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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

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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 the Scarborough Local - No. 602-92-02547

            This is a grievance by the Scarborough Local alleging that the Corporation breached Article 6.05(a) and Appendix "O" to the collective agreement from and after April, 1993, by using relief post office clerks attached to the relief pool in the East Area City Service office for work in the West Area City Service office.

            The evidence indicates that on August 23, 1993, notice was given under Article 6.05 of the collective agreement that certain facilities would be moved from the east area to the west area.

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            An invitation was extended to the Union for local consultation with respect to "matters related to this change".  For reasons which are not clear, local consultations were never held.  The submission before me now, however, is that what the Corporation did after April, 1993, in seeking relief personnel to cover post office clerks who were absent by reason of annual leave or sick leave, is in fact a "modification” of the centralized relief system that was in existence for postal stations as of the date on which the collective agreement took effect, namely, August 1, 1992.

            I am satisfied that on August 1, 1992, the centralized relief system in existence was such that employees in the relief pool in the east area would only be used for the purposes of relieving employees who were attached to facilities which were part of the east area with the same system being utilized in the same manner within the west area.  The Corporation during the course of its submissions stated that it will not from and after this date draw upon employees in the relief pool in the east area for the purposes of replacing employees who are absent because of annual leave, sick leave or other leave in the west area and as well vice versa.  Given that undertaking, the Union is content that I make no formal order.

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

                                                P. JOHN BRUNNER, ARBITRATOR

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