Judge Dismisses Canada Post’s Application to Quash Award
In March 2008, Canada Post issued a National Labour Relations Bulletin that instructed Operations supervisors to disregard seniority rights when forcing Letter Carriers to work compulsory overtime. The application of that directive resulted in senior Letter Carriers being denied their right to select their assignments when forced to work compulsory overtime. In response to that directive, the Union filed National Policy Grievance N00-07-00010.
On February 13, 2009, Arbitrator Guy Dulude sustained the Union’s grievance and ruled that Canada Post was in violation of the Collective Agreement because its directive “denied Group 2 employees who have to work overtime pursuant to paragraph 17.04 (e) and clause 15.14 their priority right of seniority for selecting provisions of routes as established in 17.04 (e)”.
Arbitrator Dulude’s ruling reaffirmed that Group 2 assignments must be offered by seniority, whether on a compulsory or voluntary basis.
In keeping with its practice of appealing arbitration rulings that have favoured the Union, Canada Post applied for review to the Quebec Superior Court, requesting that Arbitrator Dulude’s award be quashed because his interpretation of the Collective Agreement was unreasonable.
In light of Canada Post’s claims, it is of interest to note that the language of Article 17.04 (e) is quite clear on its face:
Allocations of overtime to all employees are subject to the provisions of Article 11…
On March 30, 2010, the Court rejected Canada Post’s application for review. The Court held that Arbitrator Dulude’s interpretation of the Collective Agreement was reasonable and properly within his jurisdiction: “The decision was reasonable based on the wording of the collective agreement which the Arbitrator refrains from amending”.
As a result, Canada Post must allow Letter Carriers (and Mail Service Couriers) the right to use their seniority in selecting their assignments when forced to work compulsory overtime.
Moya Greene’s Reign Ends with Appointment as CEO of Royal Post
On Thursday, May 27, 2010, the BBC announced that Moya Greene has been appointed as CEO of England’s Royal Post. Thus, Moya Greene’s five year reign at Canada Post has come to an end.
While right-wing media pundits have applauded Greene’s performance as Canada Post’s CEO, Greene will walk away from Canada Post at a time when her Modern Post regime accumulated over 30,000 grievances.
As Canada’s highest paid federal civil servant, Ms Greene will be remembered by many as an individual who personally prospered by the payment of a 33% performance bonus at a time when Canada Post employees were told to “tighten their belts”.
The Moya Greene era will also be remembered for escalating injury rates, short-staffing, overburdening, martial law, dysfunctional labour relations, sick leave cutbacks, and the unprecedented harassment of the sick and injured, via the Manulife Disability Management program.
Greene’s appointment as CEO of the Royal Post coincides with Queen Elizabeth’s May 25th announcement of the British government’s plans to privatize 49% of its postal operations. Greene, whose track record is associated with privatization, was clearly appointed with that goal in mind.
Naturally, Ms Greene’s appointment will come with an upgraded salary package. Her predecessor, Adam Crozier, reportedly earned ₤995,000 per year. While Greene’s remuneration package has yet to be announced, there can be no doubt that Canada’s highest paid federal civil servant would not resign from her current post unless it involved greener pastures.
According to reports, Ms Greene will remain as CEO of Canada Post until mid-July. Her temporary replacement has not yet been announced.
In solidarity,
Ken Mooney
Regional Grievance Officer