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IN THE MATTER OF AN ARBITRATION

HEARINGS HELD AT TORONTO, ONTARIO,

ON JANUARY 25, 1995

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

DAVID KATES

AWARD

CUPW and CPC                                                                   606-92-02806

            I am not satisfied at this juncture that a case for combining the two (2) part-time LCA positions has been made.

            What seems to deter a finding in favour of the trade union is the employer's use of other employees during the one and one half (1 1/2) hour gap between the shifts of the two part timers.  If, as alleged, the employer is using supervisors to perform LCA work then the employer's argument against the combination of the two (2) part time jobs into a full time position on grounds of "practicability" would dissipate.  Otherwise, I find no basis for interrupting the current staffing procedure.

            I am prepared therefore to await the outcome of the trade union's concurrent grievance before making a final decision in this case.  For present purposes the staffing of the two (2) part time LCA positions will remain.

Grievance adjourned and I shall remain seized.

January 25, 1995                                                                  David H. Kates

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