As part of the Modern Post, the Canada Post Corporation has implemented routes in Winnipeg using a delivery method that requires letter carriers to hold bundles of mail in one hand and on their forearm, in addition to carrying other mail items in their satchel.

The multiple‐bundle delivery method, as it is known, is dangerous and entails serious health and safety risks for the members of the Union. It also violates Article 33 of the collective agreement. The employer’s new routes in Winnipeg were structured by the Corporation’s route measurement officers without providing union observers access to the relevant information needed to ensure that the restructuring is in accordance with the LCRMS manual and the provisions of the collective agreement.

National Grievance N00‐07‐00032

The Union filed a national grievance challenging the multiple‐bundle delivery method, stating that it was dangerous, that its use violated the provisions of the Canada Labour Code and the Canada Occupational Health and Safety Regulations, and that the new routes as established by Canada Post contravened the LCRMS and the collective agreement.

In addition to the grievance, the Union also applied for a cease‐and‐desist order in the nature of an injunction. The hearings on the application for a cease‐and‐desist order began on September 15 and the last hearing took place on October 13, 2010, by conference call. The national arbitrator rendered his decision on October 24, 2010. He refused to issue an interlocutory order but referred the grievance on its merits to a national list arbitrator who could hear the parties at the earliest possible time:

“[Translation] SUBJECT to letter carriers potentially exercising their right of refusal;

THE BOARD does not grant the interim order requested;

BUT REFERS the grievance on its merits to the national list arbitrator who can hear the parties at the earliest possible time on a priority basis.”

The merits of the grievances will therefore be referred to a national list arbitrator for hearing on a priority basis. The arbitrator will have to examine the evidence and decide if the multiple‐bundle delivery method imposed by the employer is dangerous and entails serious and major risks for the employees’ health and safety.

Work Injuries

Meanwhile, the new delivery method used on the new routes implemented in Winnipeg has already led to the first work injuries. A summary analysis provided to the Union has revealed that letter carriers are already complaining of arm, shoulder and neck pain.

Members may be tempted to exercise their right of refusal under clause 33.13 of the collective agreement. However, they should keep in mind that the right of refusal is not a collective right, but one that has to be exercised individually and with care.

Interest Arbitration

The Union has launched other legal proceedings before an interest arbitrator (Brian Keller) appointed under Article 29 of the collective agreement, which deals with technological changes.

The interest arbitrator’s mandate is broader than that of a grievance arbitrator, whose mandate is limited to deciding whether the multiple‐bundle delivery method is dangerous and entails serious and major employee health and safety risks. The mandate of the interest arbitrator is to determine a work method based on the parties’ submissions.

In fact, the interest arbitrator has to determine working conditions that will apply following the introduction of a technological change. The grievance arbitrator must decide whether or not the collective agreement has been violated.

Needless to say, the entire issue will end up at the bargaining table. In the meantime, it is important for members to mobilize. Your union representatives will do everything possible to convince the arbitrators that our approach is a sound one. But important issues like these are best addressed when the members stand up to the employer and demand their rights.

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The struggle continues.