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CANADA POST CORPORATION

AND

CANADIAN UNION OF POSTAL WORKERS

 

Regular Arbitration - Toronto, Ontario - August 14, 1995

 

Appearances:            For the Corporation - L. Waine

                                    For the Union (Scarborough Local) - R. Irwin, A. Colacci, G. Smith

 

 

602-95-00151 Scarborough Local

 

Union alleges violation of art. 14.10 in that employer did not allow opportunity for meaningful consultation when, on April 13, 1995 - the day before the statutory holidays of Good Friday and Easter Monday - it advised the union that the starring time for the specified groups of employees would be "one half hour earlier on Tuesday April 18, 1995".  Claims compensation under art. 48.06 (Abnormal Volumes) - overtime rate for half-hour earlier start.  Employers position is that more than forty-eight hours advance notice was given and that letter invited requests for information and/or consultation.  As well there was no issue of processing backlogged mail as contemplated in art. art. 48.06.

 

Grievance succeeds, in part.  This is a declaration that the implied "invitation" to consult, in employer's letter of April 13, was inadequate in the circumstances of a four-day break (two statutory holidays and two rotation days) between the delivery of the letter and the earlier start on April 18. Art. 48.06 does not apply, however.  Overtime compensation is denied.

 

Ottawa, Ontario, August 16, 1995                                                   S. J. Frankel, Arbitrator

 


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