On July 27, 2010, former Royal City Local President Glynn Manson was reinstated to his employment as a result of an arbitration decision by Arbitrator Joan Gordon. Manson was discharged by Canada Post on April 16, 2009 on the grounds that he “incited a concerted work disruption”. Canada Post specifically alleged that his actions as a union representative “directly contributed” to an unlawful work disruption and “resulted in the delay of the IKEA mailing” by a “majority of Letter Carriers” in the New Westminster depot.

The incident in question took place on Friday, March 13, 2010, when Canada Post unilaterally compressed the delivery of an IKEA mailing from three days to a single day without agreement from the Union. The justification for the compression was attributed to Canada Post’s inability to put in place an internal distribution system that would ensure the timely apportionment of IKEA mailings to the affected depots throughout Canada. In fact, the single day compression was the second such incident within a three week period. The compression of householder mailings represents a significant increase in workload for Letter Carriers, as routes are assessed on the basis that an employee will only deliver to a percentage of his or her calls. While the Collective Agreement allows for compression in certain circumstances, compression should always be an exception to the norm rather than a repeating pattern.

On March 13, 2009, New Westminster employees were again informed that IKEA flyers would be compressed into a single day delivery. The situation quickly became inflamed, in part, because of management’s failure to properly compensate certain employees for the previously compressed IKEA mailing. Management also refused to release keys and threatened employees with discipline and/or discharge. In assessing whether Manson had actually incited a work disruption, Arbitrator Gordon considered the conflicting evidence in terms of what was said at a floor meeting that immediately preceded the departure of employees. One corporate witness (Mike Locke) went so far as to claim that Manson had announced, during the meeting, that the flyers would not be delivered. However, Arbitrator Gordon found Locke’s claim to be unfounded and accepted the Union’s evidence of what transpired:

I have preferred the evidence of the Union’s witnesses, finding their memories of material events to be somewhat clearer than, and to have more completely withstood cross-examination, than that of the Employer’s witnesses. I also found the former witnesses’ version of events to be more consistent with the preponderance of the surrounding probabilities.

While accepting that Manson did not actually tell employees not to deliver the IKEA flyers, Arbitrator Gordon nonetheless accepted that some of his remarks likely had the effect of inciting other employees. In assessing the appropriateness of discharge, Arbitrator Gordon noted the testimony of Rachel [Doug] Andrus, who made the decision to discharge:

…those were the only options within the collective agreement. I felt that the collective agreement prevented me from imposing a penalty in between the five day suspension and termination. I got counsel from the Labour Relations group and felt that the collective agreement tied my hands. They counselled me that I only had two options.

In considering the penalty of discharge, Arbitrator Gordon took into consideration several mitigating factors, including Manson’s years of service, the spontaneous nature of his comments at the floor meeting, the absence of progressive discipline, and the fact that Andrus did not bother to hold a disciplinary interview, thereby precluding the opportunity for proper consideration of the Grievor’s explanations. In the result, Arbitrator Gordon substituted a ten day suspension in place of discharge. Accordingly, Manson is now entitled to approximately fifteen (15) months of lost wages and benefits.

In solidarity,

Ken Mooney
Regional Grievance Officer

Here is a copy of Arbitrator Joan Gordon’s  30 page decision in its entirety. Please click on the link below to read the outcome.

File 990 – Canada Post Manson Dismissal Award – dated signed

Arbitrator Reinstates New Westminster Letter Carrier!

A New Westminster temporary employee has been reinstated to his employment as a result of an arbitration award dated June 28, 2010. On May 21, 2009, Kerry Stidolph was discharged from Canada Post on the grounds that he had committed “gross misconducts”. At issue were a number of parcels that he had carded rather than deliver based on his understanding that the parcels were to be delivered by a driver. From the outset, the Grievor informed Canada Post that he had made an error in judgment and had felt that the items were over-sized. Nonetheless, Canada Post pursued discharge based on the recommendation of Superintendent Norm Hebert.

At arbitration, the Corporation resorted to mud-flinging; Canada Post’s legal counsel claimed that the Grievor was cavalier, sarcastic, unreliable, dishonest and untruthful, and had deliberately chosen to delay the mail. In response, the Union argued that the Grievor was guilty of nothing more than a judgment error for which he took full responsibility.

In his award, Arbitrator Vince Ready rejected the Corporation’s arguments:

…I cannot conclude that what occurred on April 27, 2009 amounts to the kind of dishonest or intentional delay of mail that attracts immediate discharge as in the cases cited by the Employer…

In his award, Arbitrator Ready reinstated the Grievor, substituted a five day suspension in place of his discharge and retained jurisdiction over the issue of his entitlement to lost earnings during the fifty-six (56) week period of his unemployment.

Penticton Letter Carrier Reinstated after Discharge!

A Penticton Letter Carrier has been reinstated to his employment after being discharged in May 2009 on the recommendation of Supervisor Dave Brown. Ray Cartwright, a Relief Letter Carrier at Canada Post for over 20 years, was discharged following a dispute that began when Brown ordered him to sort first-class mail into a sortation case which Canada Post had failed to properly label – the addresses for the mail in question were absent from its case strips! In its letter of discharge, Canada Post claimed that the Grievor had failed to “show remorse for his defiance of a clear and direct order resulting in a deliberate delay of mail”.

This arbitration was scheduled in Penticton on February 11, 2010 (the day following the reinstatement of another Penticton Letter Carrier). In its opening representations, Canada Post’s legal counsel claimed that the Grievor had intentionally delayed the mail by not sorting or delivering it and had failed to comply with a “corporate policy” that requires employees to sort addressed mail into sortation cases even when the addresses are not identified on case strips. Each of Canada Post’s claims was categorically rejected by the Union.

After adjourning the February 11th hearing, the parties were able to settle this case in Vancouver with the assistance of Arbitrator Vince Ready. In accordance with the terms of the his reinstatement, the Grievor will receive fifty-two (52) weeks of compensation for lost wages, householder pay, missed overtime opportunities, boot and glove allowance, Corporate Team Incentive (CTI), as well as adjustments to his vacation leave and sick leave credits.

In solidarity,

Ken Mooney
Regional Grievance Officer

This summer pride events will take place in towns and cities from coast to coast.

Pride events are an opportunity to celebrate the lesbian, gay, bi-sexual and transgender communities and oppose discrimination and hate.

Pride events are for everyone –regardless of sexual orientation or gender identity. CUPW encourages all members to participate.

CUPW supports pride events and full equality for lesbian, gay, bisexual, and transgender people because:

1. The struggle to end homophobia and transphobia is part of the overall fight for dignity and respect. CUPW must ensure all members have the same rights in the workplace and in society.
2. Homophobia and transphobia weaken and divide us. We need to be united, especially as we enter a new round of bargaining for those workers covered by the Urban Operations Collective Agreement and we are still working to obtain improved rights and benefits for RSMC.
3. Homophobia and transphobia oppresses through individual acts of verbal and physical harassment and collective actions which result in invisibility, invalidation, and discrimination.
4. Homophobia hurts heterosexuals. It limits how men and women can express themselves.
5. The denial of rights to lesbian, gay, bisexual and transgender persons leads to limitations on the rights of all. Governments that oppress people on the basis of their sexual orientation or gender identity also oppress people on the basis of sex, race, ethnicity, and religious beliefs. If lesbian, gay, bisexual and transgender people can be targeted for discrimination, any other group in the society can also be targeted

Show your Pride!!

Get out and have fun!

For further info & the Vancouver 2010 Pride Parade, please check out  http://www.vancouverpride.ca/

In solidarity,

Lynn Bue
2nd National Vice-President

To: All Members of the Royal City Local

Where: Abbotsford Community Services Center

Room B101 , 2420 Montrose Avenue

Abbotsford

Time: 7:00 p.m.

Agenda: Regular Business of the Local

Elections for position of Tyler

Please see interactive map for directions

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