The employer violated the provisions of the CUPW-CPC collective agreement, including, but not limited to, Appendix “MM,” when the definition of seniority was amended to add to the seniority already recognized, the length of continuous service within the Post Office Department or the Canada Post Corporation between the first date of hiring to carry out bargaining unit work and the date on which the employee became a regular employee. On or about December 12, 2007, when the new seniority lists were established and posted, CUPW members noticed that the employer had granted periods of seniority that had already been lost to employees who had worked in other bargaining units. This constitutes a serious violation of the collective agreement and is prejudicial to the Union and its members.
Corrective Steps Requested
The Union requests a statement to the effect that the employer violated the contractual provisions and asks that the arbitrator instruct the employer to take all means necessary to immediately rectify the situation. The Union also requests that the employer be ordered to restore all rights employees may have lost (transfer, surplus position, annual leave, overtime, etc.) and to compensate the Union and its members for any prejudice resulting from the employer’s failure to abide by the newly-negotiated collective agreement. The Union reserves the right to request any other corrective action.