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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

- 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                                                 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.

4.         In the Matter of the Grievance of A. Bruneau - #602-92-01078

            This is a grievance by Andrew Bruneau, a part-time relief mall service courier at the Scarborough Station D, alleging that on December 7, 1992 he was required to perform letter carrier and not relief mail service courier functions.  The evidence indicates that when he reported to work there was no vehicle for him to drive for the day and for approximately one hour he was assigned certain duties by his supervisor in the nature of placing numbered bundles in number bunks, revising bags and picking up empty cardoxes trays from the floor.  A review of the job descriptions of the relief mail service courier and that of the letter carrier assistant (floorman) indicates that these duties fall within the range and scope of work that is normally performed by the letter carrier assistant and not by the relief mall service courier.  In the result, I am of the opinion that the assignment of work in question violated Article 51.03 of the Collective Agreement.  The relief that is sought in this case is the payment of overtime for the letter carrier assistant on duty on that day.  There is, however, no evidence before me that overtime would have been required from the letter carrier assistant and I am, accordingly, of the opinion that it would not be appropriate to make any monetary award.

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

                                                P. JOHN BRUNNER, ARBITRATOR

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