National President requests mediation

The Honorable Lisa Raitt
Minister of Labour
House of Commons
Ottawa, ON K1A 0A6

RE: Restoring Mail Delivery for Canadians Act, S.C. 2011, c. 17 – Application for Mediation

Dear Minister Raitt:

We have just received Justice Tremblay-Lamer’s decision disqualifying Arbitrator Guy Dufort. We believe the next step in this matter should be the intervention of a federal mediator. Please consider this our official request for mediation.

Sincerely yours,

Denis Lemelin
National President
Chief Negotiator, Urban Postal Operations Unit

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Arbitrator Dufort ordered to recuse himself.

A summary of the decision issued today by Judge Danièle Tremblay-Lamer of the Federal Court:

A decision was issued today by the Honourable Danièle Tremblay-Lamer of the Federal Court in file T-831-12:

IN THE MATTER OF UNION OF POSTAL WORKERS v. CANADA POST CORPORATION et al

Summary: This is an application for judicial review by the Union of Postal Workers (the “Union”) against the decisions of the arbitrator of final offers, Mr. Guy Dufort, not to recuse himself on grounds of a reasonable apprehension of bias.

Mr. Dufort was appointed by the Minister of Labour under the Restoring Mail Delivery for Canadians Act, which was passed due to the labour dispute between Canada Post Corporation (“Canada Post”) and the Union. After his appointment, Mr. Dufort informed the parties that he had been a prosecutor for Canada Post during the pay equity dispute from 1998 to 2003 and that he had been involved with the Conservative Party of Canada until 2010. The Union requested the arbitrator’s recusal on those grounds.

In light of the unique context of labour relations and the special Law, the Court concludes that a reasonable and sensible person might worry that the arbitrator is biased because of these two reasons.

The Court allows the judicial review, orders the arbitrator, Mr. Dufort, to recuse himself, and orders the Minister to appoint a new arbitrator.

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The Reasons for Judgment are available only in French. The production of the Reasons for Judgment in both official languages would create a delay, unacceptable in the circumstances, as well as a prejudice to the parties implicated in the file. A summary of the conclusions is available in English. A certified translation will be issued as soon as possible.

A copy of the decision can be obtained via the Web site of the Federal Court: http://casncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index

                                             ****

Andrew Baumberg
Media Contact / Liaison avec les Médias
Federal Court / Cour fédérale
Tel. / Tél. : (613) 947-3177

ROUTE OVER ASSESMENT PAY RECOVERY

ROUTE OVER ASSESMENT PAY RECOVERY
A Letter from National

ROUTE ASSESSMENTS IN THE SAP & GEOROUTE

Dear Sisters, Brothers,

This is further to the national consultation meeting held on July 4, 2012. During that meeting, the Corporation alleged that discrepancies between route assessments in the SAP and GeoRoute led to mistakes in the payments for over-assessed routes provided for under the collective agreement. According to the Corporation, the problem lasted from March 2010 to December 2011.

The Corporation advised us of its intent to pay the amount owed to employees on the paycheque of August 2, 2012. As for recovering overpayments, we asked the Corporation to abstain from recovering any amount from the affected employees. If, nevertheless, the Corporation decides to go ahead and recover the overpayments, it must do so while respecting the collective agreement, more particularly clause 35.06.

The Corporation provided the Union with a list of affected routes, as well as a list of employees with the amounts the Corporation intends to pay or recover. These lists will be sent to National Directors by e-mail.

Needless to say, this situation is deplorable and detrimental to employees for many reasons, including, but not limited to, the following:

• Negative tax consequences for 2010, 2011 and 2012.
• Considerable amounts to be recovered (up to $3,784.72).
• Failure to create full-time positions for 47 part-time routes assessed at more than 360 minutes.
• Hours worked by temporary employees to fill regular positions.

If this situation results in violations of the collective agreement, you should file a grievance.

In Solidarity,

Nicolas Presne
National Union Representative

 

The Vancouver local is awaiting direction from the National office. Be prepared to grieve. Retain all supporting documentation (letters of notice, pay statements, etc.).

Solidarity

Urban Negotiations: CUPW Studies CPC’s New Offer

August 1, 2012                            Bulletin No. 100

Urban Negotiations: CUPW Studies CPC’s New Offer

Today the Urban Operations Negotiations Committee met to examine the unexpected offer that was recently presented to the Union by Canada Post Corporation.

New Demands

The new offer includes many demands which were no longer outstanding in June 2011; and also includes several demands that were never raised by management during the nine months of negotiations during 2010-2011.

Some of the new demands from Canada Post include:

  • Reduced job security.
  • Elimination of the wash-up periods.
  • Reduced early retirement provisions for current employees.
  • Elimination of the protection of 493 retail counters.
  • Elimination of the protections against contracting out of VES work.

Unclear Demands

There are also many aspects of the Employers proposal which are not clear.

Some of the unclear proposals from Canada Post include:

  • The impact of the pension changes on current employees.
  • The COLA formula.
  • Impact of the elimination of the wash-up period for all employees.
  • Impact of the elimination of the paid meal period for new employees.
  • The impact of the new wage scale on temporary workers.
  • The meaning of “a new post-retirement health care plan” for retirees.
  • The meaning of “minor housekeeping changes” to retiree benefits.
  • The changes being proposed to Appendix V(1) and CC to include time certainty.
  • The changes being proposed to the work rules of Groups 3 and 4.
  • The changes being proposed to the arbitrators list.

Union Seeking Clarification

Prior to responding to CPC, the Union is seeking clarification on these and other issues which are unclear in the employer’s proposal.

Benefit Concessions Won’t Generate Mail Volumes

While we are waiting for the employer to reply to our questions it is important to consider that lower labour costs will do nothing to generate new revenues for Canada Post or add new letter volumes into the mail stream. CPC should follow the lead of other postal administrations and look to expansion, innovation, and the introduction of new revenue generating services. It does not take skill or imagination to demand rollbacks and concessions. CPC has tremendous assets which include the largest fleet of vehicles in the country, the most extensive retail network and daily delivery to households and businesses in every community.

We need a management that will utilize these assets to build a secure future for the public postal service and its workers.

In Solidarity,

Denis Lemelin

National President and Chief Negotiator

 

2011-2015 – Bulletin No. 69

Pride 2012

COME ON DOWN TO SHOW YOUR SUPPORT!

We will be marching with the CUPW banner as part of the multi-union contingent.

Marshal on Thurlow between Barclay and Haro streets at the front of section C.

Be there around 11 a.m. showing all your colors, dressed up and ready to have fun and show your PRIDE!

International Solidarity: APWU

On June 25, 2012, a group of American postal workers and allies began a hunger strike to protest a 2006 Congressional mandate to prefund retirement benefits for postal workers 75 years in advance.

This mandate is considered by many to be the main reason the USPS is having the financial difficulties that are behind the looming service cut backs and closures across America.

On June 28, 2012, the Vancouver local wrote to the American Postal Workers Union (APWU) expressing support for their struggle. The local received the following reply:

Mr. Robert Mulvin
President – CUPW Local 846
4530 Dawson Street
Burnaby,.BC V5C 4Cl
Canada

Dear Brother Mulvin:

Thank you for your kind words of support for the struggle of American postal workers. We are fighting for the survival of a great public institution that serves all of our citizens – rich or poor, urban or rural. A congressionally-manufactured crisis threatens the Postal Service and hundreds of thousands of stable, middle-class, union jobs.

We appreciate your support, and support Canadian postal workers in your struggle for a fair contract and pay equity.

Thank you,

In solidarity,
Cliff Guffey
President

BY-ELECTION:Recording Secretary/By-laws Chair Aug 2012

BY-ELECTION
Recording Secretary/By-laws Chair

The above position is vacant, and now open for election.

6.9 The Recording Secretary/By-Laws Chair:

6.9 A Shall be an elected officer and voting member of the Executive Committee.
6.9 B Shall take the minutes of all Executive Committee, General Membership and Special Meetings of the Local.
6.9 C Shall be the Chair of the By-laws Committee.

9.3D Candidates must be a member in good standing and must have attended at least three General Membership Meetings in the twelve (12) months prior to and inclusive of the close of nominations. Subject to Article 9.10A.

Interim election procedures apply. Nominations in writing, with written acceptance, may be sent to the Union Hall prior to the August GMM. Nominations may also be made at the Thursday, August 23, 2012 GMM.
The election will be held:

Thursday, August 23, 2012 at 7:00 p.m.
at the Banquet Hall (beside our offices)

The election will take place as part of the normal order of business during the August Membership Meeting as per Article 9.7A of the Local Bylaws.

** Note: You must be a member in good standing to vote.

In Solidarity,

Andy Henderson
Secretary-Treasurer