N00-07-00025 - Cease & Desist – Pacific

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Grievance File Number: 
N00-07-00025
Collective Agreement: 
Urban Postal Operations (2007)
Relevant Articles: 
03, 05
Date referred: 
Wednesday July 15 2009
Status: 
Scheduled
Arbitrator: 
C. Lauzon

Statement

CUPW grieves that, in Vancouver and Richmond, on June 25th and 26th, 2009, the Corporation interfered in the representation of employees by CUPW and violated the provisions of clauses 3.01, 3.02, 3.04, 5.01, and others of the Collective Agreement in engaging in discussions with employees regarding working conditions and benefits, in denying CUPW representatives the right to participate in such discussions, in denying CUPW representatives access to such discussions and postal installations in which they were held, by discriminating against them by reason of activity in the Union and by physically assaulting them. CUPW grieves that on or about July 9, 2009, and ongoing, the Corporation has further interfered in the representation of employees by CUPW and violated the provisions of clauses 3.04, 5.01 and others of the Collective Agreement by barring access by Ken Mooney, Regional Grievance Officer of the Pacific Regional Office of CUPW, to the non-public areas of all Canada Post facilities in the Pacific Region for a period of five months.

Corrective Steps Requested

The Union requests a declaration that the Corporation is violating the provisions of the collective agreement and of the Canada Labour Code. The Union also requests that the Corporation be ordered to cease and desist from interfering in the representation of employees by CUPW, to cease and desist from meeting with employees to discuss working conditions and benefits and to cease and desist denying CUPW representatives access to postal installations. The Union further requests that compensatory and punitive damages be awarded to CUPW and to the representatives of the Union who were assaulted and such other relief as CUPW may advise. The Union further requests pursuant to article 9.87 of the Collective Agreement the issuance of an interlocutory order that the Corporation cease and desist from denying or interfering with access to postal installations by CUPW representatives, including Ken Mooney.