The Union argued to Arbitrator MacPherson that regular employees of the Urban Unit as of the date of her decision should have full job security, meaning a limited radius of 40 kilometres for relocation if they are declared surplus.
Canada Post wanted to remove this protection from the collective agreement by obtaining a letter of intent granting this protection, but only until the expiry date of the collective agreement, January 31, 2022.
In addition, Canada Post asked the arbitrator to allow it not to fill vacant positions in Group 2 when a surplus is anticipated.
Job Security
The arbitrator accepted our submission regarding job security, and modified the date of clause 53.01 of the collective agreement to June 1, 2020. This means that all employees holding a regular position (part-time and full-time) as of June 1, 2020, are entitled to the 40-kilometre limit in the event of a relocation (for Toronto and Montreal, the relocation radius corresponds to the Major Area Postal Plant (MAPP) territory).
As a result, more than 6,000 additional regular employees have obtained the 40-kilometre radius protection.
If an employee obtains a regular position after that date, and has at least five (5) years of continuous service, then he or she has the same protection.
In other cases, the employee also has job security, but only if he or she accepts a position in the bargaining unit anywhere in Canada.
Vacant Positions in Group 2
Unfortunately, the Arbitrator also granted Canada Post’s request for the right not to fill vacancies in Group 2 when a surplus is expected, regardless of the group.
The number of positions that may not be filled shall not exceed the anticipated number of surplus employees minus the number of early voluntary terminations in groups other than Group 2.
These vacant positions will temporarily be staffed using the provisions of Article 17.
The Union has a right to be informed and consulted when these situations arise.
During arbitration, the Union tried to limit to six (6) months the period during which positions could remain vacant, and tried to obtain stricter rules, but to no avail.
When Canada Post implements this provision, each case will have to be closely monitored and documented.
Continuing the Fight Against Precarious Employment
Unlike Canada Post, which prefers to use temporary employees, the fight against precarious employment and the right to good regular jobs has always been and will always be a top priority for the Union.