|
|
|
CUPW 2011
Links to CPC Householder Values and Walks by
FSA
|
IN THE MATTER OF AN ARBITRATION
HEARINGS HELD AT TORONTO, ONTARIO, ON AUGUST 19, 1993
BETWEEN:
CANADA POST CORPORATION
Corporation
- and -
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 ROBERT GORDICA
FOR THE UNION JOE LESPERANCE MARY DONNELLY
AWARD
Pursuant to Article 9.32(5)of the collective agreement, I conducted hearings at the City of Toronto, Ontario, on August 19, 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 the Scarborough Local - #602-92-01060 This is a grievance by the Scarborough Local on behalf of all term and casual employees that were employed by Canada Post in 1992 in the east area and more particularly those employees under the jurisdiction of the Scarborough Local, alleging that the Corporation - 4 -
failed to pay to these employees the rest period allowance stipulated by the Collective Agreement and more particularly as set out in Notes 3 and 4 of Appendix “A” of the Collective Agreement.
This grievance was apparently scheduled to be heard on January 30, 1993. In a reply to the grievance dated February 12, 1993, the Corporation agreed, without prejudice or precedence, to adjust this grievance subject to the stipulation that a review of the matter had indicated that "these employees'" benefits would have commenced when the human resources information system was updated on January 8, 1993.
While there appears to be some ambiguity about this stipulation, it is clear to me that the Corporation, rightly or wrongly, sustained this grievance. In doing so, they agreed to pay to all employees on whose behalf of this grievance was brought, namely short-term as well as long-term employees, that is those working less than twenty days and more than twenty days but less than three months, as well as term employees who work more than three months, in other words all employees in the three categories, the rest period allowance stipulated by Notes 3 and 4 of Appendix “A”. 1, accordingly, order that the decision of the Corporation dated February 12, 1993 as set out in their reply be implemented within a reasonable period of time and that these employees be paid the benefits agreed upon. The Corporation is directed to supply the Scarborough Local with a list of the employees to whom these benefits will be paid as well as the amounts actually paid within a reasonable period of time from this date.
DATED AT TORONTO this 19, day of August, 1993.
P. JOHN BRUNNER, ARBITRATOR
|
