The Decision … What does it mean?

On January 27, 2012 the Honourable Judge Luc Martineau of the Federal Court in Montreal, Quebec rendered his decision which overturns the Minister of Labour’s July 22^nd appointment of the Honourable Coulter A. Osborne. In his decision he upheld the Union’s arguments on the necessary qualifications for a Final offer selection (FOS) arbitrator. He ruled that any of the proceedings or decisions that had transpired under arbitrator Osborne should be quashed on the grounds that the Minister of Labour has unreasonably exercised her discretionary power by ignoring the two essential qualifications required of the arbitrator. He agreed with the Union that any appointed arbitrator would have to be bilingual and have a degree of recognized expertise in labour relations. In his decision Judge Martineau states:

“[Translation]… it is inconceivable in this case that the Minister would appoint someone who is not bilingual.” …

“[Translation] Before appointing a new final offer arbitrator, the Minister shall take into account the grounds of the Court’s decision and ensure that the person selected has some degree of recognized labour relations experience and is bilingual.”

In his decision Judge Martineau also comments that final offer arbitration:

 “[Translation]… leads to one-sided law‑making…. It is the prevailing party, as designated by the final offer arbitrator, who will dictate to the unsuccessful party, for the next three years … Therefore, the weight of responsibilities is enormous.”

Further he comments on how this “extraordinary process” will affect some 50,000 postal workers and that:

 “[Translation] Caution is required to avoid the deterioration of the working environment for years to come.”

This is a major victory for the Union. The effect of this decision is that essentially it takes us back to where we were, in the process, in July 2011. The Union will continue to fight for postal workers against this unjust legislation.

The struggle ahead…

There is little doubt that when the new arbitrator is nominated by the Harper government, Canada Post will submit a final offer that will aim to reduce or eliminate protections and rights acquired over many decades, all in the name of more profits. The Union will do all in its power to preserve these protections and rights but there is nothing like the collective strength of all 54,000 postal workers. Tell the employer on the shop floor that you deserve better, that you deserve respect and equality, that your health and safety must be a priority, and that you want to retire one day with a secured pension and, in one piece, not with a broken body.

Make your voice heard.

The struggle continues … more than ever.