The Canadian Union of Postal Workers finds that the Corporation has failed to abide by Appendix “P” of the collective agreement by not maintaining the ratio of regular full-time employees at 78 %, in violation of paragraph 1 (b) of this Appendix, and by not creating the required number of regular full-time employees, as set out in paragraph 2 (d).
Without limiting the generality of the foregoing, CUPW further submits that the employer calculated the adjustment rate and the adjustment factor as described in sub-paragraphs 1 a) v) and vi) incorrectly and in a manner inconsistent with past practice and inconsistent with representations made to the Union in past rounds of bargaining when the Appendix P ratio was negotiated and renewed.
CUPW maintains that these are deliberate violations of the collective agreement.
The Corporation’s actions also violate clauses 39.02, 39.03 and 39.06 of the collective agreement.
Corrective Steps Requested
Should the parties fail to reach an agreement, CUPW will ask the arbitrator to instruct the Corporation to meet without delay its obligation to maintain the ratio of regular full-time positions at 78 %, to stop eliminating full-time positions for as long as the ratio is not met, and to immediately create the number of regular full-time positions required to ensure that the ratio is met and maintained.
CUPW will also ask the arbitrator to order that the Corporation pay compensation for the benefit of employees affected by the aforementioned violations of the collective agreement, such compensation to equate the wages and benefits that employees will have been deprived of, with interests.
CUPW reserves the right to request any other corrective action that may be appropriate under the circumstances.