Article 34 – Uniforms: Canada Post is ignoring your rights – Settlement of Grievance N00-10-00008

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Wednesday November 28 2012
2011-2015/123

On November 15, 2012, the Union filed a national grievance (N00-10-00008) against Canada Post for failing to allocate points to all eligible employees as of October 2012, so they could obtain the uniform items and clothing specified in the tables contained in Article 34 of the collective agreement, specifically under clause 34.01(b).

In so doing, the employer is not only violating the collective agreement, but the Canada Labour Code as well. Canada Post’s actions also violate the memorandum of agreement signed by the parties on September 30, 2008, which stipulates that the uniform entitlements and protective clothing can be ordered at any time during the year. By failing to allocate these points, Canada Post is delaying the clothing entitlement allocation and renewal process for these workers.

At a meeting of the National Uniform Committee, the employer had proposed moving the point allocation date from October to January of the following year. Its request was likely made for financial reasons. After some consideration, the Union rejected the employer’s proposal. Both parties had originally agreed on the month of October of each year because that date allowed workers to order and receive their protective clothing before winter arrived.

Despite the Union’s rejection of the proposed change to the allocation date, Canada Post has decided not to allocate the points to the employees concerned in October, as outlined in the collective agreement. Some of its local officials have even gone so far as to tell workers on the work floor that Canada Post was not allocating the points because it had run out of money. Don’t be fooled.  This is just another example of Canada Post’s continuing attempts to trample over workers’ rights.

As corrective action, the Union is asking that the Corporation be ordered to restore the rights set out in Article 34 of the collective agreement and to pay exemplary and punitive damages to both the Union and its members. It is also requesting that the employer be ordered to compensate the members adversely affected by its unilateral decision.

After the national grievance was filed, the parties met on November 26, 2012 to discuss the issue. Following the meeting, the employer decided to credit the points to the employees’ account on Friday, November 29. The credit allocation will apply to employees in all groups.

This resolves the matter.

In solidarity,

Serge Champoux
National Union Representative - Health and Safety (2008-2015)