N00-07-00014 - Article 3.01 - Senior management at work – To discuss work conditions

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Grievance File Number: 
N00-07-00014
Collective Agreement: 
Urban Postal Operations (2007)
Relevant Articles: 
02, 03, 06, 07, 08, Canada Labour Code
Date referred: 
Wednesday November 19 2008
Status: 
Referred
Arbitrator: 
T.A.B. Jolliffe

Statement

The Union grieves on behalf of all affected employees that the employer has violated articles 2, 3, 6, 7, 8, the Canada Labour Code and all other provisions of the collective agreement. Recently, the Divisional General Manager of Canada Post, Atlantic Division, Niki Forest, as well as the Director of Mail Operations, Nova Scotia / Prince Edward Island, Tony O’Keefe, exceeded their rights as managers and failed in their obligation to recognize the Union as the sole and exclusive bargaining agent for all employees covered under the bargaining certificate issued to the union by the Canada Industrial Relations Board, while conducting ‘’tours’’ to various facilities throughout the Atlantic Region. These individuals, among other violations, consulted directly with members of the bargaining unit concerning various working conditions covered under the collective agreement, including but not limited to, health and safety issues, uniforms, start and finish times, accommodation issues and the LCRMS.

Corrective Steps Requested

1) The Union requests that an interim order be issued under clause 9.87 and following of the collective agreement, directing the Corporation to immediately stop, in all postal installations, abusing its management rights by refusing to recognize CUPW as the sole and exclusive bargaining agent of all employees covered by the bargaining certificate issued by the Canada Industrial Relations Board, to immediately stop consulting directly with members of the bargaining unit regarding various working conditions covered by the collective agreement. 2) The Union also requests an order directing the employer to recognize in writing that violations of the collective agreement and the Canada Labour Code occurred with respect to these matters, and take immediate and affirmative action to cease these violations without delay. Further, the Union requests an order directing the Corporation to issue memos in all information books and/or bulletin board in all its postal installations acknowledging that bypassing the Union and having direct communications with employees concerning working conditions covered under the collective agreement violates the collective agreement and the Canada Labour Code. The Union reserves the right to seek additional redress, including but not limited to damages and interest at the Bank of Canada rates.