Postal Workers Step Up the Fight for Their Rights

Federal Arbitrator Refuses to Address Necessary Demands

- Louis Lang -

Picket line in Napanee, November 10, 2018.

On June 11, arbitrator Elizabeth McPherson, a former chair of the Canada Industrial Relations Board, who was appointed as part of the implementation of the Postal Services Resumption and Continuation Act, Bill C-89, released her final report. The Act was adopted by Parliament on November 26, 2018, to declare the rotating strikes of postal workers illegal and, under the threat of heavy fines against individual workers and the union, it forced the workers to end their legal strike actions.

The Canadian Union of Postal Workers (CUPW) had been in negotiations with Canada Post for close to one year on behalf of Rural Suburban Mail Carriers (RSMCs), whose contract expired on December 31, 2017, and Urban Operations which include letter carriers, mail service couriers and all the inside workers, whose contract expired on January 31, 2018.

The November 22, 2018 issue of Workers' Forum pointed out that it was Canada Post and the Trudeau government who provoked a crisis by refusing to negotiate with the union and instead resorting to federal legislation to criminalize the workers' struggle for their rights.[1]

Bill C-89 called for 90 days of mediation-arbitration and hearings began on January 16, 2019. This process did not go any better then the negotiations and after continual postponements and delays the final hearing took place on May 6 and the arbitrator issued her decision on June 11.

Instead of the 90 days called for in the legislation, the process took more than 560 days. There is no explanation in the report about the inability of the arbitrator to do her work in accordance with the federal legislation.

It is clear from the report that the arbitrator has failed to address the imposed regime of non-negotiations that was followed by Canada Post and supported by the Liberal government. With the arbitration hearing spread out over 560 days, the main demands of postal workers still have not been properly considered. The arbitrator failed to resolve the important health and safety issues, the two-tier wage system, pay for all hours worked for RSMCs, the overburdening of letter carriers and important staffing issues for inside workers with the increased use of temporary workers and part-time precarious work.

It is of great concern for postal workers that after almost two years without a contract they're forced to work under federal orders but their concerns for health and safety and proper working conditions which they require to perform their work have not been addressed. The arbitrator has issued a report which is in line with the refusal of Canada Post to negotiate with the workers knowing full well that they could count on the Trudeau Liberals to use legislative powers to criminalize any resistance by the workers and eliminate any semblance of negotiations.

What the Arbitrator Had to Say

The term of the contract will be for four years starting in January 2018 so, in effect, there is only 18 months left in this contract.

The wage scales set out in Appendix "A" of the collective agreement shall be increased by the following amounts on the dates indicated:

February 1, 2018 -- 2.0 per cent;

February 1, 2019 -- 2.0 per cent;

February 1, 2020 -- 2.5 per cent;

February 1, 2021 -- 2.9 per cent.

"The economic increase for the RSMC unit is to be applied after implementation of the increases mandated by Arbitrator Flynn's pay equity award and those agreed upon by the parties in the course of that process. The intent is to maintain the pay equity that was achieved through the Flynn arbitration process."

The arbitrator refused to deal with the two-tier wage system that exists. For example, an inside worker hired prior to 2013 has an hourly wage that is seven dollars more than a worker in the same classification hired after February 1, 2013. In order to deal with this issue, the union demanded that the eight years that it takes for these workers to reach the same maximum be reduced. The arbitrator refused the demand and her decision maintains the same arrangement in both groups one and two of the Urban Operations group.

On the issue of health and safety, letter carriers have been suffering serious injuries on their routes due to the two bundle system which was introduced with the sequencing of mail. The arbitrator refused to address the demand of the workers to eliminate this dangerous work method. The problem is recognized in the report but the arbitrator failed to take a stand to prevent further injuries. The comment in the report on this serious problem clearly exposes the nature of the arbitration process which is blind to the needs of the workers. On the issue of the two bundle system the arbitrator said:

"This arbitrator is not an expert in ergonomics and is reluctant to specify a particular sortation and delivery method in the collective agreement. Instead, I am proposing a Memorandum of Agreement that would formalize the current practice that letter carriers will not be disciplined if they chose to integrate their sequenced and manual mail prior to commencing the delivery portion of their route."

Similarly, on the issue of the overburdening of letter carriers the arbitrator refused to take a stand and proposed another study to discuss the letter carrier route volume update process. This means that once again the problems faced by letter carriers with the huge increase in parcel volumes and the need for route restructures will be the subject to further studies with no solution in sight.

The arbitrator had no problem accepting Canada Post's proposal for a "temporary peak workforce" which would have no limitations on the days of the week that these employees can be deployed. Instead of filling vacant positions and maximizing full-time regular positions by combining part-time positions based on the hours worked, the ability of the corporation to use temporary workers will lead to the creation of more precarious work, and staffing issues that exist will remain unresolved.

As far as the RSMCs are concerned, the arbitrator refused to deal with the union's demands that these workers be paid for all hours worked. This would require the restructuring of their routes based on a standard eight-hour day in the same way as letter carriers in the Urban group. The arbitrator refused to change the existing piecework model and proposed another study on how to measure content, work load and appropriate pay methods to compensate RSMCs for all hours worked over 40 hours a week. The arbitrator also denied the union's demand for hourly compensation for weekend parcel delivery by RSMCs. Instead the arbitrator agreed with Canada Post's proposal to provide RSMCs who deliver parcels during the weekends with $2 for each parcel.

Bill C-89 and Arbitration Decision No Assistance to
Postal Workers Working During Pandemic

The mediation-arbitration process imposed by Bill C-89 has failed to resolve the serious problems facing postal workers. The main purpose of the Bill was to stop the workers from fighting for their rights to decent working conditions and a safe working environment. This problem has become much more serious as postal workers have continued to work throughout the pandemic. The important service which they provide sorting and delivering letters and parcels in every community in Canada has put them on the front lines of the fight against COVID-19 at a great risk to their own health.

It is inconceivable that under such dangerous conditions postal workers still have federal legislation hanging over their heads with threats of heavy fines if they undertake any job actions to protect their rights. In spite of this, postal workers across the country have taken actions like closing down plants and refusing to do work if proper safety measures were not observed by Canada Post. It has been due to the role that workers played in affirming their rights that postal services have been maintained to the level needed by Canadians.

It is high time that Bill C-89 is abolished so that Canada Post has no place to hide and has no excuse to turn a deaf ear to the demands of the workers.

For the arbitrator's full report, click here.

Note

(Photos: WF, CUPW)

This article was published in

Number 43 - June 23, 2020

Article Link:
Postal Workers Step Up the Fight for Their Rights: Federal Arbitrator Refuses to Address Necessary Demands - Louis Lang

    

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