Canada Post once again has demonstrated a reckless disregard in the direction of well-established Health and Safety standards, as well as ignoring contractual and statutory obligations.
On September 29th, 2015, a Letter Carrier at the Capilano Delivery Depot (CDD) was sent home from work without pay for exercising their right to refuse unsafe work. The work in question was the multiple bundle method, as it pertains to delivery and the preparation at the vehicle.
As most of you are aware by now, a National information bulletin titled Single–bundle work method is the safest – A Joint Ergonomic Study Confirms the Union was Right was recently distributed. The information contained within this bulletin described the results of the joint ergonomic study regarding the multiple bundle method. The bulletin went on to explain that Golder Associates, the firm that carried out the study, clearly identified in their conclusion: The traditional one-bundle delivery method is the one that entails the lowest risk.
On Monday, September 28th, 2015, a CDD letter carrier refused to utilize the multiple bundle method, as it was their perception the work was unsafe. While delivering the previous week under the multiple bundle method, the carrier experienced numerous “near misses” with respect to mis-calculating steps and jarring their back. Fortunately, the carrier was not seriously injured.
Article 33.13 stipulates the rights of an employee to refuse unsafe work if they have reasonable grounds to believe the performance of this work will endanger his or her health or safety or may similarly endanger another employee.
Following a joint investigation involving Union and Management, the parties were in disagreement over any potential solution. During the investigation, the Worker presented the employer with a reasonable solution and suggested they be allowed to sort the sequenced mail in the case, thus providing a safe solution to the matter. In response, Canada Post stated they would look into the matter further and the discussion would conclude the next day.
The following day, the Union met with the employer to hear their response. It was at this time Superintendent Gabriel Delucrezia directed the carrier to complete his prescribed duties. He informed the carrier that they believed the multiple bundle method was safe and it posed no significant risk to the health and safety of the carrier, despite admitting he was aware the single-bundle method represented a lesser risk.
Not deterred, the carrier reiterated their concerns and exercised their Right to Refuse Unsafe Work. With what one can only assume was the guidance of Labour Relations, Mr. Delucrezia immediately suspended the Letter Carrier and told them leave the depot!
Many of you may be wondering how Canada Post could treat an employee in such a disrespectful manner for simply asking to work safer. Article 33.13 (e) stipulates: When the employee seeks, for frivolous reasons, to dishonestly take advantage of this clause, the Corporation will consider the said employee liable to disciplinary measures. Considering the facts before us, Canada Post’s course of action appears to be entirely unreasonable.
What is equally confusing, is Canada Post took a two pronged approach to remedying the uncovered route.
- They allowed person(s) to perform the work a member had refused for health and safety reasons – which contractually they are prohibited from doing.
- They staffed the uncovered route with two persons. One person to deliver the manual sorted mail and the other to deliver the sequenced mail. – Thus delivering the mail in precisely the requested method of the suspended carrier!
It comes as no surprise, that yet again Canada Post is caught talking out of both sides of their mouth.
In Solidarity,
Chris Zukowsky
1st Vice-President
ck/CUPE-3338