Article 33.13 of the Collective Agreement provides us with the right to refuse unsafe work. If a member honestly believes that their safety is at risk, or that the work they are doing may endanger someone else’s safety, they may exercise this right by stating to their supervisor, “I am exercising my right to refuse this work under Article 33.13 of the Collective Agreement”. A supervisor may not issue a direct order to perform unsafe work.
ARBITRATION OF BOTH COLLECTIVE AGREEMENTS
November 22, 2019 Bulletin # 092
ARBITRATION OF BOTH COLLECTIVE AGREEMENTS
Update
Many members felt anger and frustration at the news that the arbitrator responsible for determining our collective agreements, and our future, had requested an extension of the arbitration process until next June.
Was there an agreement to extend?
It is important to specify that there was no agreement to extend the process. The arbitrator is mandated under the law to hear the parties’ evidence and determine our future working conditions in terms of the outstanding issues. Since the employer has not completed its evidence (and probably will not be finished before the end of the year), and since the Union intends to submit reply evidence, the arbitrator had no other choice but to request an extension of her mandate to be able to fulfill her obligations under the law.
Getting it Right
We did not choose this process. It was forced upon us. That being said, we have to ensure we get it right. The issues before the arbitrator are of critical importance. They deal with health and safety, precarious employment, the right to full-time work when possible, job security, fair and equal treatment, and reparation for the damages suffered in 2012 under the Conservatives’ back-to-work legislation, which was heavily biased in the employer’s favour.
In this context, we have to ensure we proceed based on the rules that govern this type of arbitration, to ensure the arbitrator has the evidence needed to render a decision, which, we hope, will address the situations we have experienced for far too long. This means having the right to present our evidence, cross-examine the employer’s witnesses, and present rebuttal evidence to rectify the alleged facts presented by these witnesses that we deem incorrect.
Past Experiences
The last time we underwent this type of arbitration was in 1997. (Under the 2011 back-to-work legislation, we did not actually proceed with the interest arbitration.)
The 1997 arbitration lasted nearly two years and ended with a negotiated settlement in December 1999 prior to a decision being rendered by the appointed arbitrator. This type of arbitration is a complicated and arduous process, which requires a lot of research and preparation. Nothing can be left to chance.
Make your voice heard!
How can we explain that Canada Post upper management allows its representatives to oppose almost all of our demands? How can we explain that, once again, this Holiday Season, nothing will be done to protect our health and safety, to improve work-life balance, and to ensure that thousands of workers get paid for all hours worked? How can we explain that, despite its lofty rhetoric that you matter, Canada Post allows for problems to persist for years?
There is no explanation!
You are exhausted. You barely see your family and friends. You want a decent job instead of precarious work. You want to continue working without risk of injury, so that one day, you can be healthy enough to enjoy a long and well-deserved retirement.
Send Canada Post a strong message!
You deserve respect and dignity, not just lofty rhetoric.
Our true strength is our solidarity!
In Solidarity,
Nancy Beauchamp
Chief Negotiator
RSMC Unit
&
Sylvain Lapointe
On Behalf of the Negotiating Committee
Urban Unit
2019-2023 / Bulletin #057
ARBITRATION UPDATE
November 18, 2019 Bulletin # 091
ARBITRATION UPDATE
We have now completed 35 days of hearings. There are 4 dates scheduled for December; 3rd, 6th, 19th and 20th. Canada Post has used 15 hearing dates so far. When the Arbitrator asked about how much longer they need to complete their case, the answer from their counsel was vague. He never really answered the question but stated they think they have 3 or 4 more witnesses to go.
VANCOUVER LOCAL FALL 50/50 WINNER!
50/50 WINNER!
CONGRATULATIONS JEYAMALINI THEVARAJSH FROM PPC #2 S/L MECH FOR THEIR 50/50 JACKPOT WINNINGS OF $1276.00!!
November General Membership Meeting
Sunday, November 24, 2019, at 1 p.m.
The Maritime Labour Centre*
50/50 tickets will be available throughout, with the draw at end of the GMM.
AGENDA FOR THE NOVEMBER GMM:
- Land Acknowledgment
- Reading of new members
- Reading of the previous meeting’s minutes
- Business arising out of the minutes
- Financials
- New Business: Notice of Motion (click link below)
- Nominations and elections:
- Regional Conference Delegates (4)
- Regional Conference Delegates Alternates (5)
- MSC Route Evaluation Committee (minimum 2)
- Vancouver District Labour Council (V.D.L.C) Delegates (1)
- Vancouver District Labour Council (V.D.L.C) Delegates Alternate (1)
- Executive Committee Motions
- Unfinished business
- Correspondence
- Executive and Committee Reports
- Good and Welfare
- Adjournment
In Solidarity,
Chris Zukowsky, President
*Please note there is free parking in the rear of the building off of Pandora St. and access to the building is from this parking area.
**Sign Language Interpreters have been confirmed.
***Reminder that there is no GMM in December.
ARBITRATION CONTINUES
October 17, 2019 Bulletin # 088
We continued with our busy arbitration schedule by completing 8 days of hearings in the last three weeks. We have now completed 32 days of hearings. We presented our entire case in 20 days, which included hearing evidence and the cross-examination of 28 witnesses. So far Canada Post has used 12 days of hearings and we have heard evidence from 3 witnesses. They still have their fourth witness on the stand and have at least 3 more witnesses to go after that.
October 8 & 9
We began the week with our cross examination of Canada Post’s witness Jean-Laurent Rousset, General Manager of Customer Experience. We challenged Mr. Rousset’s evidence regarding the need for “flexibility” in Group 1 staffing, by indicating just how much flexibility Canada Post currently has for Group 1 staffing.
We also challenged Mr. Rousset’s representation that Canada Post was struggling in the parcel business and that maybe 2019 wouldn’t be a good year for parcel growth. We presented documents showing that Canada Post is forecasting to have a very good “Peak Season” this year. No one can say what the final results for 2019 will be, but it is clear that Canada Post is optimistic with its forecasts. This goes against much of the theme presented by Canada Post’s first two witnesses.
Canada Post then began with the testimony of Mr. Sanjay Paliwal, General Manager of Delivery Transformation. His testimony continued the same gloom and doom theme as Canada Post’s first three witnesses. He then talked about some of the changes that Canada Post has made to address these challenges, such as Postal Transformation, the 5 Point Action Plan and Separate Sort and Delivery (SSD). Yes, much of this was addressed by previous Canada Post witnesses.
October 10
Mr. Paliwal continued his lengthy testimony, going into great detail about the Letter Carrier Route Measurement System (LCRMS) and letter carrier restructures. He then went on to discuss letter carrier workload and overtime and the clauses in the collective agreement used to manage workload and overtime.
Upcoming Dates
The next hearing dates are October 23 and 30. Canada Post has scheduled visits to three different smaller post offices on these dates. The cross examination of Mr. Paliwal will begin when Canada Post completes his evidence in chief, whenever that is.
What is CPC Up To?
It is not clear if CPC’s strategy to have their witnesses read passages after passages of the collective agreement, or spend hours on issues that are not in front of the arbitrator, is designed to ensure that the arbitration is extended past the federal election. Perhaps they are hoping for a Conservative majority?
Be assured we are doing everything we can to move the arbitration forward without compromising our case.
Its Time For Canada Post to Recognize That Workers are an Asset Not a Liability!
In Solidarity,
Nancy Beauchamp
Chief Negotiator
RSMC Unit
Sylvain Lapointe
On Behalf of the Negotiating Committee
Urban Unit
Read this before you vote on October 21.
The Federal election takes place on October 21. There are many issues for CUPW members to think about before casting your ballot.
Issue — National Pharmacare Plan
The parties’ positions on a National Pharmacare plan
| National Pharmacare Plan | Conservatives | Greens | Liberals | NDP |
| Andrew Scheer has said he only supports a National Pharmacare plan to “fill in the gaps” | Support a National Pharmacare Plan | Are in favour of a National Pharmacare Plan, but since 2015 have not introduced any legislation to implement a National Pharmacare Plan | Have been campaigning for a National Pharmacare plan for many years. Strongly support this |