Employees who have successfully completed the Apprenticeship Training Program are to be paid at the maximum MAM-11 Apprentice hourly rate of pay until they obtain a MAM-11 position and are to remain members of Group 3. The Employer has violated the Collective Agreement by unilaterally reclassifying these employees upon their successful completion of the Apprenticeship Program, not paying them at the appropriate wage rates, returning them to the classification they previously held prior to their apprenticeship and wrongfully deleting positions from the bargaining unit.
In doing so Canada Post has violated Articles 13, 40, 53, Appendix “A”, Appendix “T” and all other related Articles as well as the past practice.
Additionally, Canada Post is estopped from taking such actions in light of the prior representations to the affected employees and the Union that employees who successfully complete the Apprenticeship Program would remain members of Group 3.
Following several meetings between the parties, the employer informed the Union on or about February 9, 2015 of an erroneous definition/interpretation it intended to apply to the Short-Term Disability Insurance Plan (STDP) in relation to the definitions of accident and hospitalization when applying Article 17 of the collective agreement.
Furthermore, as part of the final appeal process, the employer is imposing a time limit on the union representatives for submitting their arguments at the final level on behalf of an employee, failing which the employer is instructing the independent medical physician to render his or her decision without the Union’s input or arguments.
Following several meetings between the parties, the employer informed the Union on or about February 9, 2015 of an erroneous definition/interpretation it intended to apply to the Short-Term Disability Insurance Plan (STDP) in relation to the definitions of accident and hospitalization when applying Article 20 of the collective agreement.
Furthermore, as part of the final appeal process outlined in Article 20 of the STDP, the employer is adding to the collective agreement. It is imposing a time limit on the union representatives for submitting their arguments at the final level on behalf of an employee, failing which the employer is instructing the independent medical physician to render his or her decision without the Union’s input or arguments.
The employer is refusing to abide by many provisions of the collective agreement for the period of May 30, 2011 to June 27, 2011, in violation of the collective agreement extended as of February 1st, 2011 by the Act to provide for the resumption and continuation of postal services (Bill C-6). More specifically, and without limiting the generality of the above, the Corporation failed to apply Articles 4, 9, 10, 11, 13, 14, 15, 17, 19, 20, 27, 30, 33, 39, 40, 46 and 48, based on information received by the Union. The employer is violating both the collective agreement and this legislation.
As of May 30, 2011, the Corporation has stopped applying the collective agreement, has denied employees in the bargaining unit rights they are entitled to, has denied the right to union representation and the right to present a grievance, and has unilaterally imposed several less favourable working conditions than those outlined in the collective agreement. These actions by the Corporation violate clause 43.02 and most other articles, clauses and appendix of the collective agreement.
The Union has been informed that the Canada Post Corporation (CPC) is violating the provisions of the collective agreement by charging to the financial cap costs that are not contemplated by the collective agreement or agreed to by the Union.
The Canadian Union of Postal Workers finds that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time employees at 78 %, in violation of paragraph 1 (b) of this Appendix, and by not creating the required number of regular full-time employees, as set out in paragraph 2 (d).
Without limiting the generality of the foregoing, CUPW further submits that the employer calculated the adjustment rate and the adjustment factor as described in sub-paragraphs 1 a) v) and vi) incorrectly and in a manner inconsistent with past practice and inconsistent with representations made to the Union in past rounds of bargaining when the Appendix P ratio was negotiated and renewed.
CUPW maintains that these are deliberate violations of the collective agreement.
The Corporation’s actions also violate clauses 39.02, 39.03 and 39.06 of the collective agreement.
In the verification of data related to one or more routes, the Canada Post Corporation has failed to implement appropriate and effective measures to ensure that employees receive the correct annual pay for their route. The employer is altering working conditions, i.e. Articles 11 and 35, Appendix “A” and other provisions of the collective agreement. Employees have been unjustly deprived of the payment they are entitled to under Article 33. This constitutes a violation of the collective agreement.
Further to a notice given on October 15, 2010, and despite a union-management meeting held in Ottawa on October 27, 2010, the employer decided to install, as part of Phase II, Web-based security cameras in mail processing facilities, in violation on the collective agreement and applicable legislation. The Union has learned that the employer will begin Phase II on November 15, 2010 in seventeen (17) facilities, including mechanized and non mechanized faculties, as well as in letter carrier depots.
The Canada Post Corporation is thus violating the provisions of the collective agreement and applicable legislation.
On April 21, 2010, the employer issued a policy/directive on the validation period for Canada Post Corporation vehicle operator permits (VOPs). The effect of the employer’s policy/directive is to amend the collective agreement in its application. The employer is thus violating the provisions of the collective agreement.