THE UNION WINS AN INJUNCTION!
As you know, Canada Post had issued a directive prohibiting employees from wearing the button “Your PUBLIC postal service delivers … for now” and was about to prohibit the “Peace, joy and universal public postal service” button for the December 4th, 2008 Day of Action.
On December 3, the Union asked a national arbitrator to issue an interim order demanding that the employer stop imposing disciplinary sanctions on members who wear the button and rescind its directive prohibiting the button described above.
On December 5, 2008, the national arbitrator rendered a decision ordering the employer to stop prohibiting bargaining unit employees from wearing buttons or stickers and to stop imposing disciplinary sanctions on workers who wear them.
This means that members have the right to refuse a direct order from the employer to remove their button without fear of reprisal.
The interim order appears below:
Decision
Considering clauses 5.01 and 9.87 and following of the collective agreement;
Considering that there is prima facie evidence of a violation of clause 5.01 of the
collective agreement;
Considering the urgent nature of the situation;
Considering that the balance of convenience favours the issuance of an order;
Considering that, without such an order, the consequences of the violation of the collective agreement could not subsequently be remedied or properly compensated;
Considering that there exists no other useful recourse;The Court allows the Union’s request and orders that the Corporation and its representatives stop prohibiting employees in the bargaining unit from wearing the buttons or stickers described above, and stop imposing disciplinary sanctions on the employees who wear them.
This order shall remain in effect for a period of twenty (20) calendar days and may be renewed in accordance with clause 9.95 of the collective agreement.
The Court refers the hearing on the merits of the grievance to the arbitrator who, among the others on the national list, will be able to hear the parties as quickly as possible.
Saint-Jean-sur-Richelieu
December 5, 2008
Claude Lauzon, Arbitrator
The struggle continues.
In Solidarity,
Philippe Arbour
National Grievance Officer rg/sepb 225