Negotiations Bulletin no. 53
CUPW has served the 72-hour strike notice required under the Canada Labour Code. Canada Post’s response was to inform CUPW that the terms and conditions have changed for Urban Operations members. According to CPC the Urban Operations Collective Agreement will no longer be in full force and effect, and therefore members including temporary workers, will be covered by the Canada Labour Code. We have notified CPC that we disagree with their position and believe the collective agreement continues to apply. However members should know their rights under the Code.
The Canada Labour Code contains the following rights:
Hours of Work: The definition of a work day and work week is the same as the collective agreement 8 hours a day and 40 hours per week. Hours worked in excess of 40 hours per week shall be paid at a rate of not less than one and one-half times the regular rate of pay. No employee shall be required to work more than 48 hours per week.
Days of Rest: The Canada Labour Code provides for at least one full day of rest per week.
Dismissal/ Termination of Employment: CPC can terminate you for just cause, without notice. If this happens you will need to file a grievance and talk with your Local union representative about other options. One of these options is to file a complaint to Labour Canada under Section 240 of the Canada Labour Code for unjust dismissal. Your Local will assist you with the filing of a complaint.
Sick Leave: The Canada Labour Code provides protection against dismissal, lay-off or suspension because of an absence due to illness or injury. You are protected for absences not exceeding 12 weeks. The Employer will require you to provide a medical certificate after you have returned to work.
Layoffs: Under the Canada Labour Code you could be laid off due to lack of work. If this happens, please contact a member of your Local Executive who will contact strike headquarters immediately.
Sexual Harassment: It is prohibited under the Canada Labour Code. Other forms of discrimination are prohibited by the Canadian Human Rights Act.
Health and Safety: You have the right to know about known or foreseeable hazards in the work place and to be provided with the information, instruction, training and supervision necessary to protect your health and safety.
Right to refuse: You have the right to refuse dangerous work if you have reasonable cause to believe that the use or operation of a machine or thing presents a danger to you or a co-worker; or that a condition exists at work that presents a danger to him or herself. In order to be protected by the Code when exercising this right, you must follow the proper procedure. Please talk to your shop steward or health and safety representative about the procedure.
Reporting pay: The employer shall pay a minimum of 3 hours of regular pay to any employee reporting to work, at the request of the employer, even if there is no work to perform.
Statutory holidays: Employees are entitled to 9 paid statutory holidays per year; the next statutory holiday will be Canada Day.
Bereavement leave: When a member of your immediate family dies, you are entitled to paid leave for any scheduled working day that falls within the three-day period immediately following the day when the death occurred.
Maternity Leave: You are entitled to up to 17 weeks of maternity leave if you have completed six consecutive months of continuous employment. You can take this leave any time during the period that begins 11 weeks before the expected date of delivery and ends 17 weeks after the actual delivery date.
Parental leave: Up to 37 weeks that can be shared between parents.
Compassionate care leave: Up to 8 weeks.
CUPW is advising all Urban Operations bargaining unit members to continue to file grievances for violations of the Collective Agreement as if it were in effect.
The RSMC Collective Agreement will continue to be in full force and effect.
It is important that we understand our rights under the Canada Labour Code. If there is something that you are unsure of, contact your local union.
As the employer provokes members on the work floor, it is essential that we stand together and exhibit discipline. Don’t take the employer’s “bait”.
