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The Canadian Union of Postal Workers was advised a few days ago that the Canada Post Corporation has decided to implement the method of carrying the double bundle held back-to-back in the hand as the official work method for letter carriers.
In implementing this work method, the Corporation is violating the provisions of the collective agreement, the Canada Labour Code and the Canada Occupational Health and Safety Regulations, namely clauses 33.01 and 33.02 of the collective agreement, sections 122.1, 122.2 and 124 of the Code and sections 19.1 and 19.5 of the Regulations.
Further, the Corporation is clearly acting in bad faith, given the arbitration awards rendered with respect to health and safety matters over the past few years, namely decisions rendered by Arbitrator Burkett in the matter of Grievance N00-07-00032, and the findings of the July 2015 Golder Report on letter carrier work methods.
In so doing, the Corporation continues to deliberately compromise the health and safety of its employees, giving rise to a claim for damages for prejudice incurred and exemplary damages resulting from a deliberate violation of the legislation and the collective agreement.
That the Corporation immediately cease using any other mail carrying method than the one-bundle delivery method;
That the Corporation immediately cease prohibiting the sortation of sequenced mail at sortation cases with unsequenced mail to create a single bundle;
That the Corporation proceed without delay to adjust letter carrier routes with proper time values in accordance with the one-bundle delivery method;
That the Corporation pay each letter carrier who was or is being forced to use a two-bundle delivery method moral damages of $500.00 and punitive damages of $500.00 for each week during which the two-bundle delivery method was or is being used;
That the Corporation pay CUPW moral damages of $25,000.00 and punitive damages of $25,000.00 for the deliberate and systematic violation of the occupational health and safety provisions of the collective agreement;
All with interest to September 9, 2015.
CUPW reserves the right to seek any other additional or supplementary corrective action.
Pursuant to the provisions of clauses 9.87 and following of the collective agreement, CUPW further requests that the arbitrator issue an order to cease and desist from using delivery methods other than the single-bundle method and from prohibiting letter carriers from sorting sequenced mail into their sortation case and combine it with the unsequenced mail to form a single bundle.
In addition to the facts laid out in the above-mentioned grievance, CUPW further submits the following in support of its application for a cease and desist order: