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CUPW 2011
Links to CPC Householder Values and Walks by
FSA
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CANADA POST CORPORATION AND CANADIAN UNION OF POSTAL WORKERS
Regular Arbitration - Toronto, Ontario - August 24, 1995
Appearances: For the Corporation - L. Waine For the Union (Scarborough Local) - R. Irwin, G. Smith
602-92-03701 - Scarborough Local 602-95-00168 - D. Bulmer
Both grievances turn on the issue of rights under the collective agreement accruing to term employees (casuals) - article 44 (1992-95 agreement); particularly the question as to when, and if, short-term employees become long-term employees within the meaning of said article. The parties submitted extensive arbitral jurisprudence dealing with this issue which, however, is inconclusive in that opinions tend to range over both sides of the question. The decision of arbitrator Swan in W. Tang et al[1]. (February 1995) has been referred to the Divisional Court of Ontario for judicial review. I am also informed that the matter is currently the subject of consultation between the parties at the national level.
In light of the above, I reserve my decision in respect of these grievances. The parties have undertaken to advise me if, in the meantime, the issue has been clarified through consultation and/or judicial review.
Decision reserved.
Ottawa, Ontario, August 25, 1995 S. J. Frankel, Arbitrator
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