|
|
|
CUPW 2011
Links to CPC Householder Values and Walks by
FSA
|
IN THE MATTER OF AN ARBITRATION
HEARINGS HELD AT TORONTO, ONTARIO, ON THE 6TH DAY OF OCTOBER 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 LANCE WAINE AND PETER BRENNAN
FOR THE UNION JOE LESPERANCE MARY DONNELLY, MIKE DUQUETTE AND ROBERT IRWIN
AWARD
Pursuant to Article 9.32(5) of the collective agreement, I conducted hearings at the City of Toronto, Ontario, on October 6, 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 Grievance of Donna Dawson - #602-92-01655
This is a grievance by Donna Dawson, a long term letter carrier with Canada Post Corporation alleging that the Corporation breached the collective agreement when on March 3, 1993, she was placed on sick leave by reason of her failure to execute a medical authorization form which would have permitted the Employer to access her medical records from her own family physician, Dr. Howard L. Price. The evidence indicates that the employee was diagnosed as suffering from colitis sometime around December 8, 1992. As a result, she was off work until early January, 1993, when she was placed on modified duties. These modified duties were discharged by Dawson at the Malvern Post Office and consisted of
- 4 -
sortation and delivery of mail to two apartment buildings. This state of affairs apparently continued until a new doctor's certificate was obtained from Dr. Price which indicated that she had a restriction, by reason of her illness, which required her to be within two minutes of a washroom. For reasons which I need not go into, on February 26, 1993, the superintendent gave her a form entitled "request and consent for release of medical information". Miss Dawson refused to execute the consent and the letter of March 3, 1993, placing her on sick leave was then issued by the Zone Manager. I am quite satisfied from a review of all of the documents as well as the evidence of the Zone Manager that the sole reason why she was placed on involuntary sick leave, a concept which does not find any recognition in the collective agreement and in fact in my view amounts to constructive discharge, was because the employee refused to execute the form. There is nothing in the collective agreement or any statute or other principle of law which would have obligated the employee to do so. In the result, she was refused the right to continue to perform modified duties until April 5, 1993, when she was able to return to her full-time duties solely by reason of her refusal to execute the consent for release of medical information form. In my opinion, the Corporation breached the collective agreement. The grievance is allowed. The employee's placement on sick leave effective March 4, 1993 is set aside and the Corporation is ordered to compensate her for any and all lost wages and other benefits that she may have sustained from March 4, 1993 until April 5, 1993.
I will remain seized of this matter in the event any difficulties arise in the calculation of the compensation that I have awarded. In my view, the Corporation should, in the
- 5 -
circumstances, pay interest to the employee at the Bank of Canada rate which was in effect on March 4, 1993, from that date until payment.
DATED AT TORONTO this 12, day of October, 1993.
P. JOHN BRUNNER, ARBITRATOR
|
