CUPW - National Grievance File - N00-03-00019

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Grievance File Number: 
N00-03-00019
Collective Agreement: 
Urban Postal Operations (2003)
Relevant Articles: 
29
Date referred: 
Wednesday September 28 2005
Status: 
Decision
Arbitrator: 
Dulude, G.

Statement

On July 14, 2005, the Corporation informed CUPW that it had decided to "review its national network" and that "the matter of the Quebec mechanized plant would be the first." This notice was allegedly submitted under clause 29.03 (a).

On August 3, 2005, the Corporation submitted a new notice allegedly under clause 29.03 (b) providing some information regarding the closure of the Quebec sortation centre, the transfer of the work to Montreal and the elimination of positions.

The information contained in the August 3, 2005 letter and other information obtained afterwards by CUPW show that the Corporation began reviewing this project long before July 14. Accordingly, the notice submitted on that date is late and is not consistent with the letter and spirit of clause 29.03 (a), particularly with regard to the other installations that might be involved in the review of the national network announced by the Corporation.

The Corporation's failure to meet its obligations under clause 29.03 (a) prevents CUPW from intervening in a timely manner and stating its position before the Corporation makes a final decision.

In addition, the August 3, 2005 notice is also not consistent with the letter and spirit of clause 29.03 (b) and clause 29.04 because it was submitted late and does not contain the information required under the collective agreement, particularly with regard to what will happen to the employees adversely affected by the changes that were announced.

Corrective Steps Requested

Accordingly, CUPW requests:

a) that the Corporation immediately provide CUPW with all material and information at its disposal concerning the review of its national network;

b) that consultation be held between the Corporation and CUPW on the changes being considered by the Corporation;

c) that implementation of any and all changes be suspended until the appropriate information has been provided to the CUPW and consultation has been completed;

d) that all time limits set out in Article 29 and implementation of any change at the Quebec mechanized plant be suspended as per the conditions set out in sub-paragraph (c) above, and be again suspended afterwards unless and until the Union has received a notice that meets the requirements of clauses 29.03 (b) and 29.04;

e) that any employee who has been or may be impacted negatively, as a result of these violations of the collective agreement, be fully compensated.



CUPW reserves the right to request any additional corrective action.