Posted on by CUPW Vancouver

VMPP Evacuation Dispute settled by Consent Award

VMPP Evacuation Dispute settled by Consent Award

On August 14, 2008, the parties signed a Consent Award that resolved the issues arising from a bomb scare that took place at the Vancouver Mail Processing Plant (VMPP) on November 19, 2007. The grievance was filed to address several unresolved disputes regarding the manner in which Canada Post handled the bomb investigation and the subsequent evacuation.

The facts of this case are as follows: Shortly before 10 p.m. on the evening of November 19, 2007, a suspicious parcel was identified on the second floor of the VMPP; the parcel was evidently ticking and vibrating. After being brought to the attention of a second floor supervisor, a Health and Safety officer was contacted and a decision was made to evacuate the second floor. Employees in that work area were ushered to the first floor and a police emergency response team was summoned. After being led to the first floor, first and second floor employees were then evacuated on to West Georgia Street. Within minutes, a number of emergency response vehicles arrived, including the police, fire and bomb squad. All traffic was blocked from entering Homer Street.

During this same period, employees on the third, fourth, and fifth floors continued working because they were unaware of the evacuation. However, certain fourth floor employees quickly became aware of the evacuation from security staff and co-workers. These employees approached their superintendent and asked if the lower floors had in fact been evacuated. In response, they were ordered to return to work. They were also told that anyone who attempted to leave the floor would be disciplined. No information was disclosed regarding the suspicious parcel or of the pending bomb investigation. After ordering employees to return to work, supervisors positioned themselves in front of each exit and physically blocked access to exit stairwells.

Several employees informed their supervisors that they had concerns for their safety and exercised their right of refusal. Management responded by giving each of these employees a direct order to return to work. Instead, the employees left the building.

Canada Post supervisors continued to block fourth floor exit stairwells and withhold disclosure of the pending bomb investigation until approximately 11 p.m. On or about that time, employees were finally instructed to leave the building. Management, however, neglected to instruct employees on the third floor and the fifth floor VES Unit that an evacuation was in process. Those employees continued working and learned of the evacuation from their co-workers. Certain deaf and hard of hearing employees were not informed that a bomb investigation was in progress or of the evacuation. At least one ‘buddy’ in attendance at work on November 19th was not accessible during the time the evacuation commenced.

To resolve its concerns with the handling of this affair, the Union scheduled a meeting with Marie Robinson and other VMPP management staff. During that meeting, the Union outlined its concerns regarding the handling of the evacuation but within hours of the meeting management responded in bad faith by issuing interview notices to the employees who exercised their right of refusal. Those employees had letters placed on their personal files.

As a result of the ongoing dispute, a subsequent meeting was scheduled with a representative of Human Resources and Skills Development Canada (Labour Canada). During that meeting, which was again attended by VMPP Director Marie Robinson, Canada Post was informed that those employees who had exercised their right of refusal had the right to do so under the circumstances, even in the face of a direct order from supervisory staff. Despite that direction, Canada Post refused to remove the letters that were placed on those employees’ personal files.

In order to deal with the unresolved disputes, a grievance was filed, citing numerous infractions of the Collective Agreement and the Canada Labour Code. In its statement of grievance, the Union pointed to the following violations:

  • After evacuating employees on the second floor, Canada Post waited nearly forty-five (45) minutes before informing employees on the other floors that a bomb investigation was in progress;
  • Canada Post failed to evacuate employees on the third, fourth and fifth floors at a time when it was aware of its concerns with the parcel under investigation;
  • Canada Post failed to properly inform employees and their Union representative of a situation that might have endangered their health and safety, as soon as it learned of the situation;
  • Canada Post failed to notify deaf employees that a bomb investigation was in progress; Canada Post failed to inform deaf and hard of hearing employees when the VMPP was finally evacuated;
  • For a period of approximately thirty (30) minutes, Canada Post supervisors physically blocked fourth floor exits, ordered employees to return to work, and threatened employees who chose to exercise their right of refusal;
  • Canada Post improperly allowed or directed employees to continue working despite the fact that some employees had exercised their right of refusal; and
  • Canada Post failed to allow a Union representative to participate in the investigation surrounding the circumstances preceding the evacuations that a bomb investigation was in progress.

Canada Post’s handling of the November 19th evacuation would not be out of place in a third world sweat shop. As a Crown Corporation, Canada Post has an obligation to comply with the laws and regulations that were designed to set Canada apart from third world countries. Unfortunately, there are many similarities between the November 19th evacuation and the incident that took place February 1, 2006, when VMPP supervisors put employees at risk by failing to activate the fire alarm despite being aware of a fire (the Corporation’s response to the VMPP fire was the subject of a Consent Award dated March 7, 2008). Although in this case the police bomb squad ultimately determined that the suspicious parcel was not a bomb, the obligations spelled out in the Canada Labour Code and Collective Agreement do not allow post office supervisors the discretion of choosing compliance, regardless of their concerns regarding productivity.

Despite the rhetoric contained in Performance Magazine, or the bevy of glossy corporate posters and pamphlets, Canada Post’s actions in this case once again spoke louder than words.

  • As a resolution to the Union’s grievance, Canada Post acknowledged the following:
  • Canada Post agrees to remove the letters that were placed on the personal files of those employees who exercised their right of refusal;
  • Canada Post agrees that it did not properly respond to the circumstances of the evacuation, as set out by the Union in its grievance statement; and
  • The parties subsequently brought forward these issues to the LJOSH Committee for its review and recommendations.

The August 14, 2008 Consent Award, as well as the previous Consent Award dated March 7, 2008, may be viewed in full text on the Pacific Region website at www.cupwpacific.org.

In Solidarity,

Ken Mooney
Grievance Officer
CUPW Pacific Region