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CUPW 2011
Links to CPC Householder Values and Walks by
FSA
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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 Grievances of the Scarborough Local - No. 602-92-02438, 602-92-02376 602-92-02455, 602-92-02408, 602-92-02351 and 602-92-02368
These are a series of grievances by the Scarborough Local alleging that the Corporation violated the collective agreement by assigning certain work alleged to belong to postal clerks 8
(group 1) to relief letter carriers and others (group 2) between November 1 and 26, 1993, during the months of September and October, 1993, and on March 28, 1994. The evidence before me makes it clear that the group 2 employees were sorting mail to letter carrier walks. It is contended by the Corporation that group 2 employees can in fact perform this kind of function because it involves what is known as "double X mail" which designates the route or walk number of the letter carrier on the envelope. Job descriptions have been formulated pursuant to Article 38.02 for both relief letter carriers as well as part-time postal clerks and postal clerks. A careful review of those job descriptions makes it clear to me that the question of sortation of mail to walks has been specifically addressed in the job descriptions for the postal clerks. In those circumstances, until there is in fact an amendment to the job descriptions, I am bound to hold that the work in question belonged to the postal clerks who are in group 1 and could not be performed by relief letter carriers or supervisory relief letter carriers or indeed any other employee who is part of group 2. In my view, the reasons I gave in the grievance of the Scarborough Local (No. 602-92-02316) which is contained in my award dated June 1, 1994, govern this matter.
The evidence before me does not make it clear how much time was spent by the relief letter carriers and others in group 2 in doing work which should have been performed by the four part-time postal clerks (group 1) at the Willowdale Depot No. 3. If the Union is able to establish that any one or more of those part-time postal clerks has lost any money as a result of work being performed by employees in group 2, they are entitled to be compensated 9 -
therefore for the times in question. I shall retain jurisdiction over the issue of compensation in the event the parties are unable to reach agreement on this issue.
DATED AT TORONTO this 21, day of June, 1994.
P. JOHN BRUNNER, ARBITRATOR |
