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