Seniority: An Important Union Right

Generally seniority is used to accommodate employees’ preferences where the collective agreement so provides.

Over the years, workers have defined rights and rules for the use of seniority that have been incorporated into their collective agreements.  We all accumulate seniority every day. Seniority is a fair and equitable right that prevents an employer from arbitrarily deciding who will benefit from the application of certain work entitlements.

What Can Seniority be Used For?

Seniority is a negotiated union right and, with the provisions changing in the collective agreement; this right is now used in relation to the:

• Filling of vacant positions
• Transferring to another postal installation
• Annual leave
• Internal bidding
• Surplus positions
• Recall list
• Job security

Posting of revised lists – Clause 8.03

Canada Post must maintain updated seniority lists by province or territory. In December 2009, CPC will post revised lists in each postal installation with RSMCs. These revised lists must be sent to the local of the Union. We ask that locals review these lists and inform the Transition Committee of any discrepancies.

Seniority, Continuous Service and Breaks In Continuous Service

CUPW’s National Executive Board (NEB) adopted the following ranking criteria for RSMC members hired on January 1^st, 2004:

Continuous Service:  

“Any combination of continuous time worked as a contract holder, sub-contractor, replacement or helper would be used to determine the ranking. This would include any combination of work locations and be based on the first day the individual started performing the duties.”

Breaks in Continuous Service:  

A break for the purpose of determining rank would occur when the individual was no longer the contract holder and did not continue as a replacement, helper, sub-contractor or contractor; or the individual was no longer a replacement, helper, sub-contractor or contractor.”

Missing Information and Documentation

We note that there are still a number of RSMCs hired on January 1st, 2004 whose date of continuous service is unknown. To resolve this situation, we need to get additional information on the date you started working in RSMC-related duties. To do this, you need to provide us with supporting documentation to show that you have continued working or have always been available to work in RSMC-related duties up to the time you became an employee of Canada Post on January 1^st, 2004. We also need to receive at least two (2) documents proving the date of continuous services that you want us to use to determine your seniority ranking.

Examples of supporting documentation: Copies of contracts indicating the date when you started to perform RSMC-related duties; an official letter or document from a contractor confirming when you started working or that you have remained available since then to work in RSMC-related duties; an official letter or document from a postmaster, supervisor, lead hand or other CPC employee confirming when you started working or that you have remained available since then to work in RSMC-related duties as a contractor, sub-contractor, replacement or helper.

Locals’ Help Needed

We’re asking all Locals to seek the help of shop stewards to resolve this situation.

Locals should send these to the national office, to the attention of the Union members of the Transition Committee.