Monday November 25 2024
2023-2027/167
No. 51
In several regions across the country, Canada Post has been calling CUPW members to lay them off. While some are saying it is temporary, we’ve heard stories that it may be more permanent. These types of phone calls are merely a scare tactic by Management. We urge members not to panic if you receive such a call. Instead, take note of what the management representative says and then request a record of employment and estimated date of return in order to allow you to apply for EI benefits.
Section 94 (3) of the Canada Labour Code has protection for this type of occurrence:
Unfair Practices
Marginal note: Employer interference in trade union…
Prohibitions relating to employers
(3) No employer or person acting on behalf of an employer shall:
- (a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person;
…
– (vi) has participated in a strike that is not prohibited by this Part or exercised any right under this Part;
At this point, individuals should ask their local or region to file a grievance as per the usual process as if the Collective Agreements were in force and respect the time delays contained in Article 9 of the Urban and RSMC collective agreements, which is 25 days after being made aware of the lay-off for an individual grievance. At this point, members should not contact a lawyer or file a complaint with the CIRB. We will issue further directions if and when it becomes relevant to do so.
The Union will deal with all violations of the Canadian Labour Code and Collective Agreement should it come into play. What the Union requires is information about your specific case. Please send this information through your usual channel, either by contacting your steward or Local, who will in turn send the information to the Region and the National Union. As we are currently looking into this and other issues with our legal councils, it will be important to provide this information to the Union as soon as possible to ensure that we have the ability to deal with it in relevant time.
It is clear that Canada Post cannot lay off current employees and bring someone different back to do the work after a strike/lockout. If you are made aware of such actions by CPC, please advise the Union as soon as possible.
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In Solidarity,
Carl Girouard
National Grievance Officer