Right To Refuse - RSMC

In September 2005, union health and safety representatives at the Dorion-Vaudreuil post office informed Canada Post of their intent to file a complaint before Labour Canada concerning dangerous delivery practices at rural mail boxes (RMB), also called "roadside mail boxes." This situation stems from a directive issued by Director Serge Trépanier, in which he explained safe procedures for RSMC work, more specifically delivery at RMBs. In addition, the employer threatened to impose disciplinary measures to members who did not abide by these rules.

As a result, members at the Dorion-Vaudreuil office followed these rules and the Local Joint Health and Safety Committee (LJHSC) began discussing the issue. No concrete agreement was reached. Despite the fact that members of the LJHSC requested a study and identified several extremely dangerous areas, the employer did not follow up on their recommendations.

Given this deadlock, an RSMC at the Dorion-Vaudreuil office decided, on October 31, 2005, to exercise his right to refuse, as per the RSMC collective agreement, which refers to Part II of the Canada Labour Code. The relevant provisions read as follows:

"128. (1) an employee may refuse to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that []

(b) a condition exists in the place that constitutes a danger to the employee; or

(c) the performance of the activity constitutes a danger to the employee or to another employee.

(10) An employer shall investigate the matter in the presence of the employee who reported it and of

(a)at least one member of the work place committee who does not exercise managerial functions;

(b)the health and safety representative; or

(c) at least one person from the work place who is selected by the employee."

Following the refusal, an investigator from the Labour Canada Health and Safety Agency went to the Dorion-Vaudreuil office to investigate the matter. The investigator agreed with the worker and ordered that Canada Post remedy the situation. Canada Post did not completely resolve the issue.

On November 10, 2005, five other workers in the same office exercised their individual right to refuse in an effort to expose this situation, i.e. the fact that it is impossible to safely deliver to RMBs from the right-hand side of the vehicle.

As a result, a second investigator went to the Dorion-Vaudreuil office and his conclusions are clear: the way in which Canada Post requires RSMCs to deliver the mail from the right-hand side of the vehicle constitutes a danger to the employee within the meaning of the Canada Labour Code. He ordered Canada Post to remedy the situation throughout the country prior to December 6, 2005, or draft an action plan. In the meantime, Canada Post must provide staff at its own expense to ensure two people per vehicle deliver the mail.

On December 6, 2005, Canada Post replied to Labour Canada and proposed an action plan. In our opinion, this plan is based on several studies, but does not remove the immediate danger. All it does for now is test an extension arm.

If you believe you are experiencing the same problems, you have the right to inform your union representative and Canada Post of the dangers involved in your work and of the fact that two decisions have been issued concerning the Dorion-Vaudreuil office.

REMIND THE EMPLOYER THAT IT MUST PROTECT YOUR HEALTH AND SAFETY AT WORK.