LOCAL 846
As a result of a collective bargaining impasse, the UPCE (Union of Postal Communications Workers) has issued a seventy-two (72) hour strike notice to Canada Post. The UPCE will be in a legal position to strike as of Monday, November 17, 2008.
Continue reading “UPCE Picket Lines and the Right of Refusal”
The Verdict Is In!
VMPP Parcel Hub Extended Hours Grievance Resolved $13,000.00
During the period of July 2006 to Oct 2006, a dispute between the part-time PO4 employees in the Parcel Hub and the Canada Post Supervisory staff at the VMPP arose because extended hours were not being offered to the Parcel Hub part-timers on an equitable basis, as per the Collective Agreement. Since these employees were available to work the extension of hours, a grievance was filed alleging an extension of hours bypass. On September 2, 2008 Canada Post agreed to resolve the grievance by compensating the affected employees for the missed extension of hour’s opportunities. As a result, fifteen employees will be sharing a settlement of $13,000.00. If you are bypassed, you are entitled to be paid for the amount you would have received if you had worked the extension of hours. And, management knows this . . .
Emergency Suspension Issued To PO4 for Invoking His Right to Refuse
A PO4 who works on the A/O belt at the VPDC found himself on the receiving end of an emergency suspension late last year. On November 15, 2007, the grievor was working on the west side of the A/O belt when a Canada Post Supervisor approached him with a “binnie” and asked him to pick up the AO’s from the floor and put them into the binnie. The grievor attempted to inform the Supervisor that the work he was being directed to do was a safety hazard for him, and that he was invoking his right to refuse unsafe work. The Supervisor answered this refusal to do unsafe work with an Emergency suspension, a grievance was filed.
At an arbitration hearing on September 17, 2008, Arbitrator McPhillips found that the grievor had established that he honestly believed that his physical well being might have been endangered had he attempted to bend and lift all the parcels off the floor. He also found that the Grievor’s reasons were not frivolous and dishonest which is what is required under Article 33.13 (e). The Arbitrator also determined that the Corporation did not comply with the requirements of Article 33.13 (d) that it “ensure that the necessary investigation, inspections and analyses of the situation giving rise to the refusal t work are conducted.”
Arbitrator McPhillips states, “the right to refuse unsafe work is a critical one and Article 33.13 of this Collective Agreement strongly supports that proposition. It is incumbent upon a supervisor to ensure that there are absolutely no concerns before insisting an employee perform the work.”
Accordingly, Arbitrator McPhillips sustained the Union’s grievance, and this member will be compensated for the 6 ½ hours of his suspension and all references to this incident should be removed from his file.
South Burnaby Overtime Bypass Resolved
During the month of December 2006, part time letter carriers from South Burnaby were skipped for overtime when Canada Post forced compulsory overtime. This Scrooge approach did not deter one of the part timers from filing a grievance. On September 11, 2008, Canada Post agreed to compensate the identified employees in the amount of $990.00.
Business Edge A Little Over the Edge
Canada Post attempted to slip the monthly mailing of the Business Edge by the letter carriers in the Vancouver Local, hoping that no one would notice that its dimensions did not conform to Chart B in Appendix D. An astute inside assistant at Station F notified the Union Hall, along with other carriers throughout the local, and a grievance was filed. The parties agreed on September 9, 2008 that all employees who were required to deliver the Business Edge on their routes would be compensated at eight cents per piece, instead of the three (3) cents that they tried to edge by our members.
Special Leave Grievance Settled
On July 15, 2007 a PO4 working on graveyard shift at the VMPP was informed that her husband had been admitted into hospital requiring potential life threatening emergency surgery. She notified her supervisor that she would be required to administer medical assistance to her husband at home for the period of July 18 and July 19, 2007. Canada Post believed that due to an ongoing medical concern, she would only receive one of the two days requested, so this member filed a grievance. This case was scheduled for Arbitration on September 17, 2008, however, the Union was successful in convincing management to grant the second day of special leave as requested, so the file was settled on that basis. Article 21 – Special Leave – has not changed under the new Collective Agreement. It states:
Where conditions warrant it, special leave with pay may be granted where circumstances not directly attributable to the employee, including but not limited to illness in the immediate family, prevent his or her reporting for duty. Such leave shall not be unreasonably withheld.
Although management does not like to offer or grant special leave, we have the right to apply for it when for reasons beyond our control, we are unable to come to work. If you have any questions or concerns about special leave, speak to your shop steward.
One Day Suspension for Being Eight Minutes Late
On December 3, 2007 a wicket clerk received a letter informing her that she would be receiving a one day suspension without pay for allegedly overextending her coffee break. The suspension was grieved, and heard at arbitration on October 6, 2008.
At the arbitration hearing, the Union successfully argued that the grievor genuinely thought that she had returned from her break in time. Arbitrator Blasina weighed the evidence presented and applied the principles of William Scott in coming to his decision. In his award of October 22, 2008, Arbitrator Blasina ruled that the one day suspension was excessive, and the grievor was to be made whole for her lost wages. In imposing discipline on our members, Canada Post bears the burden of establishing to an Arbitrator that the discipline is warranted. Often, Canada Post operates on the assumptions that later on down the road fail to stand up to close scrutiny.
Exercising Your Right To Refuse
When faced with a potential hazard, Canada Post employees may exercise their right to refuse to perform duties under either the Canada Labour Code, or under the provisions of the Collective Agreement. An employee may not choose both options, but it is his/her discretion to decide which option is to be exercise. An employee is obligated to disclose to his/her supervisor which option is being exercised, and once made, the decision is binding.
Clause 33.13 of the current Collective Agreement deals with the right to refuse. If an employee believes that his/her safety is at risk, he/she may exercise his/her right to refuse under the Collective Agreement.
Either of the above options provides us with significant protection from hazardous situations, but the right to refuse must be exercised if it is to be an effective measure.
There are many examples of potential dangers that Postal Workers face on a day to day basis. For instance, a situation arose out a VPDC when a member was directed to pick up a number of parcels from the work floor. The member was unable to do so, and informed his supervisor of his concern with the order and exercised his right to refuse, subsequently his case was taken to arbitration and he was reimbursed for his lost wages stemming from the emergency suspension.
There maybe an instance were you may experience picket lines when delivering the mail. It is important to know your rights if you encounter a picket line in the performance of your duties. The first and most important rule to remember is that you never put your health and safety at risk. As an employee, you are not required to do anything in the course of your employment with Canada Post that would jeopardize your health and safety.
The potential hazard of each case will vary depending on the individual circumstances, but it is the reasonable perception of a potential danger that forms the basis of a right to refuse.
Citywide Overtime Group 2 – Sign Up!
This is the season when already overburdened Letter Carriers are sometimes stuck doing overtime on their own routes. Appendix “LL” addresses Overtime On Own Route, but does not include December. As Temporary Letter Carriers are being layed-off, we can expect huge gaps in staffing. And more overtime!
The citywide volunteer list for extended hours and/or overtime is administered by the Staffing Office. To be on the list, you should fill out a request on a general application form and submit it to staffing, through your supervisor. The form is available on the Local’s website cupw-vancouver.org. Keep a copy for yourself. Before forcing letter carriers to work compulsory overtime, supervisory staff are required to go to the citywide list.
You Are Deleted!
On October 24, 2008 Canada Post and CUPW had a meeting after Canada Post had invited the Union to meet for a meaningful consultation with regards to the Schedule of Work in all Group 1 section Retail & Delivery in Vancouver.
In the Union’s opinion, it was not meaningful in any manner. It was a meeting where the Union was told of the Corporation’s imminent plans to delete the four (4) South Vancouver Delivery Centre’s PO-4 Depot Processing Clerks’ positions. On top of that news, Canada Post also informed the Union of their plans to delete a Registration Relief PO-4 position in Retail & Deliver, which would result in triggering a section bid for those Preferred Assignments.
The Corporation prefaced their intent under the language of Article 14.10 – Schedules of Work for Group 1. As with most plans that originate from Canada Post, there was not a lot of thought put into what implications of their plans might be with respect to the Collective Agreement. The Union raised many objections and pointed out that with these proposed deletions, they are in essence deleting positions that have people attached to them.
The Union has asserted that what the Corporation is attempting to do is in direct violation of Article 6.05 of the Collective Agreement, which requires the Corporation to advise the Union in writing at the National and Local level at least ninety (90) calendar days in advance to any changes. The Union believes that the deletion of the SVDC depot processing section is not what is thought of as a schedule change as per 14.10.
In addition to this proposal, Canada Post in their infinite wisdom has a notion that they can create a PO-4 Relief Section, which was referred to as the “Relief Pool”. This relief section would be comprised of all the left over PO-4’s who would ultimately be displaced of a position via multiple section bids. To add to the confusion, Canada Post’s idea involved utilizing this PO4 “Relief Pool”, to float in and out of Preferred Assignment positions and Depot Processing positions, of course only in a relief capacity and in total disregard for the Collective Agreement.
Canada Post then suggested to CUPW, that upon retirement of employees in the various sections in Retail and Delivery in Vancouver, they would then “Attrit” the relief pool; in other words, the pool would dry up.
The Union objects to this “schedule change” and the proposed “Relief Pool” concept. We reminded management that they too have an obligation under the Collective Agreement, and that it is a mutually agreed to contract. To spell it out more clearly, you agreed to follow the rules.
The Union is hopeful that the parties will be able to meet again and engage in meaningful consultation, after the Corporation has some time to consider the ramifications of their proposed “schedule change”. We will keep you informed as matters progress, at present we are anticipating that the circumstances may result in the Union filing grievances.
Manulife Quandery?
Employees are finding no relief from their contact with Manulife. If Manulife phones you at home to discuss your private medical information, ask the person who phoned you at home and invaded your privacy to put there concerns in writing so that you can take them to your doctor.
You are entitled to Union representation when a representative of Canada Post – in this instance, a Manulife case worker – phones you at home. It is no different than being at work; in fact, it feels like a supervisor importuning you for being injured or sick.
Parcel Belt Rotation
When you find yourself a little worn down, the possibility of an injury is looming. For instance, if you’re working the parcel belt, stick to your rotation. Work safely and utilize the Hazard Reports to make Canada Post aware of the potential hazard issues and safety concerns. Seek out a shop steward to assist you in this and if necessary to file a grievance.
CUPW supports the UPCE workers who have been given a strong mandate in a strike vote which is now complete, with 88% of their membership voting in favour of a strike.
The Union of Postal and Communications Employees (UPCE) are a component of the 165,000 member Public Service Alliance of Canada (PSAC).
The UPCE negotiators are waiting for Canada Post to return to the bargaining table. Any strike action that is taken may affect CUPW Members if pickets go up at either of the Plants.
You will find updates to their negotiations posted here: www.psac.com
Robert R. Mulvin
President
What we are hearing this year is a reference to a “Neutral Head Count”. It sounds like a new corporate mantra, and one that doesn’t say anything but makes workers feel like they are only numbers.
CUPW Vancouver President, Robert Mulvin, was a guest on the CFRO program “Union Made” October 22, 2008.
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The MSC restructure and master bid is now completed and set to implement on
Our thanks go out to Tom Quan for his hard work as Union Observer and also to Reinholdt Dundas for his assistance during the restructure.
The end result was the creation of five full-time positions and a reduction of seven part-time positions. This result, while by no means exceptional, does represent a small overall gain – a welcome reversal to a negative trend in Group 2.
Management has informally told us that they intend to look at a complete restructure of the HVO schedules “some time in the new year”. Hints have also been made about “looking at changes to VPDC schedules”. There has been no proper notice or consultation on either.
Continue reading “MSC Restructure – Where do we go from here?”