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Atlantic Pilotage Authority V Cmsg, Innis Christie

Innis Christie Collection

INTRODUCTION. The "RESOLUTION OF CONTRACT RENEWAL DISPUTES AGREEMENT" of April 24, 2003 between the parties, under which I am proceeding here, provides: The purpose of this agreement is to establish a binding dispute resolution process to be utilized in circumstances where the parties have engaged in collective bargaining for the purpose of entering into a collective agreement but have failed to reach a settlement. Under such circumstances the following process shall be used to conclude all outstanding issues for the renewal of the collective agreement:

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.

Re Canada Post Corp And Cupw (105-95-00518), Innis Christie

Innis Christie Collection

There are six grievances. The Union alleges that the Employer breached the Collective Agreement by the assignment of duties without following the program of work established locally, changed some duties without meaningful consultation and did not ensure that employees assigned to coding duties were not required to code for entire shifts. The Union also requested that employees who had been improperly assigned be compensated.

The grievance fails. The Employer did not have temporary employees trained to code. This reduced the scheduling options. The lack of consultation was considered insignificant.

Re Canada Post Corp And Cupw (105-95-00438), Innis Christie

Innis Christie Collection

The Union claims that in measuring routes in which the carrier stops the truck and walks in a loop up one side of the street and down the other, the Employer has missed distances on 56 or 57 routes. The Employer's position is that while the system in place does appear to under compensate in the case of loops, the values used in measuring routes are agreed values, and must be accepted.

The grievance fails. The Employer is measuring routes in the manner agreed upon, using accepted values. Whether those values may be appropriate is not a matter for the …

Re Canada Post Corp And Cupw (105-95-00435), Innis Christie

Innis Christie Collection

The Union alleges that the Employer has breached the Agreement by failing to assign sortation values for sorting the "buddy's" parcels for all MMC routes in the city of Saint John. The Employer acknowledged that wrong values had been entered, as a result of clerical error, and undertook to make necessary corrections. It also stated that, as agreed upon with the Union, it had made time corrections to some routes to provide for equalization, though this had not been carried out for all routes.

The grievance succeeds in part. The Employer is directed to comply with its understanding with the …

Re Canada Post Corp And Cupw (105-95-00432), Innis Christie

Innis Christie Collection

The Union alleges a breach in the system the Employer has used to deal with bundles of "missorts" and specifically, in that the Employer provided inaccurate 050 forms for letter carrier and motorized mail carrier routes in Saint John. The Employer states that the passage used by the Union to support its allegation applies only to redirected mail, not to missorts.

The grievance fails. The Arbitrator is satisfied that the missorts were not incorrectly dealt with. The provision upon which the Union's argument depends does not apply to Saint John's unit.