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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.

2.         In the Matter of the Grievances of the Scarborough Local - #602-92-01128 This is a grievance by the Canadian Union of Postal Workers, Scarborough Local, on behalf of thirteen weekend part-time mall service couriers that are assigned to the facility at 1860 Midland Avenue.  The evidence indicates that the hours of work for the employees in question are Saturday from 10:30 to 18:30 hours and Sunday from 9:00 to 14:30 hours.  The employees were paid for Saturday, December 26, 1992, Sunday, December 27, 1992 and Saturday, January 2, 1993 and Sunday, January 3, 1993.  The Union contends that they should also been have paid for Friday, December 25, 1992 which was Christmas Day and Friday, January 1, 1993 which was New Year's Day.  Reliance is placed upon Articles 18.01 and 18.03 of the Collective Agreement.  There is no question that these are designated holidays but the issue is whether or not they qualified to be paid therefor under Article 18.03. Article 18.03provides that Clause 18.01 has no application to any employee who is absent without pay on both the "working day" immediately preceding and the "working day" following the designated holiday subject to certain exceptions which have no application.  The word "working day" is defined by Article 36.11 for the purposes of the entire Collective Agreement as calendar days excluding Saturdays, Sundays and holidays.  As it is clear that the employees in question were absent without pay on

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the Thursday preceding each holiday and as well on the next "Working day" immediately after the designated holiday, namely on the two Mondays, they do not qualify for designated holiday pay under Article 18.03.

The grievance is dismissed.

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

                                                P. JOHN BRUNNER, ARBITRATOR

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