In the fall of 2008, CUPW asked its members to wear buttons as part of a public awareness campaign it conducted in Canada and Quebec against the privatization of the postal service. The first button included the message “Your public post office delivers… for now.” The second had the following seasonal message: “Peace, Joy and a Public Post Office.”

The employer reacted to the Union’s campaign with a gag order. In a directive dated October 10, 2008, the employer attempted to deprive the Union and its members of their fundamental right to freedom of expression – a right protected under the Canadian Charter of Rights and Freedoms – and threatened employees with disciplinary sanctions. Not only was this directive a violation of the collective agreement, but it was also illegal.

The Union grieved the directive and disciplinary sanctions and denounced the employer’s policy of prohibiting employees from wearing buttons or other insignia during working hours to promote the public postal service in Canada. The employer’s policy and behaviour were an abuse of power and an illegal attack on the freedom of expression of employees and the Union.

DECISION AND ORDER

After reviewing clause 5.01 of the collective agreement, the national arbitrator concluded that the employer’s directive prohibiting or limiting the wearing of buttons, as well as the threat and use of discipline, were discriminatory actions and constituted undue interference in the union members’ right to participate in union activities. These activities were part of a broad public awareness campaign against the potential privatization of the postal service.

Regarding the Canadian Charter of Rights and Freedoms, the employer argued that its decision to restrict the wearing of buttons was strictly administrative and was not subject to the Charter since it was not a governmental action. The national arbitrator described the Corporation’s argument as abusive and fallacious (i.e. false or deceptive).

The purpose of the Union’s message about protecting its members’ jobs was essentially to gather support for its cause from social, community, business and political organizations, as well as the general public, in an effort to preserve jobs and defend its members’ interests.

As a result, the arbitrator concluded that the restrictions, prohibitions, threats and sanctions stemming from the employer’s policy violated the Canadian Charter of Rights and Freedoms, previous arbitration awards on the issue and clause 5.01 of the collective agreement.

NEGOTIATIONS

On the eve of one of the most important, if not the most important, rounds of negotiations in its history, the Union and its members are being subjected to a vicious attack on the part of the employer, ordered by Moya Greene. The employer is pushing its ARROGANCE to the extreme by ignoring the collective agreement, the jurisprudence and the Charter. Moya has no respect for the Union or for the employees. While the provincial and federal governments are spending billions of dollars to create jobs, Moya is spending billions to eliminate a minimum of 10,000 jobs (?)…. How about a Tim Hortons coffee with that?!

No more donuts and coffee with a backward-thinking employer who only has contempt for its employees. Denying workers their fundamental rights under the Charter, which is Canada’s supreme law, says a lot about the type of management we endure on a daily basis.

The arbitrator’s conclusions and orders are reproduced below:

FOR ALL THESE REASONS, the arbitration board:

DECLARES that the Corporation has infringed upon the freedom of expression of employees and the Union;

DECLARES more specifically that the Corporation has violated the provisions of the collective agreement (in particular clauses 5.01 and 9.103), the Canadian Charter of Rights and Freedoms and the decisions of arbitrators Outhouse and Christie;

ORDERS that the Corporation stop preventing employees in the bargaining unit from wearing buttons or other insignia in support of the public nature of the postal service or against its privatization or deregulation;

DECLARES that the wearing of such buttons or insignia in public, as well as on uniforms, must be tolerated at all times and under all circumstances insofar as the message conveyed falls within the Union’s areas of responsibility and the working conditions of its members;

ORDERS that the Corporation stop imposing sanctions on employees who wear such buttons or insignia, and refrain from any other form of retaliation or harassment against them;

AND RESERVES JURISDICTION to rule on any dispute regarding the application and implementation of this award, as well as the pronouncement, if any, of compensation to be paid to employees whose freedom of expression was infringed upon by the Corporation’s policy or actions, or those of its representatives.