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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.

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9.         In the Matter of the Grievance of the Scarborough Local - #602-92-01056

            This is a grievance brought by the Scarborough Local of C.U.P.W. alleging that Canada Post Corporation violated the Collective Agreement by implementing a new policy dated August 19, 1992 respecting the benefits to which term employees are entitled to under the Collective Agreement.  Although this matter was referred to me under the regular arbitration

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procedure, I am of the opinion that the subject matter is such that it is in the nature of a policy grievance which must be dealt with by way of formal arbitration.  In my view, this is clearly a grievance that comes within Article 9.07(b), namely a challenge by the Union against a policy promulgated by the Corporation which it alleges violates the Collective Agreement.  Accordingly, under Article 9.26(14) of the Collective Agreement, this matter must be heard through the formal procedure.

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

                                                P. JOHN BRUNNER, ARBITRATOR

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