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
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.