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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.

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8.         In the Matter of the Grievance of the Scarborough Local - #602-92-01118

            This is a grievance brought by the Scarborough Local of C.U.P.W. alleging that for one hour on both January 8 and 11, 1993, the Corporation assigned a term M.S.C., namely one George Baird, to perform certain functions which clearly fell within the ambit of the duties normally carried out by letter carriers.  Specifically, he was requested to sort mall into piles for Walk 533 because he had nothing to do and, as it was put, was "sitting on the bench".  The evidence indicates that the letter carrier whose route this was, Ron Delacruz, was available to do this work on the basis of overtime.  I am of the opinion that the Corporation in so assigning Baird breached Article 15.08 of the Collective Agreement.  There is no issue that it would not have been practicable for Delacruz to do the work and that Article prescribes that overtime on an employee's route or assignment will be performed by the employee assigned to that particular route or assignment.  The grievance is therefore allowed and a declaration of violation is issued.  If it is established that Delacruz finished his work on the two days in question at the very end of his shift and that the work would have been overtime for him, he is entitled to be compensated for the deprivation.  If, on the other hand, it is shown that he finished his duties early and could have performed the work within the timeframe of his daily shift, then he is not entitled to be compensated.

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

                                                P. JOHN BRUNNER, ARBITRATOR

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