Grievance

CUPW filed grievance N00-06-R0005 because the Corporation had failed to live up to its contractual obligations to hire 300 relief employees which was mandated by the language of Appendix E of the RSMC collective agreement.

Canada Post argued that it was impossible to meet its obligations arguing that the Corporation was not able to attract or retain on call relief employees.  The Union argued that the Corporation had not made all reasonable efforts and that CPC could not hide behind the doctrine of frustration as an excuse to not meet its contractual obligations.

Arbitrator’s Decision

The Union was successful with this grievance and the arbitrator concluded with the following passage:

“In this case, I find that the employer has breached the collective agreement by failing to comply with Appendix E and with the binding agreements entered into by the parties pursuant to its terms.  I order that the Corporation make every effort, in good faith, to immediately comply with the requirement to hire the number of OCR employees set out in Appendix E and the subsequent agreements.  Furthermore, it must bring any difficulty in concluding the required number of hires to the attention of the Union, as contemplated by Appendix E and the subsequent agreements made pursuant to its terms, in order that the parties can jointly discuss strategies to meet the Appendix E requirements and/or the need to adjust the detailed hiring and allocation agreements.  

While the union is also seeking compensation for the loss of union dues arising from the failure to hire OCR employees, the parties have agreed that I should first determine the grievance, maintaining jurisdiction over the question of remedy should a breach of the collective agreement be found.”

Union Demands

CUPW has been improving our contractual rights as they relate to relief employees during every round of bargaining. In 2004 we negotiated a consultation process, in 2006 we negotiated the hiring of 300 reliefs, and in 2008 we completely removed the obligation to supply replacement workers in major urban centres (MUC).

In 2010 our program of demands contains 3 areas that touch on relief employees. We are asking for improved rights for relief employees including seniority rights, we are demanding the creation of 150 more relief positions and that where relief are working that replacement workers will no longer be needed, and the union is also demanding that CPC hire replacement workers and helpers before they hire off the street to fill vacant positions.

During the arbitration hearing of grievance N00-06-R0005 CPC made it clear they were having trouble hiring relief employees. Our program of demands to improve relief employees’ working conditions would help in the hiring and retention of relief employees.

IT IS JUST A QUESTION OF TIME BEFORE WE ACHIEVE EQUITY FOR ALL POSTAL WORKERS!