New Westminster Letter Carrier Returns to Work after Unjust discharge

A New Westminster Letter Carrier has returned to work over one year after being unjustly discharged.

On June 23, 2008, Vanessa Valentyne was discharged by Canada Post on the grounds that she was negligent in delaying the delivery of two partial sets of flyers, an error for which she took full responsibility and offered an apology. Despite her ten years of service and clean personal file, Kevin Sullivan, Southern Zone Manager, decided to ignore progressive discipline and proceeded directly with discharge.

At Canada Post, the distinction between an honest mistake and “major misconduct” is often completely arbitrary, largely dependent on the attitude of the management representatives involved. In this case, Canada Post chose to pursue a petty, vindictive discharge instead of exercising common sense.

This arbitration hearing was twice delayed because of Canada Post’s requests for adjournments. The Corporation attempted to obtain a third adjournment by claiming that Kevin Sullivan was “not available” to attend the June 10, 2009 arbitration hearing. In reality, Sullivan was at home serving a five day suspension, himself the beneficiary of progressive discipline. Despite the Corporation’s attempt to further delay the proceedings, Sullivan was compelled to attend the hearing after a process server was dispatched to his residence.

At the commencement of the hearing, Canada Post attempted to alter its allegations. The lawyer appointed to represent Canada Post pulled out the fraud brush and went to great lengths to convince the arbitrator that the Grievor was a liar and had deliberately delayed the delivery of mail. With Kevin Sullivan at his side, Canada Post’s lawyer also argued that the Grievor was dishonest and held contempt for her job.

In assessing the evidence, Arbitrator Joan Gordon rejected each of Canada Post’s claims:

The evidence does not support a finding of dishonesty, deceit and/or surreptitiousness by the Grievor.

In the result, Arbitrator Gordon reduced the penalty of discharge to a five (5) day suspension. The Grievor is now entitled to lost wages and benefits for a period of approximately one year.

In her June 25, 2009 presentation to employees at the Vancouver Mail Processing Plant, Canada Post CEO Moya Greene (the architect of our current labour relations climate) made condescending reference to our “petty grievance procedure”. Notwithstanding those comments, the importance of our “petty grievance procedure” is underscored by the skyrocketing discharge rate in the Pacific Region. Since January 1, 2009 the discharge rate is on track to increase by 263%!

It is the “petty grievance procedure” that protects employees from frivolous, petty, unjust discharges.

Welcome back, Vanessa!

In solidarity,
Ken Mooney
Regional Grievance Officer

July 1, 2009

Just Shut up

June 28, 2009

Canada Post Reneges on Invitation, Calls in Goon Squad and RCMP!

Canada Post’s Regional Forums at the Vancouver Mail Processing Plant (VMPP) and Richmond Delivery Center (RDC) offered CUPW members a very revealing glimpse of Moya Greene’s attitude towards CUPW members and their authorized bargaining unit representatives.

The Insults

On June 25, 2009, Moya Greene provided VMPP employees with the first of two presentations on the current state of Canada Post, with emphasis on the current economy and the need to cut costs.

Things went awry after Vice-President Doug Jones brazenly suggested that postal workers have been guilty of dishonest injury claims and malingering. To throw fuel on the fire, it was also suggested that CUPW members abuse their sick leave. Unsurprisingly, numerous employees took great exception to those comments. After breaking out the fraud brush, Ms Greene and Mr. Jones quickly discovered that employees do not like being insulted. Pulling guard, Moya Greene refused to engage in a transparent discussion regarding her future cost-cutting plans. Unable to control the response that she incited, Ms Greene also cut off questions!

Welcome to Walmart!

On June 26, 2009, Moya Greene conducted the second Regional Forum at the RDC. Prior to the meeting, RDC employees were told that they could not start working until Moya had completed her presentation. Perhaps to suppress any further displays of dissension, Canada Post also put in place a heavy security presence.

Although CUPW representatives had been invited in writing to attend the same session, Canada Post abruptly reneged on that invitation, without notice, and refused to allow elected bargaining unit representatives into the facility. A group of security staff were on hand to act as greeters. Immediately recognizable by their mismatched suits and brown shoes, the security staff became physically aggressive towards some of the officers who had been invited to the meeting. After unsuccessfully intimidating CUPW officers, Canada Post called in the RCMP.

Canada Post pled its case, but was unsuccessful in convincing the RCMP to remove CUPW officers from the site. Much to Canada Post’s chagrin, no CUPW officers were tasered, nor were there any arrests.

Doug Strangward, a Man of Contradictions!

Contrary to the written invitation that was provided to the Union, Doug Strangward, RDC Director, insisted that the meeting was “for employees only”. Strangward also claimed that CUPW officers had not provided notice of the visit.

Was Doug Strangward telling the truth? Click here make up your own mind!

Paving the Road to Cutbacks!

Moya Greene’s presentations during both forums made reference to negotiated employee benefits such as sick leave, IOD leave, and vacation leave.

In a controlled environment, Moya Greene is able to make representations without being questioned or challenged. For this reason, Moya obviously gave orders to exclude CUPW bargaining unit representatives from the second Regional Forum.

In a true forum, Moya Greene would not be able to hide behind a line of security goons or avoid answering questions regarding her plans to take away employee benefits.

In a true forum, Moya Greene would not be able to duck questions about her 33% personal bonus (with her personal performance bonus, Moya Greene now earns twice as much as the prime minister!).

But the purpose of the Regional Forums was not to have an open, transparent discussion; Moya was in Vancouver to pave the road to cutbacks. The real purpose of her visit was to convince CUPW members that their benefit plans are too lavish – without any opposing views.

Departing in Style!

Prior to her departure, several CUPW officers asked if they could have their photo taken with Moya Greene. To their great disappointment, she declined to make herself available for that purpose.

After addressing RDC employees, Moya Greene met privately with supervisory staff. With security staff acting as a distraction at the South exit, Moya scurried out the North exit and was driven away, but not before a security goon shoved a CUPW member off the sidewalk!

Moya Greene, living the Corporate Values!

Ken Mooney

Regional Grievance Officer

June 10, 2009

Public Compensation Coalition

May 8, 2009

THE B.C. ELECTION ACT AND YOUR RIGHT TO VOTE

On Tuesday, May 12, 2009, British Columbians will take to the polls to determine our future political leadership. To ensure that each registered voter would have the opportunity to exercise his or her right to vote, the B.C Election Act was designed to ensure that employees would not be prevented by the terms of their employment from casting their votes.

Section 74 (1) of the Election Act states that an employee who is entitled to vote in an election or who, on registration, will be entitled to vote in the election is entitled to have 4 consecutive hours free from employment during voting hours for general voting. Section 74 (2) of the Election Act states that if an individual’s hours of employment do not allow for the consecutive hours referred to in subsection (1), the individual’s employer must allow the individual time off from employment to provide those hours. Section 74 (4) an employer must not (a) without reasonable justification, fail to grant to an employee sufficient time off as required by subsection (2), or (b) make a deduction in pay for the time off or exact any penalty from the employee for the time off.

Voting hours are from 8:00 a.m. to 8:00 p.m. Therefore, dayshift employees who start work before 12:00 p.m. (noon) may not be required to work beyond 4:00 p.m. on Tuesday, May 12, 2009. The provisions of the Election Act apply to all employees who are scheduled to work the dayshift on Tuesday, May 12, 2009.

The black spots on Premier Gordon Campbell’s resume are far too numerous to list but Campbell is the only Canadian Premier immediately recognizable by his Maui Police Department mugshot, taken following his January 10, 2003 drunk driving arrest in Hawaii, for which he was later convicted. In a press conference, Campbell denied he had been smiling while being photographed.

Prior to his 2001 election, Campbell promised to honour collective agreements. In 2002, Campbell introduced Bill 29, anti-union legislation which in effect tore up the collective agreement of the B.C. Hospital Employees Union, resulting in the largest single lay off of female workers in British Columbia history. On June 8, 2007 (several years after the affected health workers lost their jobs) the Supreme Court of Canada ruled that parts of Bill 29 were illegal and contrary to the Charter of Rights and Freedoms.

Upon his 2001 election, Campbell immediately froze B.C.’s minimum wage at $8.00. It is now the lowest in Canada. Campbell also introduced a sub-minimum wage that further reduced the minimum wage to $6.00 for the purposes of “training”. After establishing Canada’s lowest minimum wage, Campbell’s government later introduced Bill 37, which rewarded Campbell with a 54% pay increase.

In 2002, the Campbell government responded to employer lobby groups by gutting the WCB Act, virtually eliminating loss of earnings pensions and reducing wage loss entitlements and other benefits for injured employees.

Three months prior to the May 12, 2009 provincial election, Campbell passed Bill 42, legislation which was designed to limit third party spending and take away the right to free speech by effectively imposing a gag order on British Columbians. On March 27, B.C. Supreme Court Justice Frank Cole found the changes were unconstitutional because they limited the Freedom of Expression during an important period following the Throne Speech and the budget. The Campbell government’s subsequent attempt to have that decision stayed was unsuccessful.

Although Campbell pledged not to sell B.C. Rail, he did just that, in covert fashion. Several of the Campbell government’s ministerial aids are now in court facing charges of fraud, breach of trust and accepting bribes in connection with the sale of B.C. Rail.

There is a common theme surrounding the history of the Campbell government. Please take the time to ask why Campbell has closed at least 177 public schools, why 26,000 forestry jobs have been lost due to the export of raw logs, why BC is now ranked Number 1 in Canada for Child Poverty and Tuition Fee hikes.

On May 12, 2009, fire Gordon Campbell!

In Solidarity,

Ken Mooney

May 3, 2009

PENSION COURSE

PENSION COURSES

May 30 and June 13, 2009

The Vancouver Local will be offering Pension Courses on Saturday, May 30, 2009, 9:00 a.m. – 5:00 p.m. and Saturday, June 13, 2009, 9:00 a.m. – 5:00 p.m. The courses will take place at the Vancouver Local Union Hall at 1079 Richards Street in Vancouver.

Preference will be given to those retiring in the immediate future.

Those interested may complete an Education Application form and mail, drop off or send by fax (604-685-4931) to the Local Union Hall to the Attention of Janet Askin. Please note your expected retirement date somewhere on the application form. There are no book-offs available for this course.

In Solidarity,

Janet Askin
Education Director

May 2, 2009