusive and contrary to common sense;”
• arbitrator Dulude’s decision “is based on unsustainable reasoning errors that lead to a blatant injustice;” and
• arbitrator Dulude erred in his interpretation of clauses 29.03(a), 29.03(b) and 29.04.

In its application for review, Canada Post also objects to the arbitrator’s ruling that the union should be informed of the impacts of the technological change on temporary employees, Group 2 employees (letter carriers and mail service couriers) and those employees who have permanent or partial disabilities.

Furthermore, Canada Post claims arbitrator Dulude erred when he obliged the employer, in the article 29 notice, to provide analysis regarding attrition and to indicate replacement opportunities at each phase of the project.

Why won’t Canada Post respect the arbitration decision?

This demand for a judicial review comes as a surprise to the union. Canada Post’s February 2, 2006 media release stated that arbitrator Dulude’s decision “will not impact Canada Post's decision to close the Quebec City Mail Processing Plant” and that “while the issues raised in the ruling require Canada Post to make some minor adjustments in terms of timing of the multi-phase project, it will not delay the final completion date. Canada Post has agreed to provide an updated notice of change to the union, and will respect the 120-day notice as per the collective agreement.”

When the union continued its quest for further information, in accordance with the collective agreement and arbitrator Dulude’s decision, the employer decided to run to the court for a judicial review.

Dulude’s decision remains in effect…

It is expected that the Québec Superior Court will decide by the end of April on the dates to hear Canada Post’s application for a judicial review. Arbitrator Dulude’s decision remains in effect in the meantime.

And we will continue our campaign!

We have the right to know what is happening with Canada Post’s review of the national network. They have told us that Québec City is only the first facility to be reviewed. Who will be next? What will happen to our members? What will happen to the public postal service? We urge all members to participate in the union’s campaign Operation Transparency activities.