MAM-11 / Group 3 Reclassification

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Grievance File Number: 
N00-12-00027
Collective Agreement: 
Urban Postal Operations (2012)
Relevant Articles: 
Articles 13, 40, 53, Appendix “A”, Appendix “T”
Date referred: 
Thursday September 15 2016
Status: 
Referred
Arbitrator: 
Jolliffe

Statement

Employees who have successfully completed the Apprenticeship Training Program are to be paid at the maximum MAM-11 Apprentice hourly rate of pay until they obtain a MAM-11 position and are to remain members of Group 3. The Employer has violated the Collective Agreement by unilaterally reclassifying these employees upon their successful completion of the Apprenticeship Program, not paying them at the appropriate wage rates, returning them to the classification they previously held prior to their apprenticeship and wrongfully deleting positions from the bargaining unit.

In doing so Canada Post has violated Articles 13, 40, 53, Appendix “A”, Appendix “T” and all other related Articles as well as the past practice.

Additionally, Canada Post is estopped from taking such actions in light of the prior representations to the affected employees and the Union that employees who successfully complete the Apprenticeship Program would remain members of Group 3. 

Corrective Steps Requested

  1. The Union requests a declaration that the aforementioned actions of the Corporation violate the Collective Agreement or in the alternative that the Corporation is estopped from taking the actions noted above.

  2. An order directing the Corporation to comply with the Collective Agreement and to compensate all affected individuals by paying them at the applicable Apprentice MAM-11 or MAM-11 hourly rate retroactive to the date of their successful completion of the Apprenticeship Program as well as paying interest and any other damages sustained by the affected individuals.

  3. An order directing the Employer to return the affected employees to Group 3.

  4. An order directing the Corporation to reinstate any positions that were wrongfully deleted.

  5. An order directing the Employer to compensate any other employees in the bargaining unit who were adversely affected by returning the employees who had successfully completed the Apprenticeship Program to the groups they previously were in prior to their admission into the Apprenticeship Program.

  6. An order directing the Corporation to pay punitive damages.

  7. The Union reserves the right to amend the grievance and request additional corrective action.