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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 ARBITRATTON 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 Grievance of Lee-Anne Hadfield - No. 602-92-02364

            This is a grievance by Lee-Anne Hadfield, a former letter carrier with Canada Post

Corporation alleging that the Corporation breached Article 20.06 of the collective agreement by refusing to grant her sick leave for the period January 29, 1993 to May 5, 1993.

            The evidence is uncontradicted that the employee in question was ill and a physician's certificate was indeed issued to her pursuant to Article 20.08 on August 6, 1993, the particulars of which are not relevant for the purposes of this grievance.

            In a statement submitted to me, Hadfield asserts that she filed an application for sick leave sometime before May 5, 1993.  It would appear that the form was lost at the Ajax postal facility and she subsequently submitted a further replacement application on August 6, 1993, on which there is a notation that it was being filed to replace the previous one submitted at the Ajax post office but apparently not forwarded to the appropriate payroll department of the Corporation.

The application for leave contains a statement signed by the employee that because of illness she was unable to perform her duties.  This pursuant to Article 20.06(b) is sufficient for

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the purposes of granting her the sick leave benefits.  Having regard to this and the medical certificates which were submitted, it is my view that she should have been granted sick leave for the period in question and the Corporation's failure to do so amounted to a breach of Article 20.06 of the collective agreement.  The grievance is allowed and a declaration of violation is issued and the Corporation is ordered to pay her wages at the appropriate collective rate for the period January 29, 1993 to May 5, 1993 from the sick leave credits which she had accumulated as of January 29, 1993.

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

                                                P. JOHN BRUNNER, ARBITRATOR

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