The Manulife Decision

The long-awaited Manulife decision (N00-03-00016) has finally arrived.  There are some good points to the decision.  But the arbitrator did not agree to grant all of the corrective action that the Union sought.

Arbitrator Lauzon did not believe that the employer is sending out the Acquisition of Medical Information (AMI) form on a systematic basis despite including some of the evidence in his decision.   As a result, he did not order the employer to stop using the Acquisition of Medical Information (AMI) form.

 

Positive Points

 However, the arbitrator did say that the employer should only ask for a diagnosis and use the AMI form when situations warrant it.  Each request must be looked at on a case by case basis. He does agree that the employer cannot as a matter of course send out an AMI form.  This ruling is consistent with previous case law.

The arbitrator also supports the union’s position that the union shall be involved in all accommodation cases.

The arbitrator partially sustains the grievance and orders Canada Post to take the necessary steps to ensure that employees are informed of their entitlement to a union representative during all steps of the Manulife process. 

CUPW has contacted Canada Post at the national level and requested a meeting to ensure that they comply with the arbitrator’s award.

 

What Should You Do if Contacted by Manulife?

Any member who is contacted by Manulife either by phone or in writing should insist on union representation.  You do not have to speak to Manulife without this representation.  

Discuss your case with your CUPW representative.  Generally speaking, the employer has the right to know what your medical restrictions are.  This information allows the employer to assess whether or not they have modified duties that fit your restrictions.  But each case is unique, and it is important to determine whether or not the employer has the right to ask for additional information and to ask you to fill out the entire AMI form in your particular situation.

 

Each Case is Unique

Union representatives need to review the case law to ensure that in each case Canada Post is not overstepping boundaries. One of the best cases to read is arbitrator Jolliffe’s decision in Moore (846-88-01437) as it reviews a number of other arbitration decisions.   If in doubt, stewards should call their Local office, and local officers should call their Regional offices for advice.