N00-08-R0015 - Transition Committee Accommodation Costs

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Grievance File Number: 
N00-08-R0015
Collective Agreement: 
Rural and Suburban Mail Carriers (2008)
Relevant Articles: 
Canada Labour Code
Date referred: 
Monday October 25 2010
Status: 
Memorandum of Agreement
Arbitrator: 
P. Chapman

Statement

CUPW grieves the employer's decision, announced in a letter dated August 13, 2010, to stop reimbursing the Union members of the Transition Committee for the cost of their accommodation in Ottawa and their meal allowances. The employer alleges that its decision is based on the fact that the Transition Committee meets only once or twice a week. The Corporation's decision is a violation of the collective agreement and an attempt to unilaterally change a well-established practice between the parties. Furthermore, the Corporation has no right to interfere in the work practices of the Union members of the Transition Committee. Indeed, the Corporation is seeking to prevent the Transition Committee from carrying out its work.

Moreover, it is obvious that the Corporation's decision is an crude strategy to bypass a decision rendered on June 25, 2010 by arbitrator Stewart, and, as such it constitutes a form of contempt of court and shows inadmissible contempt for the authority of the arbitration tribunal.

The employer's decision also constitutes unfair labour practice within the meaning of the sections 50(b), 94(1 )(a) and 94(3) of the Canada Labour Code. The Union reserves all its rights in this matter, including the right to file a complaint with the Canada Industrial Relations Board.

Corrective Steps Requested

CUPW requests that:

a) The employer rescind its decision and maintain the status quo;

b) The employer be ordered to reimburse all of the Transition Committee members' expenses, with interest;

c) A permanent order be issued requiring the Corporation to continue regularly reimbursing the members of the Transition Committee for their expenses;

d) The Corporation be ordered to pay punitive and exemplary damages to the Union in the amount of $25,000.00;

e) The Corporation be ordered to cease and desist from impeding the work of the Union members of the Transition Committee.

The Union reserves the right to request any additional corrective action.