Socialist Worker | issue 533 | August 2011
by Terry Theakston
Federal Labour Minister Lisa Raitt has appointed the arbitrator to hear the unresolved dispute between Canada Post and the Canadian Union of Postal Workers (CUPW).
Justice Coulter Osborne has until mid October to hear the final proposals of the union and the employer, under detailed instruction outlined in Bill C-6, the back-to-work legislation imposed by Parliament at the end of June.
The bill, which was hotly disputed during a three day filibuster led by the NDP, then passed by the majority Tories, details an attempt to control the arbitrator’s use of discretion.
Already decided in this bill are the fixed wage increases, which are lower than the offer prior to the bill, and the length of the contract, which will be four years. It imposes a final offer selection, an all-or-none approach to accept either the union’s or the employer’s proposal.
The arbitrator must also ensure that terms and conditions are comparable to other similar industries, be flexible for the employer to remain competitive, maintain health and safety of the workers, and ensure the sustainability of the pension plan. He must take into account that postal rates must not increase, operations are efficient, productivity is improved, and service standards are acceptable.
Meanwhile, CUPW has filed a national grievance against Canada Post for a host of violations during the month of June in the lead-up to the rotating strike. Vacation and sick leaves were denied, as were health care claims. The employer refused to accept grievances, pay for overtime and allocate work to uncovered routes properly; changed work patterns, and performed the work of CUPW’s bargaining unit. Also a number of provisions under the Canada Labour Code were violated when the employer suspended the collective agreement as soon as the 72-hour strike notice was given.
Alongside this important labour dispute is a separate effort to reach a negotiated contract by the 6,000 rural postal workers. Organized into CUPW eight years ago, this bargaining unit had hoped to conclude its current round in mid-June, but has faced a number of delay tactics from the employer Canada Post.
The union is hoping for an arbitrated decision in September, in order to move on to the final round of negotiations. This unit has not yet had the legal right to strike, but in the final round they will have this right. Parliament resumes on September 19.