Canada Post: No Longer in Business to Serve?

In several locations throughout British Columbia, Canada Post appears to be rolling out a delivery policy which provides for non-delivery in situations where there is insufficient relief staff available for the coverage of Letter Carrier absences.

Decades ago, the Letter Carriers’ Union of Canada negotiated language that required Canada Post to cover the absences of Letter Carriers and Mail Service Couriers. That language not only promoted the integrity of Canada Post’s mail service but ensured that the incumbent of an unstaffed route would not be left in an overburdening situation upon his or her return from leave.

Today, the same language is found in Article 17.04 of the Collective Agreement:

17.04 Coverage of Uncovered Letter Carrier Routes or Mail Service Courier Assignments

When the absences exceed the number of unassigned letter carriers and the available relief letter carriers or unassigned mail service couriers or available mail service couriers (relief) as applicable, and barring exceptional circumstances such as an insignificant volume of mail available for delivery, climatic conditions or darkness which could adversely affect the employee concerned or the proper delivery of mail, the resulting uncovered routes shall be covered by the Corporation according to the following procedure:

(a) With regard to the letter carrier category:

(i) volunteer part-time letter carriers by seniority at straight time up to a maximum of eight (8) hours a day who are either on duty or who are not on duty, and are called back to work.

Under this clause, part-time employees will be called back at the discretion of local post office management. If there is less than three (3) hours of scheduled work to be performed, management may decide to cover the work through an overtime basis instead of calling a part-time employee back to work. However, part-time employees called back shall be

guaranteed a minimum of three (3) hours work or pay at the applicable rate.

(ii) overtime by volunteer full-time letter carriers;

(iii) overtime by available volunteer part-time letter carriers;

(iv) where upon completion of the preceding steps, under paragraph 17.04(a), sufficient volunteers are not available, additional lists of part-time and full-time letter carrier volunteers from other installations within the same post office jurisdiction are to be established and applied in accordance with the sequence outlined in sub-paragraphs17.04(a)(i), (ii) and (iii);

(v) by any other means.

The language of Article 17.04 does not provide Canada Post with the discretion to cover unstaffed routes. In a policy grievance that was filed to seek an interpretation of Article 19.03 [now 17.04], Arbitrator Carl Goldenberg held that the requirement to cover absences is mandatory:  

The instructions issued immediately following the signing of the new agreement states clearly that clause 19.03 “requires that” when the absences exceed the number of unassigned letter carriers, etc, the coverage of the resultant unmanned routes “shall be offered” to full-time letter carriers, etc. 1

Arbitrator Ken Swan made the same observation in a 1996 National Policy Grievance:

Clause 17.04 provides in its preamble for the coverage of absences through the use of relief staff and unassigned personnel, and for dispensing with covering absences in certain circumstances. When the preamble has been exhausted, its language produces “resulting uncovered routes” which are to be covered by the “procedure set out thereafter”. 2      

Canada Post does not have the discretion to adopt a policy of non-delivery. Letter Carrier absences must be covered by Relief staff or extended hours and/or overtime must be offered in accordance with the steps set out in Article 17.04. For further information, please contact your Union representative.

In solidarity,

Ken Mooney
Regional Grievance Officer