When Canada Post seeks to change shift hours and/or days of work for employees in Group 1 (postal clerks, despatchers & mail handlers) and Group 2 (Letter Carriers & Mail Service Couriers), it must first ”meaningfully” consult with representatives of the Union and provide no less than 48 hours’ advance notice to the affected employees.
Should Canada Post fail to provide the required notice, the Collective Agreement requires that it pay the affected employees at the rate of time and one-half for all hours worked on the first scheduled shift following the change:
14.13: Alteration of Shift of an Employee in Groups 1 and 2
In the event the shift hours and/or days of work of a full-time employee or, in offices Grade 9 and up, a part-time employee, are changed by the Corporation and less than forty-eight (48) hours’ advance notice is given, all hours worked by the employee on the first scheduled shift following the change will be paid for at the rate of time and one-half (1½) the employee’s regular rate. Any return to the employee’s previous hours and/or days of work will not be considered a change subject to premium pay under this clause unless the return is delayed beyond ten (10) working days and, in such circumstances, at least forty-eight (48) hours’ advance notice is not given. The above shall not apply to any change which:
(a) is consistent with an employee’s request;
(b) is occasioned by the application of another provision of this collective agreement;
(c) involves an employee acting as a replacement where such replacement function is an integral part of that employee’s duties.
The offer made to a part-time employee to extend his or her hours of work before or after the employee’s scheduled hours of work is not an alteration of shift within the meaning of this clause.
While the Corporation’s obligations are clearly set out in Article 14.13, Canada Post often takes the position that it is not required to comply with the 48 hours’ advance notice requirement when accommodating employees who require modified duties.
Two recent arbitration decisions arising from the Richmond Delivery Center (RDC) confirm otherwise.
On June 4, 2014, Arbitrator Judi Korbin upheld a grievance filed by the Union after Canada Post failed to provide 48 hours’ advance notice of a shift change when two RDC Letter Carriers who were assigned to modified duties with different hours of work at an alternate work site. In her ruling, Arbitrator Korbin held that in such circumstances, Canada Post is obligated to provide 48 hours’ advance notice and awarded each grievor four additional hours’ pay.
Arbitrator Korbin’s ruling is a carbon copy of a previous ruling by Arbitrator Stan Lanyon. On December 10, 2013, Arbitrator Lanyon ruled in the Union’s favour after Canada Post failed to provide 48 hours’ advance notice when two RDC Letter Carriers were reassigned to modified duties with different hours of work at an alternate work facility. In his ruling, Arbitrator Lanyon noted that “any unilateral changes to the Collective Agreement by the Employer may be potential breaches of the Collective Agreement or a violation of the Human Rights Code”. In his ruling, both grievors were awarded compensation at the rate of time and one-half for the hours they worked on the shift following their reassignment.
In both cases, Canada Post unsuccessfully argued that 48 hours’ advance notice was not required because the change in shift involved an accommodation. In both cases, the Union successfully argued that partially disabled employees cannot be treated differently than other employees because of their need for accommodation. To do so would result in breach of the Canadian Human Rights Act.
In solidarity,
Ken Mooney – Regional Grievance Officer
June 6, 2014 cope 225