Metro-Toronto Delivery Ops, East / CUPW, Scarborough local
Held on
Monday March 21, 2005
280 Progress Ave, Scarborough ON
Topic - Article 54 / Modified Duties

J. Hill M. Duquette
L. Anastasi K. Davidson
S. Simpson D. Roosevelt
S. Hardy
D. Dawson
C. Carpenter
J. Connery

The Union indicated that the consultation was requested following Kate’s regular decision, (602-03-00267) and following the regular decision from Sudbury

(643-03-0004). As the Corporation deleted part-time PO 4’s on the number #1 shift based on the modified duties letter carriers performing in this function. (The Union requested that the positions be recreated.) Therefore the Union is requesting that the parties consult prior to the placement of any group 2 employee into group 1 duties. The Corporation should be looking beyond the employee’s stn or Zone for suitable letter carrier duties before considering the move to group 1. We suggest that by utilizing group 2 you do not have sufficient staff to perform the work required.

We wish to take this opportunity to establish a protocol for these situations.

The Corporation advised that every effort is made to place letter carrier’s in letter carrier duties prior to moving them to alternate shifts and group 1, as the per our previous agreement and process the bubble showing those employee’s on mod and where the duties are worked is faxed to the Union daily. The Corporation does not automatically send group 2 to group 1 work. If an employee can perform most of their duties then we do supplement them with group 1 on their shift, in other words an employee who can sort and delivery part of their route will be assigned to XX mail for the remainder of the shift, however if an employee is only capable of sortation then it is not make a good business practice to have them remain on their shift and find work, when the restrictions conform to group 1 functions. The Corporation advised that in accordance with art 54 this is an option, specifically 54.03 (d).

The Union recognized this, however refers the Corporation to the greater need concerns and as such if someone is working in another facility, which has a suitable position that another employee can perform, due to an IOD, then we may require that employee to be sent home to accommodate someone without sick credits.

The Corporation advised that in that scenario, the IOD claim could be at risk in so far as benefits as the board rules on the reintegration of employees. The other impact of your request is forcing employees to use sick time until the parties can meet to discuss mod duties assignment, whereas under the current process we can implement right away based on the appropriate medical information.

The Union also raised a concern that a Union rep recently asked a superintendent if an employee was on modified , they were unable to answer, the inquiry was made because the employee was performing group 1 duties. It was also mentioned that the employee had been on modified but was work hardened to full duties. This causes us concern with the information being provided on the bubble. Here is a case of a Superintendent not knowing the status of the employee so how can the bubble report be accurate?

The Corporation will investigate this situation, we realize that some compliance issues may have to be addressed.

The Union is suggesting that a weekly meeting be arranged between the Union Rep and the Zone Officers, to discuss the bubble and the impact of the modified duties assignments. We would also like to see if the stewards can be provided a copy of the bubble to assist in the monitoring process.

The Corporation agrees to meet on Thursday of each week, and suggest that the bubble be provided daily by the superintendents to the local stewards, However prior to this taking place we will contact the privacy coordinator to ensure that are not in violation of anyone’s rights.

The meetings to start on March 30, 05. . Arrangements between the Union and the Officers will be left to them.

Meeting Adjourned

Distribution ( via Email)

All Present

G. Deveaux, National Director, CUPW Ont. Region

P. Mulvihill, Manager, Labour Relations GTA

C. Marcil, Manager Labour Relations, Head Office

D. Beardmore, manager Zone 7, GTA