N00-08-R0013 - New requests - contractor start date hired on Jan. 1, 2004

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Grievance File Number: 
N00-08-R0013
Collective Agreement: 
Rural and Suburban Mail Carriers (2008)
Date referred: 
Thursday February 25 2010
Status: 
Settled
Arbitrator: 
P. Chapman

Statement

As of December 31, 2009, the Canada Post Corporation (the employer) has decided to stop accepting and/or processing new requests regarding the contractor start date of rural and suburban mail carriers (RSMC) hired as employees on January 1st, 2004 (contract holders, sub-contractors, replacements or helpers) for the purpose of establishing the seniority ranking of RSMCs. The employer is violating the provisions of the collective agreement and the established practice.

Corrective Steps Requested

The Union requests a statement to the effect that the employer is in violation of the collective agreement. In addition, the Union requests that the employer be ordered to abide by the collective agreement and allow employees to provide, at any time, information about their start date for the purpose of having their seniority ranking established. The Union also requests that the employer be ordered to compensate (monetary compensation with interest) all RSMCs who are or have been prejudiced by the employer’s new directive. The Union further requests that the employer be ordered to restore the situation of employees prejudiced by the employer’s directive (transfer, annual leave, etc.) to what it would have been had the violation not occurred. The Union finally requests that the employer be required to publish the arbitrator’s order in publications addressed to RSMCs and to post it in all locations where RSMCs perform their work. The Union reserves the right to request any additional corrective action it may deem appropriate under the circumstances.