N00-08-R0018 - Article 35 - $6M Financial Cap – readjustments since 2004

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Grievance File Number: 
N00-08-R0018
Collective Agreement: 
Rural and Suburban Mail Carriers (2008)
Relevant Articles: 
35
Date referred: 
Monday November 22 2010
Status: 
New Grievance
Arbitrator: 
P. Chapman

Statement

The employer has violated the provisions of Article 35 and others of the collective agreement by advising the Union of its intention to apply $6M to the financial cap. The employer alleges that transactions made by the Transition Committee as a result of route restructurings and the fair and equitable redistribution of remuneration had not been factored into the costs to be charged to the financial cap since 2004.

Corrective Steps Requested

The Union requests a statement to the effect that the Corporation has violated the collective agreement when it applied $6M of Transition Committee costs to the financial cap. The Union further requests that the employer be ordered to return to the financial cap any amount that has been withdrawn, including interest, and to compensate, in whatever form, the Union and its members for the prejudice suffered. As such, any amounts that may be ordered by the arbitrator as compensation should include interest. The Union reserves the right to request any additional corrective action and to amend this grievance.