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IN THE MATTER OF AN ARBITRATION

HEARINGS HELD AT TORONTO, ONTARIO,

ON JUNE 16 AND 17,1994

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                                                 DIANE BIGGS,

                                                                                                KATHERINE IVAN AND

                                                                                                KATHERINE LEE

FOR THE UNION                                                                  MARY DONNELLY,

                                                                                                KIRK MIDDLETON AND

                                                                                                BOB IRWIN

AWARD

            Pursuant to Article 9.32(5) of the collective agreement, I conducted hearings at the City of Toronto, Ontario, on June 16 and 17, 1994, 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.

In the Matter of the Grievances of the Scarborough Local - No. 602-92-01257, 602-92-01434 and 602-92-02441

            These grievances raise a question as to the interpretation and the appropriate remedy consequent upon a finding of a breach of Article 14.03(a) of the collective agreement.  It is

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common ground between the parties that the employees affected by these grievances commenced before their official starting time and did so on a voluntary basis.  It is further common ground that none of them had any expectation that they would be paid overtime rates for hours worked prior to the official starting time.  The grievances were filed before May 2, 1994, when the award of Tom Jolliffe was issued in a national policy grievance relating to Article 14.03(a) of the collective agreement.  In that award, the Arbitrator held that the Corporation had violated the Article in question by not adequately enforcing the normal work day official starting time and directed that the Corporation from the date thereafter comply with its obligations under the Article with respect to letter carriers adhering to their official starting time.

            It is my view that while the Corporation concedes with respect to the subject grievances that there was a breach of Article 14.03(a) of the collective agreement in that the employees affected thereby started before the official starting time that there should be no compensation awarded to the individuals.  I make this order not on the basis of any question of estoppel as there is no 'viva voce' evidence before me on this issue, but really by reason of the concession on the part of the Union that the employees all started their duties prior to their official starting time on a voluntary basis for their own private purposes with no expectation of being paid at overtime rates.

            DATED AT TORONTO this 21, day of June, 1994.

                                                P. JOHN BRUNNER, ARBITRATOR

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