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.
- In such a case, a supervisor and a Union Representative must be informed without delay, and the employee making the complaint is entitled to be present during the investigation. An employee exercising the right will not suffer any lost wages, and will not be required to perform the duties giving rise to the complaint until an investigation has been completed.
- However, an employee may be assigned to perform other duties, providing that the reassignment does not jeopardize hi/her health and safety. Under 33.13, Canada Post may not assign any other employee to work in the area that is the subject of the complaint until the investigation is completed. This is a distinct improvement from the Canada Labour Code, which provides only that an employee be informed that he/she is being assigned to duties which are subject to an investigation.
- Postal Workers take note that an employee may not be disciplined for exercising his/her right to refuse, unless it can be established that an employee, for frivolous reasons, has sought to dishonestly take advantage of this clause.
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.