Category: Bulletins

As stated in our previous bulletin, we contacted Canada Post Corporation to see if they were interested in holding talks to resolve the contract arbitration which was imposed on the parties as part of last year’s back-to-work legislation. Yesterday, we met with CPC management and both sides agreed to hold discussions late next week in an attempt to settle the arbitration of the contract. It is obvious that the parties are far apart on many issues. However, the union believes it is our responsibility to make every effort possible to reach a satisfactory negotiated settlement as opposed to having a contract imposed on us.

Discussions Must Be Confidential

Unlike normal negotiations where the members are informed of various positions of the employer and the union, in this process, the parties must maintain confidentiality to protect their position in front of the arbitrator. This allows the parties to have an open discussion and ensures that the process will not undermine any positions that may be taken if we end up in Final Offer Selection.

Should these discussions fail, we will proceed with the final offer arbitration process once the Minister of Labour appoints an arbitrator.

Results Will Be Conveyed

While the positions of the parties will remain confidential, the results of the discussions will be conveyed to you as soon as we have something definitive to say. If we are able to reach an agreement with CPC, it will be subject to a referendum vote of the membership.

The struggle continues.

Some members have been asking about the implications of CPC’s new offer concerning personal decisions they may need to make, such as retirement. One example is CPC’s proposal to replace retiree benefits for a Healthcare Spending Account for all employees who retire after December 31, 2012.

Remember

The first thing to remember is that CPC’s new offer is not a contract. It may not even be the same as the “final offer” that they may submit to the arbitrator under the final offer selection process outlined in the back-to-work legislation.

There Will Be Time to Make a Decision

Under the law, both the union and the employer must submit a “final Offer” to the arbitrator which includes contractual language for all clauses in the collective agreement, including any changes they are proposing.

At that time, we will see the exact changes which are being proposed by the employer, and the dates that they are proposing the changes become effective.

After the parties submit their proposals, each party will have an opportunity to present detailed evidence and convince the arbitrator to accept their proposals. Once this period of evidence and argumentation is complete, the arbitrator will take the time required to assess the evidence and arguments, and render his or her decision.

In the past, when CPC introduced a Healthcare Spending Account for management exempt employees, the Corporation gave several months’ notice so employees could make their decision.

Retirement, a Serious Decision

Choosing your date of retirement is a very serious decision which will have financial implications for the rest of your life. Currently there is no need to rush to any decision. Members are advised to wait until we see the terms of the employer’s “final offer” which are submitted to the arbitrator. Of course, there is still an opportunity for the parties to negotiate an agreement. Remember there is no requirement to give advanced notice of your retirement date. However, providing notice does lessen the gap in time between your last pay and your first pension payment.

Keep informed of developments by reading bulletins, talking to your shop steward, participating in your local general membership meeting and going to the Union’s website www.cupw.ca.

The struggle continues.

For Immediate Release

OTTAWA – The Canadian Union of Postal Workers is welcoming the decision of a Federal Court Justice to remove the second arbitrator appointed by Minister of Labour Lisa Raitt to oversee the imposition of back-to-work legislation and a final offer selection.

“This decision shows that we have been right to oppose this flawed process,” said Denis Lemelin, CUPW National President. “The government is not getting it right.”

Guy Dufort was removed as arbitrator in a decision handed down this morning by Judge Tremblay-Lamer. Following his appointment by Minister Raitt on March 15th, Dufort sent his resumé to the union, which included details of his involvement as a high-ranking official with both the Conservative Party of Canada and as an advocate for Canada Post Corporation in its pay equity case. On learning of these details, the union asked Dufort to step down, as had his predecessor, Judge Coulter Osborne. But in April, Dufort refused to recuse himself, claiming that he had ceased all partisan activity in 2010 and that therefore the union’s apprehension of bias was not reasonable.

The union then produced links to Conservative Party groups as “activities and interests” on Dufort’s Facebook page and the fact that Dufort listed both Lisa Raitt and Steven Fletcher, the Minister of Transport responsible for Canada Post as “friends.” In May 2012, Dufort removed these links from his Facebook page but Judge Tremblay-Lamer pointed out that this would create a reasonable apprehension of bias.

The union has written to Lisa Raitt, asking that a mediator be appointed to facilitate the collective bargaining process instead of appointing another “friend” to force a winner-takes-all final offer selection on the parties as mandated by the back-to-work legislation.

“Forced settlements do not work,” said Lemelin. “We want to be proactive and obtain a fair deal for our members.”