As a result of the British Columbia Teachers’ Federation (BCTF) strike, Canada Post has predictably re-issued its order book notice, “Crossing Picket Lines”. In that order book notice, Canada Post employees are instructed to cross BCTF picket lines under threat of suspension. While Canada Post’s preoccupation with a punitive labour relations approach continues to astound, we continue to retain our rights under the Collective Agreement and Canada Labour Code.
While in the course of their deliveries, CUPW members may encounter picket lines. In its order book notice, Canada Post has instructed its delivery agents to “walk around persons”, avoid using “unnecessary force” and to keep on going if “jostled”. But we are not NFL running backs. Aside from the ethics of crossing a picket line, no employee can be compelled to cross a picket line or enter into any other situation where there is a reasonable apprehension of confrontation and/or danger.
This is particularly so when operating motor vehicles. In the past, Canada Post supervisors have pressured Mail Service Couriers (MSCs) and Letter Carriers into driving corporate vehicles through picket lines under threat of discipline.
CUPW members cannot be compelled under any circumstances to put into jeopardy their health and safety. Nor may Canada Post compel any employee to put into jeopardy the health and safety of anyone else.
Article 33.13 of the Collective Agreement stipulates that an employee has the right to refuse to do particular work if he or she has reasonable grounds to believe that the performance of this work will endanger his or her health, safety or physical well-being, or which may similarly endanger another employee.
Similarly, Section 128 of the Canada Labour Code stipulates that an employee may refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that: (a) the use or operation of the machine or thing constitutes a danger to the employee or to another employee; (b) a condition exists in the place that constitutes a danger to the employee; or (c) the performance of the activity constitutes a danger to the employee or to another employee.
Employees cannot be disciplined for invoking their rights pursuant to the Collective Agreement or Canada Labour Code unless it can be established that an employee has sought, for frivolous reasons, to dishonestly take advantage of those rights.
In a notable dispute that went before the Canadian Labour Relations Board 3 CLRBR (2d) 253 (now the Canadian Industrial Relations Board) three (3) Vancouver Mail Service Couriers were suspended by Canada Post after refusing to drive through a PSAC picket line. All three of the MSCs exercised their rights under the Code because picketers were in close proximity to the front of their vehicles. In response, Canada Post immediately suspended each driver.
In its subsequent ruling in favour of the Union, the Board held that Canada Post failed to comply with its obligations under the Code:
CPC did not fulfill its obligation as an employer under section 128 (7). It did not carry out an investigation into the circumstances surrounding the refusals with a view to eliminating or reducing any existing danger. What it did was to short-circuit the whole system by immediately disciplining the refusing employees. This is exactly the type of mischief that section 147 of the code is designed to prevent. When an employer acts like CPC has here, the Board can only presume that the disciplinary measures were taken because the employees acted in accordance with the Code
As reinforced by the above CIRB ruling, employees may not be disciplined for exercising their rights. Accordingly, the Union will provide full representation to any CUPW member who is suspended or disciplined for exercising his or her rights, up to and including arbitration.
In solidarity,
Ken Mooney – Regional Grievance Officer
June 18, 2014 cope 225