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IN THE MATTER OF AN ARBITRATION

HEARINGS HELD AT TORONTO, ONTARIO,

ON JULY 7 AND 13, 1993

BETWEEN:

CANADA POST CORPORATION

                                                                                                                                    Corporation

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CANADIAN UNION OF POSTAL WORKERS

                                                                                                                                    Union

AND IN THE MATTER OF A SERIES OF GRIEVANCES UNDER THE

REGULAR ARBITRATION PROCEDURE

ARBITRATOR

P. JOHN BRUNNER

APPEARANCES

FOR THE CORPORATION                                                 PAUL MULVIHILL,

                                                                                                ROBERT GORDICA

FOR THE UNION                                                                  JOE LESPERANCE

                                                                                                LEON BOUVIER

AWARD

            Pursuant to Article 9.32(5) of the collective agreement, I conducted hearings at the City of Toronto, Ontario, on July 7 and 13, 1993, in order to hear and determine a series of grievances under the regular arbitration procedure.

            At the conclusion of the argument on each grievance, I delivered oral reasons, giving a brief resume as required by Article 9.32(5)(r) of the collective agreement.  I now hereby confirm my conclusions.

3.         In the Matter of the Grievance of D. Boughner - #602-92-00997

            This is a grievance by Darrell Boughner alleging that the Corporation violated Articles 51.03 and 15.04 of the Collective Agreement when on December 8, 1992 one Wayne McNaughton, a relief mail service courier assigned to the Willowdale station, was directed to perform work as a letter carrier on Walk #29 at the Ajax Postal Facility.  It would appear that a letter carrier was absent on that day and one was required in order to perform the duties on Walk #29. Articles 51.03 provides that where work is not available in the selective mail service courier's assignment, the mail service courier will be required to perform other available duties in the mail courier service function.  It is clear to me that McNaughton should have been retained at the Willowdale station and required to perform other available duties and that he ought not to have been assigned to perform letter carrier functions at the Ajax station.  Accordingly, I would grant a declaration of violation of Articles 51.03.

The second aspect of the grievance is that when it was discovered that

McNaughton was a relief mail service courier and only worked part-time, the Corporation decided to canvas the employees at the station to see who wanted to work overtime.  Three employees were selected but without following the equal opportunity list as prescribed by Article 15.04 of the

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Collective Agreement.  In my view, it was incumbent upon the Corporation to equalize opportunity in these circumstances and assign employees on the equal opportunity list unless other arrangements were made under Article 15.20 of the Collective Agreement which was not done. in the event, three employees were deprived of overtime opportunities and in accordance with Article 15.18, when an employee is bypassed in the administration of equal opportunity, I order that the three employees who should have been assigned the overtime work must be paid an amount equivalent to what they would have earned had they been properly selected to work overtime.

            DATED AT TORONTO this 13, day of July, 1993.

                                                P. JOHN BRUNNER, ARBITRATOR

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