and the Canadian Union of Postal Workers

Agreement between Canada Post Corporation

Agreement between
Canada Post Corporation
and the
Canadian Union
of Postal Workers

Expiry: January 31, 2022

Expiry: January 31, 2022

19646 CUPW Agreement Cover_E.indd 1 2021-02-09 1:40 PM

 AGREEMENT
BETWEEN
CANADA POST CORPORATION
AND THE
CANADIAN UNION OF POSTAL WORKERS

Expiry: January 31, 2022

In this collective agreement, any reference

to the expression “the date of the
arbitration award” shall be interpreted as
referring to the following date: June 11,
2020.
 i

TABLE OF CONTENTS

PAGE

ARTICLE 1
PURPOSE OF AGREEMENT

1.01 Purpose 1

ARTICLE 2
MANAGEMENT RIGHTS

2.01 Rights 1

ARTICLE 3
RECOGNITION

3.01 Sole and Exclusive Bargaining Agent 1

3.02 Consultation and Discussion 2
3.03 Full Force and Effect 2
3.04 Union Access to Place of Employment 2
3.05 Rights of Union Representatives 3

ARTICLE 4
UNION DUES

4.01 Compulsory Check-Off 3

4.02 Setting of Dues 4
4.03 Dues Begin Immediately 4
4.04 Remit Dues the Next Month 4
4.05 Corporation's Liability on Check-Off 4
4.06 Additional Information 5
4.07 Compulsory Membership 5
4.08 T4 Slips 6
4.09 Check-Off for Life Insurance 6
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ARTICLE 5
DISCRIMINATION

5.01 Discrimination 7
5.02 Use of Leave Provisions 7
5.03 Polygraph Testing 7
5.04 Interpreter for Deaf or Hard of Hearing
Employees 8
5.05 Common Law Spouse 8

ARTICLE 6
COMMUNICATIONS

6.01 Information Essential to the Union 8

6.02 Notification of the Union 9
6.03 New Employees 9
6.04 Organizational Charts 10
6.05 List of MAPP Areas, Plants and
Post Offices 10
6.06 Electronic Versions of Documents 11

ARTICLE 7
CORRESPONDENCE AND CONTACTS

7.01 Contacts 11

ARTICLE 8
LABOUR-MANAGEMENT MEETINGS

8.01 Principle 12
8.02 Time and Location of Meetings 12
8.03 Level of Consultation 13
8.04 Consultation Between Union Locals and
Local Management 13
8.05 Local Agreements 13
8.06 Right to Grieve and to Refer Grievances
to Arbitration 14
8.07 Grievance Procedure Separate 14
8.08 Violations 14
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8.09 Paid Attendance 14

8.10 Reference of Disagreement 15
8.11 Minutes of Union-Management Meetings 15
8.12 Union Representatives 16

ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURE

9.01 Definitions 16
9.02 and 9.03
Representatives 16-17
9.04 and 9.05
Recognition of Union Stewards 17
9.06 Rights and Responsibilities of Union
Stewards 17
9.07 Rights of Employees to Complain 18
9.08 Right to Present a Grievance 18
9.09 Right to Present a Policy Grievance 18
9.10 to 9.13
Time Limit on Grievance 19-20
9.14 Description of the Grievance 20
9.15 Substance of Grievance Takes Priority 20
9.16 and 9.17
Presentation of Grievances 20-21
9.18 Grievance by Mail 21
9.19 If Grievance not Received 22
9.20 and 9.21
Codification and Copies of Grievances 22
9.22 and 9.23
Grievance Meetings 22
9.24 Permission to Leave Work 23
9.25 Corporation's Reply 23
9.26 Content of the Reply 23
9.27 Failure to Reply by the Corporation 24
9.28 to 9.30
Final Decision 24
9.31 Changes in Time Limits 25
9.32 Withdrawal of Grievances 25
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9.33 Right to Arbitration 25

9.34 Reference to Arbitration 25
9.35 Irregularities 26
9.36 Sole Arbitrator 26
9.37 to 9.42
Lists of Arbitrators 26-29

9.43 to 9.47
Hearing Dates 29-30
9.48 Location of the Sittings of Arbitration 30
9.49 Arbitration Procedures 30
9.50 to 9.71
Regular Arbitration Procedure 31-34
9.72 to 9.76
Formal Arbitration Procedure 34-35
9.77 to 9.80
National Formal Arbitration 35-36
9.81 to 9.83
General Provisions 36-37
9.84 Burden of Proof Concerning
Qualifications 37
9.85 Visit to Place of Work 37
9.86 Interim Decision 37
9.87 to 9.98
Cease and Desist Order 37-40
9.99 General Powers of the Arbitrator 40
9.100 Restriction of Power 41
9.101 Award Must State Grounds 41
9.102 Final Decision 41
9.103 Future Cases 41
9.104 Costs of Arbitrators 42
9.105 Translation 42
9.106 Grievances Held in Abeyance 42

ARTICLE 10
DISCIPLINE, SUSPENSION AND DISCHARGE

10.01 Just Cause and Burden of Proof 43

10.02 Personal File 43
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10.03 Access to Personal File 44

10.04 Interviews 44
10.05 Employee-Steward Relationship
Confidential 45
10.06 Right to Representation 45
10.07 No Right to Discipline 46
10.08 Termination of Employment 46

10.09 Release for Incompetence 46

10.10 Release for Incapacity 46

ARTICLE 11
SENIORITY

11.01 Continuous Employment 47

11.02 Seniority 48
11.03 Accumulation of Seniority 49
11.04 Days Lost or Gained 50
11.05 Seniority Lists 50
11.06 Posting of Seniority Lists 51
11.07 Loss of Seniority 51
11.08 Break in Service 53
11.09 Seniority in Emergency Situations 53
11.10 Use of Seniority 53

ARTICLE 12
PREFERRED ASSIGNMENTS

12.01 Preferred Assignments in Staff Post

Offices Grades 9 and Up 54
12.02 Authorization for Counter Credits 54

ARTICLE 13
STAFFING OF VACANT ASSIGNMENTS AND
POSITIONS

A) GENERAL PROVISIONS

13.01 Definition of a Position 56

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13.02 Definition of Assignment 56

13.03 Complement for Assignments in Groups
1,3 and 4 57
13.04 Change in Constituent Elements for
Staffed Assignments in Groups 1, 3 and 4 57
13.05 Rotating and Fixed Assignment 58
13.06 System of Work 58
13.07 Acquiring Knowledge 59

B) STAFFING PROCESS FOR VACANT

POSITIONS

13.08 Vacant Position 61

13.09 Filling of Vacant Positions 61
13.10 Vacant Positions Filled by Temporary
Employees and Hiring 61
13.11 Application 62
13.12 Filling Vacant Mail Service Courier
(Heavy Vehicle) Positions 63
13.13 Staffing Rules for the Filling of Vacant
Positions 64
13.14 Expenses Incurred 65
13.15 Movement From One Post Office to
Another 65
13.16 Information for the Union 65

C) SELECTION OF ASSIGNMENTS

13.17 Vacant Assignment 66

13.18 Filling of Vacant Assignments 66
13.19 Local and National Agreement on
Bidding Procedures 67
13.20 Information on Vacant Assignments 67
13.21 Employee Responsibility 68
13.22 Temporary Vacant Assignment 68
13.23 Bilingual Assignments in Group 1 69
13.24 Restructuring 70
13.25 Conversion of Part-time to Full-time
Position and Assignment 70
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13.26 Annual Bidding for Groups 1, 3 and 4 71

ARTICLE 14
HOURS OF WORK

14.01 Shifts for Groups 1, 3 and 4 72

14.02 Normal Work Week - Full-time Employees 72
14.03 Hours of Work - Part-time Employees 74
14.04 Definitions and Standards 75

14.05 Meal and Rest Periods - Full-time

Employees 76
14.06 Rest and Meal Periods - Part-time
Employees in Group 1 78
14.07 Rest and Meal Periods - Part-time
Employees in Group 2 79
14.08 Start Times for Group 3 80
14.09 Shift Times for Group 4 80
14.10 Schedules of Work for Group 1 81
14.11 Schedules of Work for Group 2 81
14.12 Schedules of Work for Groups 3 and 4 82
14.13 Alteration of Shift of an Employee in
Groups 1 and 2 83
14.14 Change in Hours of Work in Group 3 84
14.15 Alteration of Shift of an Employee in
Group 3 84
14.16 Change in Schedule or Cycle in Group 4 85
14.17 Change in Shift in Group 4 85
14.18 Change in Scheduled Hours of Work in
Group 4 87
14.19 Reporting for Work for Employees 88
14.20 Wash-up Time 88
14.21 Rotation of Duties of Employees in
Group 1 88
14.22 Shifts not Commencing and Ending on the
Same Day for Group 3 89
14.23 Shifts not Commencing and Ending on the
Same Day for Group 4 89
14.24 Weekend Staff for Group 1 90
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14.25 Days of Rest, Weekend Work for Groups 3

and 4 90
14.26 Headquarters for Group 4 90
14.27 Period of Rest Between Two Shifts 91
14.28 Statement of Hours Worked by Employees 91
14.29 Night Shift in Group 1 91
14.30 Day Shift Assignments 92
14.31 Variation in Hours in Group 3 93
14.32 Summer and Winter Hours, Flexible Hours
in Group 3 93
14.33 Exception for Group 3 94
14.34 Exception for Group 4 94
14.35 Encroachment in Group 4 94
14.36 Change of Employee's Normal
Work Week in Group 4 95

ARTICLE 15
OVERTIME

15.01 Rates 96
15.02 Meal and Rest Periods 96
15.03 Overtime Notice and Guarantee 98
15.04 Posting of Lists 98
15.05 Eligibility 99
15.06 Definition of Equal Opportunity in Groups 1
and 2 99
15.07 Order of Priority for Group 1 99
15.08 Assignment of Overtime for Group 2 100
15.09 Definition of an Opportunity in Groups 1
and 2 100
15.10 Allocation of Overtime Work for
Groups 3 and 4 100
15.11 Order of Solicitation for Overtime for
Groups 3 and 4 101
15.12 Modification of a List 103
15.13 No Loss of Opportunity 103
15.14 Compulsory Overtime 103
15.15 Failure to Post 104
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15.16 Regular Assignment to Different

Installations 104
15.17 Administration 105
15.18 Penalty for Bypassing 105
15.19 Itemized Statement 105
15.20 Alternative Arrangements 105
15.21 Definition of Complement for Group 1 105
15.22 Equal Opportunity for Part-time Letter
Carriers and Part-time Mail Service
Couriers 106
15.23 New Employees for Groups 3 and 4 107
15.24 Resetting the Overtime Accounts for
Groups 3 and 4 Employees 107
15.25 Employees in Groups 3 and 4 on Leave
or on Training 107
15.26 Standby for Group 3 108
15.27 Standby for Group 4 108
15.28 Employee in Groups 3 or 4 Serving a
Suspension 110
15.29 Employee in Groups 3 or 4 Not on Duty 110
15.30 Transportation Allowance for Group 3 111
15.31 Transportation Allowance for Group 4 112
15.32 Compensatory Time for Groups 1 and 2 113
15.33 Compensation for Overtime for Group 3 113
15.34 Compensation for Overtime for Group 4 114
15.35 No Pyramiding in Groups 1 and 2 114

ARTICLE 16
SHIFT AND WEEKEND PREMIUMS

16.01 Shift Premiums 115

16.02 Weekend Premium 116

ARTICLE 17
WORK ON A DAY OF REST, CALL-BACK AND
UNCOVERED LETTER CARRIER WALKS OR
MAIL SERVICE COURIER ASSIGNMENTS

17.01 Work on a Day of Rest 117

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17.02 Call-Back 118

17.03 Meal and Rest Periods 119
17.04 Coverage of Uncovered Letter Carrier
Routes or Mail Service Courier
Assignments 120
17.05 Coverage of Uncovered Letter Carrier
Routes 123
17.06 Coverage of Known Periods of Absence –
Full-time Employees 126
17.07 Coverage of Known Periods of Absence –
Part-time Employees 127
17.08 Termination of Coverage 127
17.09 Bumping Rights 129
17.10 Installations with One (1) Relief Letter
Carrier 129
17.11 Coverage of Known Absences – Other
Classifications – Group 2 130

ARTICLE 18
DESIGNATED PAID HOLIDAYS

18.01 Designated Paid Holidays 130

18.02 Designated Holiday During Vacation 131
18.03 Eligibility for Designated Holidays 132
18.04 Entitlement - Part-time Employees 132
18.05 Rest Day Moved 133
18.06 Leave on Rest Day Moved 133
18.07 Work on a Rest Day Moved 133
18.08 Guarantee 133
18.09 Meal and Rest Periods 133
18.10 Rates 135
18.11 Compensation for Work on a Holiday for
Groups 3 and 4 135
18.12 Method of Assigning Holiday Work for
Groups 1, 3 and 4 137
18.13 Work on a Designated Paid Holiday for
Group 2 137
18.14 Reduction of Staff 139
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ARTICLE 19
VACATION LEAVE

19.01 Definition and Entitlement 139

19.02 Fractional Rate 140
19.03 Fractional Entitlement 141
19.04 No Leave During First Six Months 141
19.05 Displacement of Vacation Leave 141
19.06 Accumulation of Vacation Leave 142
19.07 Vacation Pay Upon Termination 142
19.08 No Payback in the Event of Death 143
19.09 Vacation Pay 143
19.10 Vacation Pay Advance 145
19.11 No Work During Vacation Leave 146
19.12 Pre-retirement Leave 146
19.13 Vacation Leave Schedule 148
19.14 Number of Employees on Vacation Leave
in Groups 1, 3 and 4 148
19.15 Number of Employees on Vacation Leave
in Group 2 149
19.16 Replacements for Vacation Leave in
Group 1 153
19.17 Bidding for Vacation 154

ARTICLE 20
PERSONAL DAYS AND SHORT TERM DISABILITY
PROGRAM

A) GENERAL

20.01 Notification to Corporation of Absence 154

B) PERSONAL DAYS

20.02 Annual Allocation 155

20.03 Reconciliation of Annual Allotment of
Personal Days 156
20.04 Annual Payout and Carryover 156
20.05 When Employment Ends 157
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20.06 Usage of Planned and Preapproved

Personal Days 159
20.07 Usage of Urgent Personal Days 159

C) SHORT TERM DISABILITY PROGRAM

20.08 Top-Up Credits 160

20.09 Eligibility and Approval 160
20.10 Short Term Disability Benefits 163
20.11 Recurrences 167
20.12 Appeal Process 167
20.13 First Level Appeal 168
20.14 Final Appeal 169
20.15 Grievance Procedure 171

20.16 Extended Leave of Absence due to Illness

or Injury 171
20.17 Short Term Disability Program 171
20.18 Time Limits 172

ARTICLE 21
SPECIAL LEAVE

21.01 Marriage Leave 172

21.02 Bereavement Leave 173
21.03 Leave for Other Reasons 174
21.04 Restrictions on Special Leave 174
21.05 Scheduled Working Day 174
21.06 Quarantine Leave 175

ARTICLE 22
MEDICAL BOARDS

22.01 Veterans 175

ARTICLE 23
PARENTAL RIGHTS

23.01 Right to Maternity Leave 176

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23.02 Maternity Leave Allowance 177

23.03 Rate of Allowance 178
23.04 Birth or Adoption Leave 179
23.05 Parental Leave 180
23.06 Adoption Leave 182
23.07 Adoption Leave Allowance Eligibility 183
23.08 Rate of Allowance 184
23.09 Leave Without Pay for the Care and
Nurturing of Pre-School Age Children 185

ARTICLE 24
INJURY-ON-DUTY LEAVE

24.01 Eligibility for Leave 186

24.02 Part-time Employees - Injury-on-Duty
Leave 187
24.03 Injury-on-Duty Pending 187

ARTICLE 25
ISOLATED POST ALLOWANCE

25.01 Travel Leave 188

25.02 Transportation Problems 188
25.03 Allowance for Work in an Isolated Post 188

ARTICLE 26
LEAVE FOR UNION BUSINESS

26.01 Full-time Union Officers 189

26.02 Convention Delegates and Union
Representatives 189
26.03 Conference and Seminar Delegates 189
26.04 Work on Behalf of the Union 190
26.05 Granting of Leave 190
26.06 Employees to Remain on Payroll 190
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ARTICLE 27
OTHER LEAVES OF ABSENCE

27.01 Education Leave 193

27.02 Leave by Request and Military Leave 194
27.03 Court Leave 195
27.04 Personnel Selection Leave 196
27.05 Leave Without Pay for Relocation of
Spouse 197
27.06 Examination Leave With Pay 197
27.07 Career Development Leave With Pay 198
27.08 Leave Without Pay for Personal Needs
for Group 3 199
27.09 Leave Without Pay for Group 2 200
27.10 Sabbatical Leave 200
27.11 Leave Without Pay for Long-Term
Elder Care 201
27.12 Compassionate Care Leave 201

ARTICLE 28
SEVERANCE PAY

28.01 Acquired Rights 203

28.02 Entitlement 203
28.03 Terms of Payment 203
28.04 Transition 204
28.05 Departure Incentives 204

ARTICLE 29
TECHNOLOGICAL CHANGES

29.01 Definitions 207

29.02 Adverse Effects to be Eliminated 207
29.03 Notice 207
29.04 Pertinent Information Included 208
29.05 Labour-Management Meetings on
Changes 209
29.06 Agreement 209
29.07 Disagreement 209
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29.08 Right to Grieve and to Refer Grievances

to Arbitration 209
29.09 Appointment of the Arbitrator 210
29.10 Time Limits and Decisions of the
Arbitrator 210
29.11 Protection of Employees 210
29.12 Application of the Collective Agreement 213

ARTICLE 30
GROUP INSURANCE AND BENEFIT PLANS

30.01 Definitions 213

30.02 Extended Health Care Plan (EHCP) 214
30.03 Post-Retirement Health Care Benefits 214
30.04 Dental Plan 217
30.05 Hearing and Vision Plan 218
30.06 Disability Insurance Plan 219
30.07 Copies of Plan Documents 220
30.08 Provincial Medical Insurance Plan 220

ARTICLE 31
WICKET/COUNTER EMPLOYEES

31.01 Training 221

31.02 Security 221
31.03 Wicket/Counter Audit 221
31.04 Protection Against Shortage 222

ARTICLE 32
TRANSPORTATION AND TRAVEL

32.01 Transportation 223

32.02 Relief Assignment 223
32.03 Transportation Methods 224
32.04 Emergency Situations 224
32.05 Determination of Modes of Transportation 224
32.06 Private Vehicle 225
32.07 Travelling Time for Group 3 228
32.08 Travelling Time for Group 4 232
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ARTICLE 33
HEALTH AND SAFETY

33.01 Policy Statement 233

33.02 Corporation's Obligations 234
33.03 Joint Health and Safety Committees 235
33.04 Rights and Obligations of the Union 240
33.05 Rights and Obligations of Employees 242
33.06 Information and Investigations
Concerning Work Accidents 242
33.07 Free Transportation in the Event of
Serious Illness or Injury 243
33.08 First Aid Training 244
33.09 First Aid 244
33.10 Medical Examinations 245
33.11 Motorized Equipment 246
33.12 Restriction on Lifting 247
33.13 Right of Refusal 247
33.14 Observance of Environment Standards 249
33.15 Measuring the Quality of the Environment 249
33.16 Administration of the Legislation 250
33.17 Wages Maintained 250
33.18 Night Workers' Leave 251
33.19 Rest Periods on Coding or Keying Duties 251
33.20 Pregnant Employees 252
33.21 Noise Level 253
33.22 Dog Problem 254
33.23 Vehicles 254
33.24 Mail Service Courier and Letter Carrier
Motor Vehicle Operators 256
33.25 Studies 257
33.26 Stools 257
33.27 Dangerous Goods 257
33.28 Warning and Communication Systems
for Deaf or Hard of Hearing Employees 258
33.29 Power Units 258
33.30 Protective Footwear 258
33.31 Workplace Violence Prevention
and Protection 259
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ARTICLE 34
UNIFORMS AND PROTECTIVE CLOTHING

34.01 Entitlement 260

34.02 Standards 272
34.03 Using Up Inventory 273
34.04 New Employees’ Issue 273
34.05 Boots and Gloves 274
34.06 Temporary Equipment Loan 275
34.07 Uniforms and Protective Clothing Orders 276
34.08 Early Replacement 276
34.09 Corporation's Property 276
34.10 Uniform Standards 277
34.11 Exchange Items 277
34.12 Intermittent Outside Duties 278
34.13 Postal Aprons 278
34.14 Duster Coats 278
34.15 Cleaning 278

ARTICLE 35
PAYMENT OF WAGES AND ALLOWANCES

35.01 Rates 279

35.02 Implementation 279
35.03 Work in Another Classification 279
35.04 Rate of Pay - Reclassification 280
35.05 Pay Day and Itemized Statement of
Payments 280
35.06 Recovery of Overpayment 282
35.07 Mileage Allowance 283
35.08 Rate of Pay on Promotion, Demotion
and Transfer 284
35.09 Cost of Living Allowance (C.O.L.A.) 285
35.10 Red Circling for Group 3 288
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ARTICLE 36
GENERAL

36.01 Physical Facilities for Employees 290

36.02 Bulletin Boards 291
36.03 Plural or Feminine Terms May Apply 291
36.04 Copies of the Collective Agreement 291
36.05 Parking Areas 293
36.06 Amendments to Legislation 293
36.07 Employees Covered by the Collective
Agreement 293
36.08 Subtitles 293
36.09 Positions Outside the Bargaining Unit 294
36.10 Definition of Component for Group 2 294
36.11 Definition of Working Day 294
36.12 Route Information 294
36.13 Leave Year 295

ARTICLE 37
CONDITIONS NOT COVERED IN COLLECTIVE
AGREEMENT

37.01 Conditions Not Covered 296

ARTICLE 38
CLASSIFICATIONS

38.01 Classifications 296

38.02 Modification of an Existing Function 297
38.03 Creation of a New Function or of a New
Classification 297
38.04 Negotiation, Arbitration and
Implementation 297
38.05 Mandate of the Arbitrator 298
38.06 Effect of Agreement or Decision 299
38.07 Amalgamation of Classifications 299
38.08 Job Descriptions 299
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ARTICLE 39
WORK IN THE BARGAINING UNIT

39.01 Work in the Bargaining Unit 300

39.02 Staffing in Group 1 300
39.03 Work Force in Group 1 301
39.04 Extra Hours when Temporary
Employees are not Required in Group 1 302
39.05 Extra Hours when Temporary Employees
are Required in Group 1 303
39.06 Use of Part-time and Temporary
Employees 307
39.07 Long Term Absences in Group 1 307

ARTICLE 40
HUMAN RESOURCES DEVELOPMENT

A) GENERAL PROVISIONS
40.01 Policy and Objectives 309

B) TRAINING
40.02 Definition 310
40.03 Right to Training 310
40.04 Method of Training 310
40.05 Guarantee 311
40.06 Period of Training 311
40.07 Training Costs 311
40.08 Licensing and Examination Fee 312
40.09 Technical Training for Groups 3 and 4 312
40.10 Determination of Qualifications 313
40.11 Determination of Needs 313
40.12 Scholarship Fund 313

C) ACCESS TO POSITIONS IN GROUP 3

40.13 Encouraging Women to Apply 314

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D) TRAINING FOR MAIL SERVICE

COURIER (HEAVY VEHICLE) –
PO MSC(HV)-3 CLASSIFICATION

40.14 Training for Mail Service Courier (Heavy

Vehicle) Classification 315

ARTICLE 41
MEASUREMENT AND SURVEILLANCE

41.01 Group Measurement 315

41.02 Surveillance 316
41.03 Tracking or Localization 316
41.04 Groups 3 and 4 316
41.05 Utilization as Evidence 316

ARTICLE 42
PENSION

42.01 Information on Pension 317

ARTICLE 43
DURATION OF COLLECTIVE AGREEMENT

43.01 Term of the Agreement 318

43.02 Appendices 318
43.03 Extension of Collective Agreement 318
43.04 Period of Application 318
43.05 Notice to Bargain 318

ARTICLE 44
ENTITLEMENTS AND WORKING CONDITIONS
OF TEMPORARY EMPLOYEES

PART I
TEMPORARY EMPLOYEES IN GROUPS 1 AND 2

44.01 Seniority 319

44.02 Accumulation of Seniority 319
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44.03 Different System 319

44.04 Call-in Lists 319
44.05 Number of Call-in Lists 320
44.06 Probation Period 320
44.07 Placement on the Call-in Lists 321
44.08 Posting of Lists 321
44.09 New List 321
44.10 Movement From One List to Another 321
44.11 Availability and Termination of
Employment 322
44.12 Allocation of Work Assignments of Less
than Twenty (20) Days 322
44.13 Allocation of Work Assignments of
Twenty (20) Days or More 323
44.14 Five (5) Day Work Week 323
44.15 Bumping Rights 324
44.16 National Agreement 324
44.17 Provisions of the Collective Agreement
Applicable to Temporary Employees 324
44.18 Rate of Pay 325
44.19 Paid Holidays 325
44.20 Maternity, Parental and Adoption Leave
Without Pay 326
44.21 Leave with Pay for Arbitration 326
44.22 Bereavement Leave 326
44.23 Vacation Pay 327
44.24 Supplement 327
44.25 Training 327
44.26 Filling A Vacant Regular Position 328
44.27 Uniform Entitlement 329
44.28 Boot and Glove Allowance 330
44.29 Protective Clothing 330
44.30 Temporary Employees During the
Christmas Period 330
44.31 Union Rights 331
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PART II
TEMPORARY EMPLOYEES IN GROUP 3

44.32 Use of Temporary Employees in Group 3 331

44.33 Working Conditions of Temporary
Employees in Group 3 332
44.34 Offer of Employment for a Vacant Regular
Position 332

ARTICLE 45
TRANSFER - PROMOTION - DEMOTION -
RECLASSIFICATION

45.01 Definitions 333

45.02 Transfer, Promotion, Demotion 334
45.03 Reclassification 334
45.04 Staffing of a Reclassified Position 334

ARTICLE 46
RESTRUCTURING OF MAIL SERVICE COURIER
AND MAIL SERVICE COURIER (HEAVY
VEHICLE) ASSIGNMENTS

46.01 Restructuring 335

46.02 Definition of “Unit” 336
46.03 Union Observers 336
46.04 Forms 337
46.05 Minor Restructuring 338
46.06 Workload Assessment Exercise 338
46.07 Inapplicable Clauses 338
46.08 Restructuring of Mail Service Courier
(Heavy Vehicle) 338
46.09 Selection of Routes 339
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ARTICLE 47
RESTRUCTURING OF LETTER CARRIER
ROUTES

47.01 Definition of “Restructuring Exercise” and

Definition of “Unit” 339
47.02 Schedule 340
47.03 Union Observers 340
47.04 Access to Information 342
47.05 Irregularities 342
47.06 Timely Use of Volume Count Data 343
47.07 Conclusion of the Route Restructure
Exercise 343
47.08 Verification and Notification by the Union 344
47.09 Consultation 344
47.10 Disagreements 344
47.11 Grievance Procedure 345
47.12 Selection of Assignments 346
47.13 Types of Restructuring Exercises 346
47.14 Major Restructuring Exercise 346
47.15 Minor Restructuring Exercise 347
47.16 First Method in Case of Minor
Restructuring Exercise 347
47.17 Second Method in Case of Minor
Restructuring Exercise 348
47.18 Remaining Routes 348
47.19 Reduction of Assignments 348
47.20 Transferring of Routes From One Unit to
Another 349
47.21 Increase and Reduction of Routes 349
47.22 Result of Reorganization of Part-time
Routes 350
47.23 City Mail Volume Index 350
47.24 Summary of Adjusted Individual Route
Assessment 350
47.25 Geographical Area 351
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ARTICLE 48
WORK PATTERNS - LETTER CARRIERS

48.01 Starting Time 351

48.02 Normal Departure Times 352
48.03 Distribution of Work on Letter Carrier
Routes 353
48.04 Meal On Route 354
48.05 Processing of Mail 356
48.06 Normal Volumes 357
48.07 Abnormal Volumes 357
48.08 A.M. Finishing Time 358
48.09 Priority Mail 358
48.10 Relay Bundle Delivery 359

ARTICLE 49
WORK PATTERNS - MAIL SERVICE COURIERS

49.01 Starting Time 359

49.02 Distribution of Work on Mail Service
Courier Assignments 360
49.03 Part-time Mail Service Couriers 361
49.04 Relay Bundle Departure Time 362
49.05 Services Excluded from the MSCWSS 362

ARTICLE 50
ROLE OF LETTER CARRIER AND ROUTE
MEASUREMENT SYSTEM IN THE EVALUATION
OF WORK PERFORMANCE

50.01 Role of Letter Carrier and Route

Measurement System in the Evaluation
of Work Performance 363
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ARTICLE 51
SELECTION OF ASSIGNMENTS BY MAIL
SERVICE COURIER (RELIEF) AND MAIL
SERVICE COURIER (HEAVY VEHICLE)

51.01 Selection of Assignments and MSC

Priority Assignments 365
51.02 Determination of Assignments 367
51.03 Where There is No Work Available 367
51.04 Application for MSC(HV) 369
51.05 MSC(R) Complement 369

ARTICLE 52
SELECTION OF ASSIGNMENTS BY RELIEF
LETTER CARRIERS

52.01 Selection of Assignments 373

52.02 Determination of Assignments 375
52.03 Where No Work is Available 376
52.04 Relief Letter Carrier Complement 377
52.05 Relief Motorized Mail Courier 379

ARTICLE 53
EMPLOYMENT SECURITY

A. EMPLOYMENT SECURITY
53.01 and 53.02
Employment Security 380

B. DEFINITION
53.03 Definition 380

C. NOTICE AND INFORMATION

53.04 to 53.11
Notice and Information 380-383
 xxvi
PAGE

D. CREATING AND FILLING VACANT POSITIONS

WHERE SURPLUSES EXIST
53.12 to 53.14
Creating and Filling Vacant Positions
Where Surpluses Exist 383-384

E. DISPLACEMENTS OF SURPLUS EMPLOYEES

53.15 to 53.17
Displacements of Surplus Employees 384-385

F. DISPLACEMENTS OF EMPLOYEES
WHOSE POSITIONS ARE SURPLUS
53.18 Displacements of Employees whose
Positions are Surplus 386

G. RIGHT TO RETURN TO FORMER LOCATION

AND RELOCATION ALLOWANCES
53.19 to 53.21
Right to Return to Former Location and
Relocation Allowances 389

H. GENERAL PRINCIPLES
53.22 to 53.28
General Principles 390-391

I. TEMPORARY ASSIGNMENTS
53.29 to 53.32
Temporary Assignments 391

J. OTHER OPTION
53.33 and 53.34
Other Option 392

K. RECALL RIGHTS
53.35 to 53.38
Recall Rights 393
 xxvii
PAGE

ARTICLE 54
WORK REINTEGRATION PROGRAM

54.01 Duty to Accommodate 394

ARTICLE 55
STATUS OF EMPLOYEES

55.01 Definitions 396

55.02 Probation 396
55.03 Application of Collective Agreement
During Probationary Period 397
55.04 Probationary Employee 397

ARTICLE 56
PROTECTION AGAINST HARASSMENT

56.01 Policy Statement 397

56.02 Obligations 397
56.03 Definition of Harassment 398
56.04 The Right to File a Complaint with the
Corporation 398
56.05 Investigation 398
56.06 Confidentiality 399
56.07 Decision 400
56.08 Compensation 400
56.09 Right to Grieve 401
56.10 Right to File Complaints with the
Canadian Human Rights Commission 401
56.11 No Reprisal 401
 xxviii
PAGE

APPENDIX “A”
CLASSIFICATIONS AND WAGES 402

APPENDIX “B-1”
NOTICE OF CHANGE IN UNION AFFILIATION
OR STATUS CHANGE 426

APPENDIX “B-2”
NOTIFICATION OF IMPLEMENTATION OF
GRIEVANCE DECISION 427

APPENDIX “C”
RENEWAL OF AGREEMENTS ENTERED INTO
PRIOR TO THE COMING INTO FORCE OF THIS
AGREEMENT 428

APPENDIX “D”
NEIGHBOURHOOD MAIL 432

APPENDIX “D-1”
LETTER OF UNDERSTANDING ON THE
MEASUREMENT OF HOUSEHOLDER MAIL 439

APPENDIX “E”
LETTER CARRIER SERVICE 440

APPENDIX “F”
PRIORITY COURIER 442

APPENDIX “G”
BILINGUAL BONUS 443

APPENDIX “H”
ISOLATED POSTS ALLOWANCES 444
 xxix
PAGE

APPENDIX “I”
JOB RETENTION 446

APPENDIX “J”
LEAD HAND 449

APPENDIX “K”
LETTER CARRIERS – PROBLEMS WITH
CARRYING WEIGHT AND RELAY STOPS 451

APPENDIX “K-1”
LETTER CARRIER CARTS 454

APPENDIX “K-2” OVERBURDENING –

RELAY BOXES AND PARK AND LOOPS 455

APPENDIX “L”
CHILD CARE FUND 456

APPENDIX “M”
CONSULTATIVE COMMITTEE ON BENEFITS 460

APPENDIX “N”
DISABILITY INSURANCE PLAN APPEAL
PROCESS 462

APPENDIX “O”
CENTRALIZED RELIEF GROUP - FOR GROUP 1
(POSTAL STATIONS) 464

APPENDIX “P”
FULL-TIME STAFF IN GROUP 1 465

APPENDIX “Q”
THE APPLICATION OF CLAUSE 9.51 470

APPENDIX “R”
INTERNATIONAL POSTAL FUND 471
 xxx
PAGE

APPENDIX “S”
PARCEL DELIVERY MODEL 473

APPENDIX “T”
SERVICE EXPANSION AND INNOVATION AND
CHANGE COMMITTEE 492

APPENDIX “T-1”
LABOUR-MANAGEMENT RELATIONSHIP 506
COMMITTEE

APPENDIX “U”
UNION EDUCATION FUND 508

APPENDIX “V”(1)
LETTER CARRIER ROUTE MEASUREMENT
SYSTEM AND MAIL SERVICE COURIER
WORKLOAD STRUCTURING SYSTEM 510

APPENDIX "V"(2)
DEFINITION OF LETTER CARRIER ROUTE
MEASUREMENT SYSTEM AND MAIL SERVICE
COURIER WORKLOAD STRUCTURING SYSTEM 515

APPENDIX "V"(3)
OVER-ASSESSED ROUTES 517

APPENDIX "W"
TRANSITION PROVISIONS ON ARTICLE 13 518

APPENDIX "X"
THE APPLICATION AND INTERPRETATION
OF ARTICLE 29 - TECHNOLOGICAL CHANGE 519

APPENDIX "Y"
EXEMPTION TO CLAUSE 18.02 (a)(ii)
CHRISTMAS LETTER CARRIER SERVICE 520
 xxxi
PAGE

APPENDIX "Z"
MANPOWER TRANSITION AGREEMENTS 522

APPENDIX "AA"
COLLECTION AND DELIVERY OPERATING
MODEL 524

APPENDIX "BB"
FLEXIBLE MEAL PERIOD 529

APPENDIX "CC"
LETTER CARRIER ROUTE MEASUREMENT
SYSTEM (LCRMS) AND MAIL SERVICE
COURIER WORK STRUCTURING SYSTEM
(MSCWSS) MANUALS (LETTER) 531

APPENDIX "DD"
NATIONAL JOINT HEALTH AND SAFETY
COMMITTEE OPERATING MODEL
(MEMORANDUM OF AGREEMENT) 538

APPENDIX "EE"
SICK LEAVE 544

APPENDIX "FF"
EMPLOYEES ON SICK LEAVE AS OF THE
DATE IN WHICH THE SHORT TERM DISABILITY
PROGRAM IS IMPLEMENTED 551

APPENDIX "GG"
DRIVER’S LICENSE ABSTRACT 552

APPENDIX “HH”
HUMAN RIGHTS AND WORKPLACE CONFLICT
(LETTER) 555

APPENDIX “II’
CORPORATE TEAM INCENTIVE 558
 xxxii
PAGE

APPENDIX “JJ”
PICKUP AND PARCEL DELIVERY OUTSIDE THE
REGULAR DAILY DELIVERY NETWORK 559

APPENDIX “KK”
PERCENTAGE OF COVERAGE AND MAIL VOLUME
INDEX 558

APPENDIX “LL”
OVERTIME ON A ROUTE 569

APPENDIX “MM”
PROCEDURE FOR THE REVIEW OF SENIORITY
DATES 572

APPENDIX “NN”
POST-RETIREMENT HEALTH CARE BENEFITS
(LETTER) 574

APPENDIX “OO”
TEMPORARY PEAK WORKFORCE 575

APPENDIX “PP”
HOLDING VACANT POSITIONS IN GROUP 2 WHEN A
REDUCTION IN THE NUMBER OF POSITIONS IS
EXPECTED 579

APPENDIX “QQ”
LETTER CARRIER ROUTE VOLUME UPDATES 581

APPENDIX “SS”
SAFETY WATCHERS IN HIGH-RISK
SITUATIONS (LETTER) 583

APPENDIX “TT”
UNADDRESSED ADMAIL PRODUCT
SPECIFICATION (LETTER) 586
 1

ARTICLE 1

PURPOSE OF AGREEMENT
1.01 Purpose

The purpose of this collective agreement

between the Canadian Union of Postal Workers hereinafter
referred to as “the Union” and Canada Post Corporation
hereinafter referred to as “the Corporation” is to establish
and maintain rates of pay, hours of work, other working
conditions and conditions of employment, and to provide
appropriate procedures for the resolution of grievances and
problems during the term of the collective agreement.

ARTICLE 2

MANAGEMENT RIGHTS

2.01 Rights

It is recognized that the Corporation exercises

rights and responsibilities as management, which are
subject to the terms of this collective agreement.

ARTICLE 3

RECOGNITION

3.01 Sole and Exclusive Bargaining Agent

The Corporation recognizes that the Union is

the sole and exclusive bargaining agent for all employees
covered under the bargaining certificate issued to the Union
by the Canada Industrial Relations Board.
 2

3.02 Consultation and Discussion

In view of this recognition and in accordance

with structures provided for in this collective agreement, the
parties agree to discuss and consult each other on all
matters pertaining to their working relationship.

3.03 Full Force and Effect

All matters covered under the provisions of this

collective agreement shall have full force and effect on the
Corporation, the Union and the employees in the bargaining
unit.

3.04 Union Access to Place of Employment

(a) Full-time officers of the Union, or local officers

not on post office duty, will be granted
permission to enter the non-public area(s) of a
postal installation, providing they contact the
organizational level of the Corporation
equivalent to that of the Union representative
who desires access or the management
representative in charge on duty, to state the
approximate time, place and purpose of the
visit.

(b) Where it is not possible to make the

arrangements described in paragraph 3.04(a),
officers of the Union will be granted
permission to enter a postal installation,
provided they first contact the management
representative in charge on duty, state the
purpose of their visit and secure that
permission.
 3

At the commencement of the visit they will

identify themselves to the management
representative in charge on duty.

3.05 Rights of Union Representatives

The provisions contained in clause 3.04 do not

apply to meetings between Union officers and
representatives of the Corporation, nor are they to be
construed as affecting the activities of Union officers
specifically provided for in Articles 9 and 10 of this collective
agreement.

ARTICLE 4

UNION DUES

4.01 Compulsory Check-Off

(a) The Corporation shall, as a condition of

employment, deduct from the monthly
earnings of all the employees in the
bargaining unit, the ordinary membership
dues of the Union, the amount of which may
vary according to different locations.

(b) The Corporation shall not levy a charge upon

the Union or its members for rendering this
service.

(c) Subject to the provisions of this article, the

Corporation shall also deduct, as Union dues,
a special levy ordered by the Union, not more
than once a year, provided that this levy is
uniform and is payable by all the employees of
the bargaining unit. The special levy shall, at
the request of the Union, be deducted over a
 4

period of more than one (1) month.

4.02 Setting of Dues

The Union shall inform the Corporation by

means of a data storage medium of the authorized
membership dues to be checked off in accordance with
clause 4.01.

4.03 Dues Begin Immediately

For the purpose of applying clause 4.01,

deductions from pay for each employee in respect of each
month will start from the first month of employment to the
extent that earnings are available. Where an employee does
not have sufficient earnings in respect of any month to permit
deductions, the Corporation shall not be obliged to make
such deductions from subsequent salary.

4.04 Remit Dues the Next Month

The amounts deducted in accordance with

paragraph 4.01(a) shall be remitted to the Union by cheque
on the 15th of the month following the month in which the
deductions were made and shall be accompanied by
particulars identifying each employee and the deductions
made on his or her behalf.

4.05 Corporation's Liability on Check-Off

The Union agrees to indemnify and save the

Corporation harmless against any claim or liability arising out
of the application of this article, except for an error
committed by the Corporation in the amount of dues
deducted; however,
 5

(a) where such error results in the employee

being in arrears for dues deductions, recovery
is to be made by making one additional
deduction each month in an amount not to
exceed the established monthly deduction
until the arrears are recovered in full;

(b) where such an error results in an

overdeduction of dues and the money has not
been remitted to the Union, the Corporation
shall reimburse the employee in the amount of
the overdeduction. Such overdeduction shall
be reimbursed under normal circumstances in
the month following the month in which the
overdeduction and the failure to remit the
dues to the Union are verified.

4.06 Additional Information

The Corporation agrees to provide the Union

with all necessary supplementary information, including
computerized data, in order that the bargaining agent may
adequately verify the check-off of Union dues for all
employees belonging to the bargaining unit.

The Corporation will provide the Union with all

available information related to Union dues.

4.07 Compulsory Membership

(a) Any regular employee hired after the signing

of this agreement shall, as a condition of
employment, become a member of the Union
at the time of hiring, or as soon as possible, in
accordance with clause 6.03.
 6

(b) The Corporation will not be obliged to

terminate any employee whose membership
rights have been revoked by the Union.

4.08 T4 Slips

The Corporation shall report on the employees'

T4 slips and Relevés 1 the amount deducted as Union dues,
provided the Union is complying with the requirements
and/or conditions imposed by legislation, regulation or
governmental administrative practices in respect of such
report. The reported amount shall reflect the amount
appearing on the pay stubs for the corresponding taxation
year.

4.09 Check-Off for Life Insurance

The Corporation shall provide a monthly

check-off of insurance premiums payable on life insurance
plans provided by the Union for its members upon
production of appropriate documentation, provided the
amounts so deducted are separate from the Union dues.
There will therefore be two (2) separate monthly deductions
for the Union dues and insurance premiums. The
Corporation will not levy a charge upon the Union for
rendering this service.

The deductions from an employee's pay for a

Union insurance program is revocable on notice in writing
from the employee to the Corporation or the Union.
 7

ARTICLE 5

DISCRIMINATION
5.01 Discrimination

There shall be no discrimination, interference,

restriction, coercion, harassment, intimidation, or stronger
disciplinary action exercised or practised with respect to an
employee by reason of age, race, creed, colour, national
origin, political or religious affiliation, sex, physical or
emotional handicap, sexual orientation, gender expression,
gender identity, marital status, family status, genetic
characteristics, conviction for an offence for which a

pardon has been received, or membership or activity in the

Union.

5.02 Use of Leave Provisions

An employee who is or has been on leave

under any provisions of the collective agreement shall not be
importuned or disciplined because he or she is or has been
on leave unless it has been established that the employee
dishonestly took advantage of the provisions of the said
agreement.

5.03 Polygraph Testing

The Corporation and its representatives will

not initiate, suggest, demand or otherwise intimate that any
employee is expected or required to submit, for any reason,
to polygraph testing, nor will the results of such testing be
used as evidence in arbitration hearings.

Where tests have been taken or refused by

any party involved in an arbitration, neither party may refer to
 8

this in the arbitration.

5.04 Interpreter for Deaf or Hard of Hearing

Employees

When a deaf or hard of hearing employee

receives formal training or is required to attend an interview,
a grievance hearing or an arbitration and the employee
requests an independent sign or oral language interpreter,
the Corporation shall provide such services.

The Corporation will reimburse the registration

fees, in accordance with the Corporation’s Tuition
Reimbursement Guidelines, of employees who take Sign
language courses to better communicate with employees
who are deaf or hard of hearing.

5.05 Common Law Spouse

For the purpose of this collective agreement

and the benefits it provides for, including insurance plans, a
“common-law spouse” relationship is said to exist when, for a
continuous period of at least one (1) year, or less if a child is
born of the relationship, an employee has lived with a
person, represented that person to be his or her spouse, and
lives and intends to continue to live with that person as if that
person were his or her spouse, and the word “spouse”
includes a “common-law spouse”.

ARTICLE 6

COMMUNICATIONS

6.01 Information Essential to the Union

The Corporation shall provide the Union with

copies of written communications issued by the
 9

headquarters of the Corporation that affect working

conditions or conditions of employment of employees in the
bargaining unit, and this, at least thirty (30) calendar days
before the introduction of a change.

6.02 Notification of the Union

Whenever one of the events described in

Appendix “B-1” occurs, the Corporation agrees to provide,
without delay but within fifteen (15) calendar days, the Union
with the information described in Appendix “B-1”.

In the event that multiple changes are made

and the information is identical, the name, address and
employee number of the employees affected may be
included with the information described in Appendix “B-1”.

6.03 New Employees

(a) The Corporation agrees to acquaint new

employees with the fact that a collective
agreement is in effect. On the first day of
work, the supervisor shall:

(i) provide the employee with a copy of

the collective agreement;

(ii) introduce the employee to his or her

union steward and his or her
alternate.

(b) On the first day's work of an employee in a

new assignment, the supervisor shall
introduce the employee to his or her union
steward and his or her alternate.
 10

(c) During the first week of work of new

employees or employees in a new
assignment, the union steward or his or her
alternate shall be allowed, during the hours of
work, a period of fifteen (15) minutes to confer
with them.

6.04 Organizational Charts

The Corporation shall provide the Union with

organizational charts indicating the authority structure of the
Corporation at the national level and by division within thirty
(30) calendar days of the signing of the collective agreement.

6.05 List of MAPP Areas, Plants and Post

Offices

(a) The Corporation shall acknowledge that the

list of MAPP areas, mechanized plants, post
offices, and sections thereof, with which the
Union was furnished at the time of the signing
of this agreement, is correct.

(b) The Corporation shall provide the Union with a

list of the postal installations that are included
in MAPP areas and post offices within thirty
(30) calendar days of the signing of the
collective agreement. Any subsequent
change made to the list will be provided to the
Union at least thirty (30) days prior to such a
change.

(c) The Corporation further acknowledges that

the geographical spread of all of the
installations within a post office as identified
above will not exceed an area beyond that
which can be encompassed by a circle having
 11

a radius of forty (40) kilometres. It is

understood, however, that the Corporation
may maintain any post offices which exceed
the above geographical limitations which were
in place on January 31, 1995.

(d) The Corporation shall advise in writing the

Union at the national and local level of any
change to the list referred to in paragraph
6.05(a) at least ninety (90) calendar days in
advance. Upon receipt of this notice, the
Corporation and the local Union shall hold
meaningful consultation on the changes being
considered by the Corporation.

6.06 Electronic Versions of Documents

By agreement, any notice, information or

document to be provided by one party to the other under a
provision of this collective agreement may be provided
electronically instead of on paper or in addition to the paper
copy.

ARTICLE 7

CORRESPONDENCE AND CONTACTS

7.01 Contacts

Each party shall notify the other of the officers

at the respective levels to whom correspondence and
contacts should be directed and of any changes that may
occur during the term of this agreement.
 12

ARTICLE 8

LABOUR-MANAGEMENT MEETINGS
8.01 Principle

The Corporation and the Union recognize that

constructive and meaningful consultation is necessary in
order to reach agreement on all the subjects mentioned in
this article.

However, nothing in this article precludes

meetings for discussion and consultation which may be held
outside the process of labour-management consultation on
any matter of mutual interest.

(a) The above principle shall encompass the

exchange of information and the seeking and
considering of the advice and views of each
party, with full opportunity for discussion and
appropriate comments.

(b) The above principle does not imply

unanimous or majority agreement, nor does it
interfere with management or Union rights
arising out of the collective agreement.

8.02 Time and Location of Meetings

When one of the parties requests a meeting for

a specified purpose or purposes, the other shall agree to a
time, date and location. All meetings shall be held on the
Corporation's premises at a time and for a duration
determined by mutual agreement.
 13

8.03 Level of Consultation

The consultations shall be held at the local or

national level or at any other level agreed to between the
parties affected by the matters to be discussed.

All levels of both Union and management shall

be informed of the understandings reached and the
decisions made at any particular level.

8.04 Consultation Between Union Locals and

Local Management

There can be consultation between Union

locals and local management on the following matters:

(a) changes in system of work; Article 13

(b) equal opportunity for overtime work; Article 15

(c) health and safety; Article 33

(d) physical facilities for employees; Article 36.

8.05 Local Agreements

Any signed agreement arising from local

consultation under the preceding clause shall be precisely
recorded in the minutes of the meeting and shall govern the
relationship between the parties within the jurisdiction for
which such agreement has been concluded, subject to the
following conditions:

(a) the local agreement shall not contradict this

collective agreement;

(b) the local agreement shall require the written

 14

approval of the authorized national official of

the Union and of an authorized national
representative of the Corporation.

8.06 Right to Grieve and to Refer Grievances to

Arbitration

Subject to the provisions of clause 8.05, any

agreement concluded by the parties under this article has
the same effect as any provision of this collective
agreement, and is subject to the grievance procedure,
including arbitration.

8.07 Grievance Procedure Separate

Labour-management meetings described in this

article shall not deal with grievances being processed under
the provisions of the article on grievance procedure.

8.08 Violations

If the Corporation, in the opinion of the

arbitrator, has failed to hold constructive and meaningful
consultations in an effort to reach agreement on a matter
requiring such consultation by virtue of this article, the
arbitrator shall require the Corporation to rescind the
disputed decision, restore the situation prevailing prior to the
disputed decision or action, and make restitution where
appropriate, in addition to any other corrective action he or
she may impose.

8.09 Paid Attendance

(a) Union representatives attending Union-

management meetings shall not suffer any
loss of regular pay for travelling to or from or
 15

attendance at such meetings on the day on

which the meeting is held. As far as
practicable, meetings will be held during the
scheduled hours of the representatives
participating.

(b) If the activities conducted in paragraph

8.09(a) are conducted outside the employee's
scheduled hours of work, the employee's
schedule will be changed to the shift during
which the activities take place, and the
provisions concerning schedule and shift
changes will not apply.

8.10 Reference of Disagreement

Where the parties cannot reach agreement on

an issue submitted to consultation according to the terms of
clause 8.04, that issue shall be referred for arbitration to an
arbitrator listed in the current collective agreement.

The arbitrator's decision shall be binding on the

parties.

8.11 Minutes of Union-Management Meetings

The Corporation shall provide the participating

Union representatives with minutes (as complete as
possible) of the proceedings of any Union- management
meeting within a period which shall not exceed ten (10)
calendar days of the date the meeting was held.

In the case of meetings at the local level, a

copy of the minutes is sent within the same time limit to the
National Director responsible for the local concerned.
 16

8.12 Union Representatives

Full-time representatives of the Union may

attend, without restrictions, any Union-management meeting
at any level.

ARTICLE 9

GRIEVANCE AND ARBITRATION PROCEDURE

Definitions

9.01 In this article:

(a) “grievance” means a complaint in writing

presented by the Union;

(b) “authorized representative of the Union”

means a person designated by the Union to
deal with grievances;

(c) “Union steward” means a postal employee

appointed or elected by the Union to act as an
authorized representative of the Union.
In the event that the Union steward is unable
to perform his or her function, the Union will
designate or substitute another postal
employee to act on his or her behalf;

(d) “Corporation” means a person authorized to

respond in writing to grievances.

Representatives

9.02 The Union shall notify the Corporation in

writing of the names and areas of jurisdiction of the persons
authorized to represent the Union and/or the employees for
 17

the purposes of this article and shall promptly notify the

Corporation in writing of any changes in these names.

9.03 The Corporation shall designate a

representative in the grievance procedure and shall inform
the Union at the national, regional and local levels of the
name and title of the representative so designated, together
with the name, title and address of the supervisor or local
officer to whom a grievance is to be presented.

Recognition of Union Stewards

9.04 The Union steward shall have the right to

prepare and present grievances in accordance with the
procedure herein provided for and, for that purpose, shall
have the right to meet with the employee on behalf of whom
the grievance could be submitted.

It is understood that this right shall be granted

during the Union steward's shift or, at the latest, at the start of
his or her following shift.

9.05 No person who is employed in a managerial or

confidential capacity shall seek to intimidate, by threat of
discharge or by any other kind of threat, a representative of
the Union or an employee on whose behalf he or she is
preparing a grievance to cause him or her to refrain from so
doing or withdraw a grievance or refrain from presenting a
grievance as provided for in this agreement.

Rights and Responsibilities of Union Stewards

9.06 The Corporation agrees that Union stewards

shall not be hindered, constrained, prevented nor impeded in
any way in the accomplishment of their duties while
investigating complaints and representing employees in
accordance with the provisions of this article. Whenever the
 18

Union steward decides to investigate an urgent complaint,

he or she shall seek from his or her supervisor permission to
leave his or her work, indicating the nature of the complaint,
and such permission shall be granted to him or her within the
next thirty (30) minutes. For the purposes of his or her
investigation, he or she shall be allowed all the reasonable
time required, and he or she shall report to his or her
supervisor before returning to his or her normal functions.

Rights of Employees to Complain

9.07 Both parties recognize that an employee,

accompanied by a Union steward if he or she so wishes, has
the right to discuss with his or her supervisor any question or
complaint relating to his or her working conditions and
conditions of employment, including those governed by the
provisions of this agreement, without prejudice to the right of
the Union to have subsequent recourse to the grievance
procedure.

Right to Present a Grievance

9.08 An authorized representative of the Union may

present a grievance if he or she believes that an employee, a
group of employees, the employees as a whole or the Union
have been aggrieved or treated in an unjust or unfair
manner.

Right to Present a Policy Grievance

9.09 An authorized representative of the Union or a

national representative of the Corporation may present a
policy grievance in order to obtain a declaratory decision. A
policy grievance may be presented in the following cases:

(a) where there is a disagreement between the

Corporation and the Union concerning the
 19

interpretation or the application of the

collective agreement;

(b) where the Union is of the opinion that a policy,

directive, regulation, instruction or
communication of the Corporation has or will
have the effect of contravening any provision
of the collective agreement, of causing
prejudice to employees or the Union or of
being unjust or unfair to them.

Time Limit on Grievance

9.10 A grievance concerning only one employee

may be presented by an authorized representative of the
Union not later than the twenty-fifth (25th) working day after
the date on which this employee first became aware of the
action or circumstances giving rise to the grievance.

9.11 A grievance concerning a group of employees

may be presented by an authorized representative of the
Union not later than on the first of the two following dates:

(a) the twenty-fifth (25th) working day after the

date on which the last employee of the group
first became aware of the action or
circumstances giving rise to the grievance;

or

(b) the twenty-fifth (25th) working day after the

date on which the Union first became aware of
the action or circumstances giving rise to the
grievance;

(c) notwithstanding paragraphs 9.11(a) and (b),

not later than the sixtieth (60th) working day
 20

following the date on which the first employee

of the group first became aware of the action or
circumstances giving rise to the grievance.

9.12 A grievance concerning the employees of the

bargaining unit as a whole or the Union as such may be
presented by an authorized representative of the Union no
later than the twenty-fifth (25th) working day after the date on
which the Union first became aware of the action or
circumstances giving rise to the grievance.

9.13 A policy grievance may be presented by an

authorized representative of the Union at any time.

Description of the Grievance

9.14 The written description of the nature of the

grievance shall be sufficiently clear so as to determine the
relationship between the grievance and the provisions of the
collective agreement. During the grievance procedure, the
Union shall, at the request of the Corporation, endeavor to
clarify the written description of the grievance. The Union
may clarify the written description of the grievance without
changing its substance.

Substance of Grievance Takes Priority

9.15 A grievance shall not be deemed to be invalid

or defeated by reason of technical irregularity, or the fact it is
not written on or in accordance with the grievance form
supplied by the Corporation, or the fact that it was not
presented in accordance with clauses 9.16, 9.17 and 9.23.

Presentation of Grievances

9.16 Where the Union wishes to present a

 21

grievance, an authorized representative of the Union shall

transmit the grievance to a supervisor or local officer in
charge who shall forthwith:

(a) enter on the grievance and the copies the

date on which the grievance was received;

(b) provide the representative of the Union with a

copy of the grievance;

(c) forward the grievance to the representative of

the Corporation authorized to reply to the
grievance at the appropriate level.

9.17 Notwithstanding clause 9.16, an authorized

representative of the Union may transmit the grievance
directly to the person designated by the Corporation at its
head office in the case of a collective grievance concerning a
group of employees, the employees as a whole or the Union,
and in the case of a policy grievance.

Grievance by Mail

9.18 Where the provisions of the clause on the

submission of grievances cannot be complied with and it is
necessary to present a grievance by mail, the grievance
shall be deemed to have been presented on the day on
which it is postmarked and it shall be deemed to have been
received by the Corporation on the day it is delivered to the
appropriate office of the Corporation. Similarly, the
Corporation shall be deemed to have delivered a reply on
the date on which the letter containing the reply is
postmarked, but the time limit within which the Union may
refer the grievance to arbitration shall be calculated from the
date on which the Corporation's reply was delivered to the
address shown on the grievance form.
 22

If Grievance not Received

9.19 Where the Union can establish that a

grievance has been presented and the Corporation has not
received same, the grievance may be resubmitted. Such
presentation shall have the same force and effect as the first
grievance submitted. A second grievance shall not be
presented later than the thirtieth (30th) working day following
the date on which the first grievance was presented.

Codification and Copies of Grievances

9.20 The Corporation agrees to inscribe on copies

of its reply the codification indicated on every grievance
submitted.

9.21 The Corporation agrees to distribute to the

Union copies of the grievances submitted and copies of its
reply in the following manner:

3rd copy to the national office of the Union;

4th copy to the regional office of the Union;
5th copy to the local office of the Union;
6th copy to the employee on behalf of whom
the grievance has been submitted.

Grievance Meetings

9.22 The parties agree on the desirability of holding

regular meetings for resolution of grievances on a weekly
basis. Such meetings should be agreed on mutually at the
appropriate level to ensure that there is no delay in the
resolution of grievances.

9.23 Except as otherwise provided for in the

collective agreement, a meeting within the context of the
grievance procedure shall be held in the following location:
 23

(a) LOCAL LEVEL: with the authorized

representative of the Corporation; the meeting
is held in the postal installation of the
authorized representative of the Corporation;

(b) NATIONAL LEVEL: with the Corporate

Manager, Labour Relations, or his or her
delegate at head office; the meeting is held at
the head office of the Corporation for all
grievances submitted under clause 9.17.

Permission to Leave Work

9.24 Where the presence of an employee

concerned by a grievance is required by the Union in order
to discuss this grievance with the Corporation at the local
hearing of the grievance procedure, the employee shall
obtain the permission of his or her supervisor before leaving
his or her work for this purpose. Such permission shall be
granted as soon as possible and shall not be withheld
unreasonably. The employee shall report back to his or her
supervisor before resuming his or her normal duties.

Corporation's Reply

9.25 Within twenty (20) working days after receipt of

a grievance, the Corporation shall reply in writing to the
grievance.

Content of the Reply

9.26 The reply of the Corporation shall be

sufficiently clear so as to determine the relationship between
the collective agreement, the grievance and the
Corporation's decision.
 24

Failure to Reply by the Corporation

9.27 If the Corporation does not reply to the

grievance within the prescribed time limit, the grievance may
be referred to arbitration after the last day on which the
Corporation was required to reply to the grievance.

Final Decision

9.28 Where a representative of the Corporation

sustains a grievance, such a decision is final and binding
upon the Corporation and should be implemented without
delay.

Exceptionally, if the decision involved was

reached at or as a result of a local hearing, the Corporation
may disallow it in writing within fifteen (15) working days and
thus delay its implementation. In such a case, the grievance
may be referred to arbitration.

9.29 In the case of a grievance sustained during the

grievance procedure or at arbitration, the Corporation shall
inform the local, regional and/or national levels, as
appropriate, of the Union and the employee concerned by
way of the form shown in Appendix “B-2” of the action taken
to implement the redress requested.

Further, should the sustaining of a grievance

result in monetary compensation to an employee, the
grievance number will be included on the employee’s pay
stub when the monies are paid.

9.30 If the decision is not implemented, the Union

may, after thirty (30) working days, refer the grievance to
arbitration and the arbitrator is then bound by the decision
reached by the representative of the Corporation.
 25

Changes in Time Limits

9.31 The time limits specified above are maximum

time limits, in order to provide for circumstances which might
cause delays. The parties agree that grievances shall be
processed as expeditiously as possible. However, the time
limits stipulated in this procedure may be extended by
mutual agreement between the Corporation and the Union.

Withdrawal of Grievances

9.32 The Union may, by written notice, withdraw a

grievance at any time. The withdrawal of a grievance shall
not prejudice the position of the Union on any other
grievance of a similar nature.

Right to Arbitration

9.33 When a grievance has been presented and

has not been dealt with to the satisfaction of the Union, the
Union may refer such grievance to arbitration if it is a
complaint concerning:

(a) the interpretation, application, or alleged

violation of the collective agreement, including
any disciplinary measure and termination of
employment;

(b) any alteration of an existing working condition

concerning the payment to an employee of a
premium, an allowance or other financial
benefit, or any discriminatory application of
such premium, allowance or financial benefit.

Reference to Arbitration

9.34 When the Union decides to refer a grievance to

 26

arbitration, it shall notify the Corporation in writing. This

notice shall be given not later than the thirtieth (30th) working
day after the Union has received the reply of the
Corporation.

The time limits stipulated in this procedure

may be extended by mutual agreement in writing between
the Corporation and the Union.

An arbitrator may extend the time for referring

a grievance to arbitration, notwithstanding the expiration of
such time, where the arbitrator is satisfied that there are
reasonable grounds for the extension and that the other
party will not be prejudiced by the extension.

Irregularities

9.35 The following procedure is established in order

to accelerate the final resolution of grievances. Therefore, a
grievance shall not be defeated because of any irregularities
occurring in the application of this procedure.

Sole Arbitrator

9.36 Grievances referred to arbitration shall be

heard by a sole arbitrator.

Lists of Arbitrators

9.37 The arbitrator who shall hear a grievance is

designated in accordance with the procedure in this article.

9.38 For the purpose of this procedure, the parties

agree that there are five geographical areas: the Atlantic
Provinces, the Province of Quebec, the Province of Ontario
and Nunavut, the Provinces of Alberta, Manitoba,
Saskatchewan and the Northwest Territories, and the
 27

Province of British Columbia and the Yukon.

9.39 The following persons shall act as arbitrators to

hear the grievances coming from the area for which they are
appointed for the area formal and regular grievance
procedures.

ATLANTIC PROVINCES

B. Archibald
B. Outhouse
J.A. MacLellan
W. Thistle

PROVINCE OF QUEBEC

A. Rousseau
J.G. Clément
A. Bergeron
M. Morin

PROVINCE OF ONTARIO AND NUNAVUT

K. Burkett
K. Swan
O. Shime
P. Picher
K. Hinnegan
F. Von Veh
A. Ponak

PROVINCES OF ALBERTA, MANITOBA

AND SASKATCHEWAN AND NORTHWEST
 28

TERRITORIES

T.A.B. Jolliffe
K. Norman
R. Hornung
D. Jones

PROVINCE OF BRITISH COLUMBIA AND

THE YUKON

V. Ready
J.M. Gordon
J. Korbin
S. Lanyon
D.C. McPhillips

9.40 The national list of arbitrators shall be used for

policy grievances, grievances concerning the unit as a
whole, grievances concerning the Union as such and
grievances concerning employees in more than one area
described above. The national arbitrators shall by rotation
be assigned grievances in the chronological order in which
they were referred to arbitration, unless the parties agree
otherwise.

NATIONAL LIST OF ARBITRATORS

Kevin Burkett
Ken Swan
T.A.B. Jolliffe
André Bergeron

9.41 Should a person hereinabove designated

refuse or be unable to act as arbitrator, the parties shall
appoint another person as substitute. If the parties are
unable to agree on the selection of a person, the substitute
shall be appointed by the Minister of Labour upon request by
 29

either party.

9.42 The parties may at any time agree that a

grievance be referred to an arbitrator whose name does not
appear on the lists hereinabove. In such a case, the
arbitrator is selected by the parties and if they are unable to
agree, he or she shall be appointed by the Minister of Labour
upon request by either party.

Hearing Dates

9.43 The arbitrator to whom the grievance was

referred shall promptly hear the parties. He or she may, ex
officio, call the parties to proceed with the hearing of the
grievance and proceed in the absence of a party if such
party was duly notified of the hearing.

9.44 Forthwith upon the signature of this agreement

and periodically thereafter, the parties shall make
arrangements with every arbitrator to set apart in advance a
list of hearing days for each month of the year. The number
of days so determined by all the arbitrators of an area shall
allow enough time to expeditiously dispose of all the
grievances coming from this area. In case of a
disagreement between the parties on the number of days or
on the specific dates that an arbitrator shall set apart for the
parties, he or she shall decide.

Notwithstanding the above, the parties agree

that no hearings shall be held between December 10 and
January 3 inclusively, except in cases under clauses 9.87 to
9.98. Moreover, the parties shall set apart no more than one
(1) hearing date for each arbitrator from December 1 to
December 9.

9.45 At least half the hearing days set apart by area

arbitrators shall be used for the hearing of grievances heard
 30

under the regular arbitration procedure.

9.46 If the designated arbitrator did not set apart

days for hearings or if the days so reserved are no longer
available or too far away, the arbitrator shall, upon request
by either party, determine a day or days to commence and
pursue the hearing.

9.47 Where the designated arbitrator is unable to

commence the hearing of the grievance within sixty (60)
calendar days or where he or she refuses or is unable to act,
the Union may then call upon the following arbitrator of the
appropriate list to hear the grievance in following the
procedure set forth in clauses 9.50 to 9.80.

Location of the Sittings of Arbitration

9.48 The sittings of arbitration shall be held in the

Corporation's offices or any other facilities provided by the
Corporation.

Upon receipt of the notice provided for in

clauses 9.52, 9.72 and 9.79, the Corporation shall make
arrangements to provide premises for the sittings of
arbitration and notify in writing the arbitrator and the Union
accordingly.

Arbitration Procedures

9.49 Subject to the following exceptions, all

grievances shall be heard in conformity with the regular
arbitration procedure. Grievances concerning termination of
employment including release for incapacity grievances
(10.10), grievances that concern the unit as a whole or the
Union as such, grievances concerning employees in more
than one area, and policy grievances shall be heard in the
formal procedure.
 31

Regular Arbitration Procedure

9.50 The regular arbitration procedure is an informal

and accelerated mechanism to facilitate a more speedy
settlement of grievances arising out of the application of the
collective agreement.

9.51 The grievances will be assigned to the

arbitrators on the area list in the chronological order of the
date in which they were referred to arbitration pursuant to
clause 9.34. A modification may be brought to the
chronological order to allow the hearing of a grievance in a
location other than the location where it was presented.

9.52 The Union shall forward to the Corporation a

list of the grievances to be heard on the day or days
scheduled for the hearing of grievances according to the
regular arbitration procedure.

The aforementioned list shall be forwarded to

the Corporation no later than thirty (30) working days in
advance of the hearing.

9.53 To ensure the efficiency of the regular

arbitration procedure, the parties agree that a reasonable
number of grievances must be dealt with by each arbitrator
for each of the days of hearings set aside. The parties agree
that the scheduled number of cases to be heard shall not be
less than twenty-five (25), if warranted by the inventory.

9.54 If at the time of the forwarding of such list there

exists a delay greater than six (6) months between the
referral date of a grievance in the regular procedure
inventory and the scheduled date of hearing of said
grievance at the location, the Union shall then be entitled to
identify for hearing the first three (3) cases of every group of
 32

ten (10) cases to be heard without respecting the FIFO rule.

The Union shall continue to be so entitled for the subsequent
lists until such time as the above described delay ceases to
be greater than six (6) months.

9.55 The parties shall meet at least one week prior

to the arbitration hearing in order to exchange a copy of any
document they intend to use during the arbitration, including
precedents and authorities.

9.56 The parties shall, in collaboration, establish

and attempt to agree on the facts relevant to each grievance.

9.57 The meeting described above is also for the

purpose of reviewing grievances and settling as many of
them as possible.

9.58 The parties shall make every reasonable

attempt to minimize the use of witnesses in the regular
arbitration procedure.

9.59 Once the list provided for in clause 9.52 has

been forwarded, the parties may agree that other grievances
in abeyance and raising similar issues to the issues raised
by the grievances scheduled to be heard can be
amalgamated to be heard simultaneously.

9.60 Any other grievances including discharge

cases may also be heard in accordance with the regular
arbitration procedure if the parties so agree.

9.61 The other provisions of this collective

agreement shall fully apply to regular arbitration except to
the extent they are modified by the provisions of clauses
9.58 and 9.62 to 9.70 hereinafter.

9.62 As soon as possible prior to the date of

 33

hearing, each party shall forward to the other party and to

the arbitrator a copy of any document that it intends to use
during the hearing, including precedents and authorities.

Each party may also forward to the other party and to the
arbitrator a brief statement of the issue in dispute.

9.63 The parties agree not to use lawyers to

represent them in regular arbitration.

9.64 The parties may agree at any time to

commence or pursue the hearing of a grievance in
accordance with the formal arbitration procedure.

At the request of a party, the arbitrator may

rule that a grievance is of such an exceptional nature that it
should be referred to the formal arbitration procedure.

9.65 The arbitrator must hear the grievance

thoroughly before rendering a decision on a preliminary
objection unless he or she can dispose of this objection at
once.

9.66 The hearing shall be conducted in the most

informal and expeditious way that is possible according to
the nature of the grievances and all circumstances.

9.67 Unless both parties agree, no written

submission, precedent or authority shall be delivered to the
arbitrator after the hearing.

9.68 Whenever possible, the arbitrator shall deliver

his or her decision orally at the conclusion of the hearing in
giving a brief resume of his or her reasons and confirm his or
her conclusions in writing thereafter.

When the decision is not delivered orally at the

 34

conclusion of the hearing, the arbitrator shall render it in

writing as soon as possible thereafter with a brief resume of
his or her reasons.

9.69 Subject to clause 9.68, the arbitrator acting in

the regular arbitration procedure shall not be subject to
clause 9.101.

9.70 The decision of the arbitrator shall not

constitute a precedent and shall not be referred to in
subsequent arbitrations. Clause 9.103 shall not apply to
such decision.

9.71 The parties may at any time agree not to follow

any of the rules outlined in clauses 9.62 to 9.70.

Formal Arbitration Procedure

9.72 The Union shall forward to the Corporation a

list of the grievances to be heard, the names of the
arbitrators assigned and the date(s) of hearing for each. The
list shall be made in keeping with the chronological order in
which the grievances were referred to in the area on a first in
first out basis, and each case shall be scheduled in that
order for the first available date of hearing of the month,
according to the availability of the arbitrators.

9.73 The aforementioned list shall be forwarded to

the Corporation no later than thirty (30) working days in
advance of the hearing.

9.74 Where a grievance is scheduled to be heard at

the formal arbitration procedure, the Union shall notify in
writing the arbitrator of the appropriate list who, in
accordance with the rules established in clause 9.39, must
act. At the same time, the Union shall forward a copy of the
notice to the Corporation. The notice shall also identify the
 35

location of the hearing and the language in which the hearing

shall be conducted.

9.75 If, at the time of the forwarding of such list,

there exists a delay greater than six (6) months between the
referral date of a grievance in the area formal process
inventory and the scheduled date of hearing of said
grievance in the area, the Union shall then be entitled to
identify for hearing the first two (2) cases of every group of
ten (10) cases to be heard without respecting the FIFO rule.
The Union shall continue to be so entitled for the subsequent
lists until such time as the above described delay ceases to
be greater than six (6) months.

9.76 The notices hereinabove mentioned shall also

fix one or more days of hearing among the days set apart by
the designated arbitrator. The hearing of the grievance shall
then commence and be pursued on the day or days so fixed
unless the arbitrator decides for serious reasons to postpone
the hearing to another day.

National Formal Arbitration

9.77 Grievances to be heard by the arbitrators

appearing on the national list will be assigned in the
chronological order in which they were referred to arbitration,
unless otherwise agreed to by the parties.

9.78 Where more than one grievance is referred to

an arbitrator, the concerned party determines the order in
which the grievances will be heard.

9.79 At least thirty (30) working days in advance of

the hearing, either party shall forward to the other party a list
of the grievances to be heard, the names of the arbitrators
assigned and the date(s) of hearing for each. The notice
shall identify the location of the hearing and the language in
 36

which the hearing shall be conducted.

9.80 The notices hereinabove mentioned shall also

fix one or more days of hearing among the days set apart by
the designated arbitrator. The hearing of the grievance shall
then commence and be pursued on the day or days so fixed
unless the arbitrator decides for serious reasons to postpone
the hearing to another day.

General Provisions

9.81 Where different grievances raise similar issues,

the Union may refer such grievances to the same arbitrator
in order to have these grievances dealt with simultaneously.
If the arbitrator decides that the grievances will not be heard
simultaneously, the Union may then:

(a) determine the grievance or the grievances

that will be heard immediately by this
arbitrator;

(b) decide if the other grievances will be heard

later on by the same arbitrator or by another
arbitrator.

Where the Union decides that these other

grievances will be heard by another arbitrator,
it shall proceed in accordance with the
provisions of clauses 9.50 to 9.80.

9.82 Where an issue will be dealt with at national

formal arbitration such that it may have an influence on the
disposition of other grievances that are part of the regular
procedure inventory of grievances, the parties may agree to
keep those regular procedure grievances in abeyance until
the issue is disposed of at formal arbitration.
 37

9.83 While in abeyance, those grievances will not

be computed in the FIFO process and any time spent in
abeyance will not be computed in the six (6) months delay,
described in clause 9.54 above.

Burden of Proof Concerning Qualifications

9.84 The burden of proof shall rest with the

Corporation in all cases where it alleges or claims that an
employee does not possess the requisite qualifications or
has not acquired the requisite knowledge to obtain or keep a
position.

Visit to Place of Work

9.85 The arbitrator may order that a visit of

workplaces be conducted under such conditions that he or
she shall determine.

Interim Decision

9.86 The arbitrator may render any interim or

preliminary decision that he or she considers appropriate. He
or she may also, when rendering a decision, remain seized
of the grievance to determine the quantum of compensation
payable, if any, if the parties fail to agree, or to correct
clerical mistakes or errors arising from accidental slips or
omissions, upon the request of either party.

Cease and Desist Order

9.87 The Union or the Corporation may apply to an

arbitrator of the national list for the issuance of an
interlocutory order to cease and desist in the nature of an
interlocutory injunction in accordance with the procedure set
out below.
 38

9.88 A grievance claiming a contravention of the

collective agreement and seeking the issuance of such an
interlocutory order shall be presented at the national level in
accordance with clause 9.17 in the case of a Union
grievance or by letter addressed to the National President of
the Union in the case of grievance by the Corporation.

9.89 The application shall be sufficiently detailed as

to the circumstances relied upon and as to the order sought.
The application shall be signed by a national representative
of the Union who is a member of the National Executive
Committee in Ottawa or, as the case may be, by an officer of
the Corporation or its National Corporate Manager, Labour
Relations in Ottawa.

9.90 The application for an interlocutory order shall

be referred to the national list arbitrator to whom the next
grievance should be referred according to the rotation rules.

9.91 A period of at least five (5) working days must

occur between the date of the presentation of the application
and the date of its hearing by the arbitrator.

9.92 The arbitrator to whom the application is

referred must hear the parties as soon as is possible. If
necessary, he or she may use a date of hearing already
reserved for another grievance and displace same to a later
date.

9.93 The arbitrator hearing the application may

issue an interlocutory order to cease and desist if he or she
sees fit and if satisfied in particular of the following:

(a) that the evidence discloses a “prima facie”

case of the existence of a contravention of the
collective agreement or that such a
contravention is about to occur;
 39

(b) the situation is urgent;

(c) the balance of inconvenience favours the

granting of such order;

(d) that without such order, the consequences of

the contravention would be severe and could
not be eventually corrected or compensated
adequately;

(e) that there is no other useful recourse.

9.94 The arbitrator may subject the issuance of an

interlocutory order to any condition(s) that he or she deems
equitable.

9.95 Such interlocutory order shall not be in effect

for more than twenty (20) calendar days. However, the order
may be renewed as often as the arbitrator finds necessary
until the decision disposing of the merit of the grievance, if
the circumstances and conditions identified at clauses 9.93
and 9.94 are still in existence and are still met.

9.96 Where such an interlocutory order is issued,

the grievance must be heard by way of priority. The
arbitrator who heard the application must see to it that the
hearing of the grievance is referred to the national list
arbitrator that is susceptible to hear the parties at the earliest
possible time. If necessary, the arbitrator may order that a
hearing date already reserved for another grievance be set
aside and that the other grievance be displaced to a later
date.

However, the parties may agree to select the

arbitrator who heard the application for the purpose of
hearing the grievance himself or herself.
 40

9.97 Even where an application for such an order is

dismissed, the arbitrator may, if he or she deems it justified,
order that the grievance be heard by way of priority in the
same manner as described in clause 9.96.

In other instances, the grievance is referred to

a national list arbitrator in accordance with clauses 9.77 to
9.80.

9.98 If it happens that a party wishes to present an

application for such an order relative to a grievance where
the hearing is already in progress in front of an arbitrator of
the national list, the application shall be presented to that
arbitrator in accordance however, with the rules and
conditions contained in clauses 9.87 to 9.97.

General Powers of the Arbitrator

9.99 The arbitrator shall be vested with all the

powers that are necessary for the complete resolution of the
dispute. Where the arbitrator comes to the conclusion that
the grievance is well founded, he or she may grant any
remedy or compensation that he or she deems appropriate.
More particularly, he or she may:

(a) render a mere declaratory decision;

(b) require the Corporation to rescind a decision

which has been contested and to restore the
situation as it existed prior to said decision;

(c) evaluate the circumstances surrounding an

abandonment of position or a resignation and
decide in such a case on the validity of the
employee's consent.
 41

It is understood that the arbitrator shall be

vested with all the powers conferred upon him or her by the
Canada Labour Code.

Restriction of Power

9.100 The arbitrator shall not modify the provisions of

this collective agreement.

Award Must State Grounds

9.101 The arbitration award must state the grounds

on which it is based and be rendered as expeditiously as
possible. The arbitrator may render the decision
immediately, but must give written reasons later on provided
it is done within sixty (60) working days after the decision
unless, owing to circumstances beyond the control of the
arbitrator, it is not practicable to do so. In such a case, the
award shall be executed without waiting for the reasons.

Final Decision

9.102 The award of the arbitrator shall be final and

executory. It shall be binding upon the Corporation, the
Union and the employees.

Future Cases

9.103 The final decision rendered by an arbitrator

binds the Corporation, the Union and the employees in all
cases involving identical and/or substantially identical
circumstances.

Costs of Arbitrators
 42

9.104 The Corporation and the Union shall share

equally the fees and expenses of the arbitrator.

Translation

9.105 Any translated arbitration decision shall be

forwarded to the Union. It is understood that the translated
version shall not be regarded as official. Every month, the
Corporation shall transmit to the Union the list of the
arbitration decisions that will be translated.

Grievances Held in Abeyance

9.106 In an effort to keep the regular arbitration

procedure free from issues that may eventually become
academic only, the parties agree to hold in abeyance any
unresolved grievance where discipline was imposed with no
financial impact on the employee such as reprimands or
waived suspensions.

These grievances shall be kept in abeyance

until either party wishes to rely on the presence or absence
of such discipline in relation to another relevant issue or, at
the latest, twelve (12) months from the date of the alleged
infraction. At the expiration of the twelve (12) months, the
grievance shall be deemed to be settled.

While in abeyance, such grievance will not be

computed in the FIFO process and any time spent in
abeyance will not be computed in the six (6) months delay
described in clause 9.54 above.

The parties may agree, under the conditions

set forth in this clause, adapted as may be necessary, or
under any other conditions, to also hold in abeyance any
grievance relating to measures taken by the Corporation with
respect to the attendance of an employee.
 43

ARTICLE 10

DISCIPLINE, SUSPENSION AND DISCHARGE

10.01 Just Cause and Burden of Proof

(a) No disciplinary measure in the form of a notice

of discipline, suspension or discharge or in
any other form shall be imposed on any
employee without just, reasonable and
sufficient cause and without his or her
receiving beforehand or at the same time a
written notice showing the grounds on which a
disciplinary measure is imposed.

(b) In any arbitration relating to a disciplinary

measure, the burden of proof shall rest with
the Corporation and such proof shall be
confined to the grounds mentioned in the
notice referred to in paragraph (a) above.

10.02 Personal File

(a) The Corporation agrees that there shall be

only one personal file for each employee and
that no report relating to the employee's
conduct or performance may be used against
him or her in the grievance procedure nor at
arbitration unless such report is part of the
said file.

(b) No report may be placed in the file or

constitute a part thereof unless a copy of the
said report is sent to the employee within ten
(10) calendar days after the date of the
employee's alleged infraction, or of its coming
 44

to the attention of the Corporation, or of the

Corporation's alleged source of dissatisfaction
with him or her.

(c) Any unfavourable report concerning an

employee and any report concerning an
infraction shall be withdrawn from the file after
a period of twelve (12) months from the date
of the alleged infraction.

(d) A verbal reprimand shall not be considered as

a disciplinary measure and shall not be
reported in the personal file of the employee.

10.03 Access to Personal File

Upon written request from an employee, he or

she and/or his or her Union representative shall have access
to his or her official personal file in the presence of an
authorized representative of the Corporation. The file should
be made available within twenty-four (24) hours following the
day of the written request, providing such file is available
locally and, in all cases, within five (5) calendar days after
the request. Where an employee's file is available for review
and/or examination, reports as described in paragraph
10.02(c) are to be removed prior to such review and/or
examination.

10.04 Interviews

(a) The Corporation agrees to notify an employee

twenty-four (24) hours in advance of any
interview of a disciplinary nature or related to
his or her attendance record and to indicate:

(i) his or her right to be accompanied by a

Union representative as specified in
 45

clause 10.06;

(ii) the purpose of the meeting, including

whether it involves the employee's
personal file;

(iii) that if the employee's personal file is to

be considered during the interview, the
employee and/or his or her Union
representative, the latter with the
employee's permission, shall, before
the meeting, have access to this file in
accordance with clause 10.03.

(b) The employee has the right to refuse to

participate or to continue to participate in such
interview unless he or she has received the
notice hereinabove provided for.

(c) If the employee fails to appear at the interview

and does not explain his or her inability to do
so, the Corporation shall proceed unilaterally.

10.05 Employee-Steward Relationship

Confidential

The Corporation agrees that communications

between an employee and his or her steward or other
Union representative acting in that capacity are privileged
and confidential and cannot be produced in evidence during
arbitration.

10.06 Right to Representation

(a) An employee summoned for an interview shall

have the right, if he or she so requests, to be
accompanied by a Union representative so
 46

that the latter may participate in good faith to

the discussion and contribute to the
clarification of the situation.

(b) An employee's resignation for any reason will

not be accepted until the shop steward is
advised.

10.07 No Right to Discipline

An employee assigned on an interim basis to a

managerial position cannot discipline other employees in the
bargaining unit.

10.08 Termination of Employment

Article 9 and clause 10.01 shall apply mutatis

mutandis to any form of termination of employment decided
by the Corporation.

10.09 Release for Incompetence

For greater certainty, it is understood that a

release for incompetence shall be dealt with in the manner
provided for disciplinary measures mutatis mutandis.

10.10 Release for Incapacity

(a) Where the Corporation intends to release an

employee for incapacity, it shall notify the
employee in writing at least thirty (30)
calendar days in advance and transmit a copy
of this notice to the local and regional offices
of the Union within the same time limit.

(b) If a grievance is submitted prior to the end of

 47

the thirty (30) calendar day period mentioned

hereinabove, the employee shall not be
released until the grievance has been settled
or disposed of by the arbitrator.

(c) The arbitrator seized of a grievance in relation

to a release for incapacity may substitute his
or her own opinion to the opinion of the
Corporation on any issue raised by the
grievance. He or she may, furthermore,
render any decision that he or she considers
just and equitable according to the
circumstances.

ARTICLE 11

SENIORITY

11.01 Continuous Employment

For the purpose of this agreement,

“continuous employment” shall mean the length of
continuous service of an employee in the Public Service prior
to October 16, 1984, and within the Canada Post
Corporation. The continuity of service can only be broken by
the final termination of employment.

The length of continuous service shall be

calculated as follows:

(a) For any employee first hired in the Public

Service prior to October 16, 1984: the length
of continuous employment recognized to such
employee in the Public Service when he or
she became an employee of Canada Post
 48

Corporation and the length of his or her

continuous service thereafter;

For more certainty, it is understood that no

final termination of employment occurred
where a person ceased to be employed in the
Public Service to be hired by Canada Post
Corporation.

(b) For any other employee: the length of his or

her continuous service since the date of his or
her last hiring.

11.02 Seniority

(a) The seniority of the regular employees shall be

determined by the length of continuous service
within the bargaining unit since their first date
of hire, but subject to the provisions of clauses
11.04 and 11.08, and to the following
provisions:

(i) any period greater than nine and one

half (9.5) months during which an
employee was not in the employ of
Canada Post Corporation or the Post
Office Department shall constitute a
break in seniority;

(ii) an individual who has worked as a

Christmas helper or casual or as a
temporary employee during the
Christmas period is deemed to not have
worked in the bargaining unit. However,
if at the end of such period, this
individual remained in the employ of the
Post Office Department or the Canada
 49

Post Corporation or if the period where

this individual was not employed does
not exceed the period mentioned in sub-
paragraph 11.02(a)(i), his or her
seniority in the bargaining unit shall be
deemed retroactive to the last date of
hire as a Christmas helper or casual or
as a temporary employee during the
Christmas period.

(b) Subject to the provisions of Appendix “MM”,

the seniority date of a regular employee in
effect on January 31, 2011 is deemed to be in
compliance with the provisions of clause 11.02.

(c) For the purpose of determining the seniority of

regular employees, the bargaining unit is
deemed to have always been in place.

(d) An employee who was entitled under the

collective agreement in force from July 31,
1992 to January 31, 1995, to greater seniority
than that provided above shall retain such
greater seniority.

11.03 Accumulation of Seniority

Seniority shall accumulate during the whole

length of continuous employment in the bargaining unit.

Seniority shall also continue to accumulate

when an employee in Group 2 accepts to work outside the
bargaining unit as a result of a requirement of a temporary
modified tour of duty.
 50

11.04 Days Lost or Gained

In all cases, the seniority shall be determined

on the basis of the continuous service but in taking into
account days lost or gained, as the case may be, pursuant to
the provisions of this collective agreement and any previous
collective agreement that may have been applicable to the
employee.

However and notwithstanding anything

contained in the previous collective agreements, days during
which an employee was included in the bargaining unit as
described in paragraph 11.02(c) shall not be considered as
days lost.

11.05 Seniority Lists

Copies of local seniority lists shall be given by

the Corporation to the appropriate local of the Union as soon
as possible but not later than two (2) months following the
signing of the collective agreement. The Corporation shall
provide revised lists every six (6) months or more frequently
as determined through local consultation.

Seniority lists shall rank the employees by

order of seniority and shall indicate the following:

(a) name of employee;

(b) starting date of continuous employment;

(c) work location (office) and section;

(d) classification;

(e) employee's I.D. number;

 51

(f) seniority date.

These lists shall indicate the total number of

days of seniority lost by reason of the application of the
provisions of this article. The number of days of seniority
lost shall be calculated in accordance with the provisions of
this article.

For the purpose of paragraph 11.05(c), where

practicable and following local consultation, these lists shall
contain the shift.

11.06 Posting of Seniority Lists

Each time the Corporation provides the local of

the Union with seniority lists in accordance with the previous
clause, a copy of the seniority lists applying thereto shall be
posted in each postal installation.

11.07 Loss of Seniority

An employee shall lose his or her seniority if he or she is:

(a) assigned, promoted, demoted, transferred,

loaned or appointed outside the bargaining
unit to a managerial position in either an
acting or a permanent capacity;

(b) assigned, promoted, demoted, transferred,

loaned or appointed outside the bargaining
unit to a non-managerial position in either an
acting or permanent capacity;

(c) Under paragraph (b) of this clause, if an

employee returns to his or her former
classification within six (6) months, he or she
shall be deemed to have continuous service
 52

for seniority purposes;

(d) Notwithstanding paragraph (a) in a post office

where there is less than one hundred and fifty
(150) employees in the bargaining unit in
Groups 1 or 2 or less than ten (10)
supervisors associated with them, an
employee in the bargaining unit who fills on an
acting basis a supervisory position will not
accumulate seniority during the period he or
she holds the acting assignment. Such
assignment is subject to the following
conditions:

(i) previously accumulated seniority will be

recognized upon his or her return to the
bargaining unit on condition that the
acting assignment shall be for a period
of three (3) months or less;

(ii) an employee shall not return to an

acting assignment unless and until
thirty (30) calendar days have elapsed
since his or her last acting assignment.
This condition shall not apply if the
acting assignment to be filled is for a
period of ten (10) working days or less,
in an isolated case.

(e) An employee shall not lose his or her seniority

in the bargaining unit as a result of his or her
filling on an acting basis a supervisory position
during the Christmas rush period (the period
from November 15 to January 15 inclusive).

(f) The employee filling the acting assignment

will not have the authority to impose
 53

disciplinary measures or measures respecting

attendance or performance.

11.08 Break in Service

A break in service shall be deemed to have

occurred and seniority shall be forfeited in cases of:

(a) resignation;

(b) discharge, release or dismissal for just cause

in each case;

(c) abandonment of position; an employee has

abandoned his or her position if he or she has
been absent from work without valid reasons
for a period of more than ten (10) consecutive
working days and without notice to the
Corporation unless he or she shows that he or
she was unable to notify the Corporation
because of exceptional circumstances.

11.09 Seniority in Emergency Situations

In any emergency beyond the control of the

Corporation, employees may, without regard to seniority, be
assigned, for the duration of the emergency, to any duties
normally performed by employees within the group. In the
application of this clause, the fluctuations in mail volumes
shall not in themselves be deemed to be emergencies.

11.10 Use of Seniority

Seniority shall be used to accommodate

employees' preferences where the collective agreement so
provides.
 54

ARTICLE 12

PREFERRED ASSIGNMENTS
12.01 Preferred Assignments in Staff Post
Offices Grades 9 and Up

(a) Assignment of postal clerks to full-time

continuous work assignments in the functions
listed below, in staff post offices Grades 9 and
up shall be in accordance with this article:

(i) wicket/counter sections, including

philatelic service;

(ii) registration sections;

(iii) directory service

- repair of damaged mail;

- undeliverable mail;

(iv) postage due - including collection and

rating of short paid items;

(v) special delivery, special letter, special

occasion letter and C.O.D.s.

(b) Where practicable, work in these functions

shall be combined together and/or with other
work to create a full-time continuous
assignment.

12.02 Authorization for Counter Credits

(a) Where practicable, wicket/counter

assignments which require authorization for
 55

counter credits shall be given to full-time

employees in staff post offices.

(b) Notwithstanding clause 12.01, the Corporation

may establish part-time positions in the
wicket/counter sections of staff post offices
Grades 9 and up under the following
conditions:

(i) Where extended hours of service or

peak periods make the use of such
positions desirable, in which case, the
part-time position will be scheduled
during the extended hours or to
supplement the full-time staff during
peak periods, without being limited to
these hours.

(ii) No installation can include part-time

positions only;

(iii) Nationally, the number of part-time

positions in wicket/counter sections in
staff offices Grades 9 and up shall not
exceed ten percent (10%) of the total
number of full-time positions in
wicket/counter sections in staff offices
Grades 9 and up.

(c) Work under this clause may be combined with

other duties in order to create a full-time
continuous assignment.
 56

ARTICLE 13

STAFFING OF VACANT ASSIGNMENTS AND

POSITIONS

(A) GENERAL PROVISIONS

13.01 Definition of a Position

A position is identified by its classification and post

office.

13.02 Definition of Assignment

An assignment exists within a classification

and a post office and is defined as follows:

(a) An assignment in Groups 1, 3 and 4 is

identified by the following constituent
elements:

(i) the section where the work is

performed; and,

(ii) the work schedule for those holding

fixed assignments or the cycle of shifts
for those holding rotating assignments.

(b) An assignment in Group 2 means a letter

carrier, mail service courier or mail service
courier (heavy vehicle) route, a relief
assignment, or any other assignments that
may be identified.
 57

13.03 Complement for Assignments in Groups

1, 3 and 4

A complement is any group of employees

holding identical positions and assignments as defined in
clause 13.01 and paragraph 13.02(a).

13.04 Change in Constituent Elements for

Staffed Assignments in Groups 1, 3 and 4

(a) Where there is a change made to a work

schedule as per clause 14.10 or 14.12
(excluding a change to the time of meal),
employees who are incumbents of
assignments in the same classification within
the same section, or post office if there are no
sections, will bid by seniority on the new
schedule.

A resulting vacant assignment, if any, is then

bid by seniority within the section by the
employees who are of the same classification
as this assignment.

(b) If an assignment is moved from one section to

another, employees in the section from which
the assignment is moved who are in the same
classification as the moved assignment, will
bid by seniority for the assignments of the
same classification that remain in the section.
The employee who is without an assignment
following the section bid described in this
paragraph, will become unassigned, and will
be temporarily assigned as per paragraph
13.18 (f) to the moved assignment in the other
section. The moved assignment will be bid by
seniority as per Part C of Article 13.
 58

(c) If both constituent elements of an assignment

are changed at the same time, the
Corporation, following local consultation, will
determine the sequence of implementation of
paragraphs 13.04 (a) and (b).

13.05 Rotating and Fixed Assignment

(a) A rotating assignment is an assignment

whose incumbent is called upon to work on
more than one shift on a predetermined
systematic cycle.

(b) A fixed assignment is an assignment in which

an employee does not rotate to different shifts.

13.06 System of Work

(a) In a postal establishment, the system of work

may include rotating assignments, fixed
assignments or both.

(b) The Corporation shall not change the system

of work now in effect in a post office unless
there has been meaningful consultation
between the authorized representative of the
Corporation and the representative of the
Union local.

(c) However, the fixed shift system for Groups 3

and 4 will be maintained for the life of the
collective agreement. In the case of Group 4,
the change to the fixed shift system will take
place between thirty (30) and sixty (60) days
following the signing of the collective
agreement.
 59

13.07 Acquiring Knowledge

Where an employee obtains an assignment in

one of the classifications listed hereinafter, he or she must,
in order to retain his or her assignment, acquire the specific
knowledge requirements of the assignment within a
reasonable period of time not to exceed six (6) months.

Where the employee does not acquire the

specific knowledge, he or she shall, as the case may be,
return to his or her former classification and, in all cases,
shall fill another assignment in accordance with Part C of
Article 13.

Classifications

- All classifications in Groups 1 and 2, with the

exception of mail service courier (heavy
vehicle) in Group 2.

- the following classifications in Group 3:

helper control centre support (ELE-2);

attendant fleet maintenance (ELE-3);

maintenance helper/cleaner (ELE-3);

community mail box assembler (ELE-3) (B2);

mechanic helper (ELE-4);

courier/chauffeur (MDO-4);

driver (MDO-5);

helper, maintenance (MAN-4).

 60

It is understood that an appropriate driver’s

licence is required to obtain a position in the classifications of
attendant fleet maintenance, mechanic helper,
courier/chauffeur and driver, mail service courier and an
assignment as a motorized letter carrier.

Incumbents of assignments and employees

requesting to obtain a position or assignment in
classifications listed in the above paragraph, must provide,
upon request, their driver’s licence abstract that has been
issued no earlier than the date of the request, or consent to
the Corporation obtaining his or her driver’s licence
abstract.

The driver’s licence abstract payment and

timeline requirements are set out in Appendix “GG”.

Driver’s licence abstract information will not be

used to suspend or to remove the corporate Vehicle
Operating Permit (VOP) unless there has been a loss of the
provincial driver’s licence for any reason including but not
limited to, suspension, revocation or disqualification.

In cases where an office has a majority of

motorized letter carrier routes, the Corporation reserves the
right to require an appropriate driver’s licence for employees
wishing to obtain a letter carrier position in the office.

In cases where a unit has a majority of

motorized letter carrier routes, the Corporation reserves the
right to require an appropriate driver’s licence for employees
wishing to obtain a letter carrier assignment in that unit.

Vacant positions or assignments in

classifications other than those listed above shall be filled on
the basis of seniority by qualified employees.
 61

(B) STAFFING PROCESS FOR VACANT

POSITIONS

13.08 Vacant Position

A vacant position shall be deemed to exist

when there are fewer regular employees than positions in a
classification within a post office.

When it is known in advance that a position will

become vacant, the Corporation may initiate the procedure
provided in this article to staff the future vacant position.

When a vacant position is abolished, the local

Union is informed in writing.

13.09 Filling of Vacant Positions

Unless otherwise specified in the collective

agreement, vacant positions are filled on the basis of
seniority by regular employees of the bargaining unit who
have submitted applications in accordance with clause
13.11. However, regular employees who have submitted
their applications under clauses 53.08 and 53.12 will first be
offered the vacant positions.

13.10 Vacant Positions Filled by Temporary

Employees and Hiring

(a) Where the provisions of clause 13.09 have

been complied with and a vacant position
remains, it shall be filled by a temporary
employee who has applied for such
classification and post office in accordance
with Article 44.
 62

(b) Where provisions of this clause have been

complied with and a position remains vacant, it
shall be filled by another person.

13.11 Application

(a) An application is required when an employee

wants to change classification, post office, or
both.

(b) It shall be the responsibility of any employee

wishing to change classification, post office, or
both, in accordance with this article, to file and
keep current an application indicating his or her
desire to fill a vacant position in a given
classification and post office which may occur
in the future.

(c) The application shall be in the form and by the

method prescribed by the Corporation and
shall provide that:

(i) the date on which the application

becomes valid is the date on which the
application is submitted to the
Corporation;

(ii) a confirmation of receipt of the

application is provided to the employee
and the local of the Union.

The Corporation shall consult nationally with

the Union prior to the implementation of the
process.

(d) When an employee applies for more than one

position, he or she shall indicate his or her
 63

order of preference. The employee’s order of

preference will be applied in cases where the
employee is eligible to be appointed
simultaneously to more than one vacant
position within the post office or MAPP area.

(e) Applications filed by an employee remain valid

for as long as they are not withdrawn or
refused, under paragraph 13.13 (c), by the
employee, or until he or she is awarded a
vacant position in accordance with one of his
or her applications. However, when an
employee has applied for more than one
position and the employee is appointed to a
position other than his or her first choice, the
other applications of the employee, that were
ranked higher in terms of his or her order of
preference than the position he or she
obtained, are kept valid.

(f) An employee who is awarded a vacant position

into a new group shall remain in his or her new
group for a period of twelve (12) months prior
to being allowed to apply for a new position
outside of the group. This restriction does not
apply in the case of an application involving a
change of status from part-time to full-time, or if
it is waived by the Corporation.

13.12 Filling Vacant Mail Service Courier (Heavy

Vehicle) Positions

Vacant positions in the mail service courier

(heavy vehicle) classification are filled, by seniority, first by
the mail service couriers who received the required training
in accordance with clause 40.14 and, then, by the other
employees who received such training within the post office
 64

or MAPP, where applicable.

13.13 Staffing Rules for the Filling of Vacant

Positions

(a) The Corporation will use the applications

submitted from employees as of two (2)
Fridays prior to the week in which staffing
actions are initiated.

In situations where a designated paid holiday

falls on a Friday, the working day immediately
preceding that Friday shall be used as the cut-
off date.

(b) When the application seeks a change of

classification within the same post office or
MAPP or a change of post office within the
MAPP, no further contact with the employee is
required and the Corporation can proceed
with the appointment of the employee within
the classification or post office requested and
send reporting instructions to the employee.

(c) When the application seeks a change of post

office or a change of post office outside of
the MAPP where applicable, the employee will
be provided with a one (1) working day period
to confirm acceptance of the requested
change. A failure to respond within the
prescribed timeframe will be interpreted as a
refusal and the Corporation will proceed with
the next application.

(d) An employee who obtained a position under

Part B of Article 13 may be temporarily
assigned to a vacant assignment pending the
 65

completion of the bidding process for the

selection of his or her assignment under Part
C of Article 13.

13.14 Expenses Incurred

The Corporation shall not be required to

reimburse travel and relocation expenses incurred by an
employee when he or she has voluntarily changed positions
in accordance with the provisions of this article. However,
the Corporation shall reimburse such expenses when an
employee is relocated because of a mistake of the
Corporation or a violation of the collective agreement.

13.15 Movement From One Post Office to

Another

Should there be a delay in the employee

moving from one post office to another post office, that is
caused by the employee, local management at the receiving
office may use a temporary employee from the date that the
vacant position occurred, pending the arrival of the
employee.

13.16 Information for the Union

When the Corporation fills a vacant position, it

shall provide to the local office of the Union information
related to the vacant position. The information shall include
the post office where the vacancy occurred, its classification
and the name and seniority of the person who obtained the
position, along with the list of eligible applicants who had
applied for a vacant position in that post office and
classification.

On a monthly basis, lists of applications for

each classification in a post office shall be forwarded to the
 66

local of the Union where the change is requested.

(C) SELECTION OF ASSIGNMENTS

13.17 Vacant Assignment

A vacant assignment shall be deemed to exist

when an incumbent leaves his or her assignment or a new
assignment is created.

13.18 Filling of Vacant Assignments

(a) The bidding process for the selection of vacant

assignments normally occurs after full staffing
has been achieved in accordance with Part B
of Article 13 and those who obtained a vacant
position under this process are to be included
in the bid.

(b) Unless otherwise specified in the collective

agreement, vacant assignments in the post
office shall be granted by order of seniority to
regular employees in the post office and in the
classification concerned who have requested
such assignments.

(c) The Corporation shall notify all employees

eligible for vacant assignments within a
classification and post office of these
assignments. This shall be done by a posting
of the vacant assignments for seven (7)
working days, or alternatively, through a
canvass.

(d) Vacant assignments shall be filled on a

monthly basis, unless the parties agree
otherwise at the local level.
 67

(e) If vacant assignments are filled in December,

the movement of employees into such
assignments can be delayed until January.

(f) The employee who is not an incumbent of an

assignment or who did not bid on any
assignment shall be appointed to an
assignment within the classification and post
office, which remains vacant upon completion
of that bid. If more than one assignment
remains vacant, the employees shall be
appointed by seniority provided the employees
already satisfy the requirements included in
clause 13.07.

13.19 Local and National Agreement on Bidding

Procedures

(a) The parties can agree locally at any time to an

alternate procedure for the bidding of vacant
assignments.

(b) Either party at the national level shall be able

to put forward proposals for discussions and
agreement to replace or modify the bidding
processes.

13.20 Information on Vacant Assignments

Information relating to assignments shall be

provided to employees during the bidding of the
assignments. It shall include the following information for the
respective groups:

Groups 1, 3 and 4
 68

The section where the work is performed and the work

schedule.

Group 2 (as applicable)

The workplace, route number or route sheet, assessed time,

transportation method and work schedule.

13.21 Employee Responsibility

An employee has the responsibility to inform

the Corporation of his or her bid for assignments.

This responsibility extends to periods when the

employee is on authorized leave. In such a case, the
employee must leave an address at which he or she may be
notified in the eventuality of his or her successful bid.

13.22 Temporary Vacant Assignment

(a) When an employee is assigned, promoted,

demoted, transferred, loaned or appointed
outside the bargaining unit for a temporary
period and the Corporation decides to
temporarily fill the assignment, it shall be filled
in accordance with clause 39.07 for Group 1,
Article 17 for Group 2 and with clause 44.32
for Group 3 during the first six (6) months.

(b) After six (6) months, the assignment is filled in

accordance with Part C of Article 13. When
the employee returns to the bargaining unit,
he or she shall have the right to return to work
in his or her classification and in the post
office where he or she was previously
working.
 69

13.23 Bilingual Assignments in Group 1

(a) The employee who is the incumbent of an

assignment when such assignment is
designated as bilingual must be or become
bilingual. Incumbents who are not bilingual
shall be given a reasonable period of time to
become bilingual. Incumbents failing to
become bilingual shall be appointed to a non-
bilingual vacant assignment in accordance with
Part C of Article 13.

(b) Where a bilingual assignment becomes vacant

or a vacant assignment is designated bilingual,
it shall be filled in accordance with the bidding
process defined in clauses 13.18 to 13.21 and,
in such a case, the provisions of clause 13.07
shall apply, provided sufficient and adequate
training in the other official language has been
given to the employee.

(c) In the event that the employee has obtained a

bilingual assignment and completed the
training provided for in clause 13.23(b), he or
she must stay in that assignment or any other
bilingual assignment for a minimum of twelve
(12) months following the successful
completion of the training before he or she may
obtain a non-bilingual assignment, save and
except if:

- the request is to change status from part-

time to full-time;

- the request is allowed by the Corporation;

- the employee obtained the bilingual

 70

assignment involuntarily; or

- the hours of work of the assignment of the

employee are changed under clause
13.04.

Notwithstanding the above, the restriction

imposed under this clause shall not be applicable for a
period of more than twenty-four (24) months after the
appointment of the employee to a bilingual assignment.

13.24 Restructuring

Where a restructuring takes place in

accordance with Article 46 or 47, the provisions of those
articles shall apply, whichever is applicable.

13.25 Conversion of Part-time to Full-time

Position and Assignment

Notwithstanding clause 45.04, where a part-

time position and assignment within a category are
converted to a full-time position and assignment in the same
category and it is the only part-time position and assignment
in a post office, the incumbent thereof automatically
becomes a full-time employee.

If, however, there is more than one (1) part-

time position and assignment in the post office, the
opportunity to become a full-time employee is offered on the
basis of seniority to all part-time employees of the post office
in the same category as defined in clause 45.01. If none of
the part-time employees accept to become full- time, the
junior part-time employee within the category will be
appointed full-time.

The new full-time assignment will be filled

 71

pursuant to clauses 13.18 to 13.21.

13.26 Annual Bidding for Groups 1, 3 and 4

(a) Work schedules in Groups 1, 3 and 4 will be

reopened for annual bidding in postal
installations if the authorized representative of
the Corporation is requested to do so in writing
by the appropriate Union local. Employees in
each work section will be given the opportunity
to bid in order of seniority for the shift of their
choice within their classification and work
section.

(b) The shift bid will be authorized to take place in

only those work sections specifically identified
by the Union local in writing to the Corporation
by September 1st.

(c) The bidding process will take place from

October to the end of December. The new shift
assignments resulting from the bid will be
effected on the second Sunday of January of
the following calendar year. Unless the parties
at the local level agree otherwise on the
effective date of change, the bidding process
defined in clauses 13.18 to13.21 will not take
place during the months of October, November
and December.

(d) Notwithstanding the above, there shall not be

an annual bid for wicket/counter section
duties including wicket/counter assignments
in postal stations or letter carrier depots.
 72

ARTICLE 14

HOURS OF WORK
14.01 Shifts for Groups 1, 3 and 4

(a) A shift is a period during the day when the

work is performed.

(b) Shifts are the day shift, the evening shift and
the night shift:

(i) the day shift is a day's work beginning

and ending between 06:00 hours and
18:00 hours;

(ii) the evening shift is a day's work ending

after 18:00 hours;

(iii) the night shift is a day's work ending

after 24:00 hours or beginning before
06:00 hours.

(c) A day's work shall not include overtime.

14.02 Normal Work Week - Full-time Employees

Groups 1 and 3

(a) The normal work week for full-time employees

shall be forty (40) hours, eight (8) hours per
day, five (5) days per week.

(b) One-half (½) hour of the time off for a meal

shall form part of the hours specified above
and shall consequently be paid.
 73

Group 2

(c) The normal work week for full-time employees

shall be forty (40) hours, eight (8) hours per
day, five (5) days per week with a half (½)
hour paid meal period each day.

(d) Notwithstanding paragraph 14.02(c), in those

locations where mail service couriers (heavy
vehicle) work other than a Monday to Friday
schedule, the local of the Union shall, within
thirty (30) calendar days of the signing of the
collective agreement, advise local
management whether these employees wish to
be scheduled for two (2) consecutive days of
rest. Once this notice has been given, the
resulting sequence of days of rest shall remain
in effect for the duration of the collective
agreement unless mutually agreed otherwise.

Group 4

(e) Normal hours of work shall be arranged to

provide for either:

(i) a forty (40) hour work week as

described in paragraph 14.02(f), or

(ii) an average of forty (40) hours per week

as described in paragraph 14.02(g), and

in neither case shall there be split-shifts, that is,

a normal schedule where the period of work is
divided by more time than that provided as a
meal break.

(f) Normal scheduled hours of work for

 74

employees who work five (5) consecutive days,

Monday to Friday inclusive, shall be forty (40)
hours per week, each day to be eight (8) hours
between the hours of 07:00 and 18:00
including a paid meal period of one-half (½)
hour.

(g) Normal hours of work for all other employees

shall be an average of forty (40) hours per
week consisting of an average of five (5) days
per week, each day to be eight (8) hours
including a paid meal period of one-half (½)
hour. Employees covered by this clause shall
not be scheduled to work more than seven (7)
consecutive days.

14.03 Hours of Work - Part-time Employees

(a) The normal work week of part-time employees

in Group 1 shall be at least twenty (20) hours
and not more than thirty (30) hours, and the
work schedules shall be established
accordingly. A part-time employee may work
on a voluntary basis beyond their normal
schedule and up to eight (8) hours per day
and forty (40) hours per week.

(b) Except as provided in sub-paragraph

14.03(b)(i), the hours of work for a part-time
employee in Group 2 shall not be more than
thirty (30) hours per week, averaged over
each twelve (12) week period, commencing
with the signing date of this agreement.

(i) During the Christmas period (the period

from November 15 to January 15
inclusive) in a post office, the hours of
 75

work for a part-time employee may be

extended beyond thirty (30) hours per
week. In such circumstances,
employees will be selected on a
voluntary basis.

(c) Part-time employees shall be entitled to two (2)

days of rest weekly. It is understood that the
other five (5) days can either be scheduled or
unscheduled days.

Part-time employees shall not be forced to

work on an unscheduled day, but if they elect
to do so, they shall be paid at the regular rate
for up to eight (8) hours per day and forty (40)
hours per week.

14.04 Definitions and Standards

(a) The normal work day for full-time employees

in Groups 1 and 2 shall not commence before
the official starting time set by the Corporation
in accordance with this article. In the case of
Group 2, the starting time will be set by the
Corporation following local consultation.

(i) Where an employee in Group 2

commences his or her duties before the
official starting time set forth above,
with the approval of the supervisor, he
or she shall be paid overtime rates for
all hours worked prior to the official
starting time.

(b) The normal work day for full-time employees

in Groups 1 and 2 shall not be spread over a
period of more than nine and one-half (9½)
 76

hours.

(c) The normal work day for employees in Group

3 shall not be spread over a period of more
than eight and one-half (8½) hours.

(d) For the purposes of this article,

(i) “day” means a twenty-four (24) hour

period commencing at 00:00 hours for
Groups 3 and 4.

(ii) “week” means a period of seven (7)

consecutive days beginning at 00:00
hours Sunday morning and ending at
24:00 hours the following Saturday
night for Group 3.

(e) The work week for Group 1 extends from

Sunday to Saturday inclusive.

(f) A part-time employee in Group 2, for the

purposes of the collective agreement, is an
employee who is working a minimum of one-
third (1/3) the hours of a full-time employee in
Group 2.

(g) The shift of a part-time employee in Group 2

shall be determined by the evaluated time of
the assignment and the minimum hours paid
will be in accordance with that shift.

14.05 Meal and Rest Periods - Full-time

Employees

(a) Time off for a meal for full-time employees

shall be as close as possible to mid-shift and
 77

shall be for a minimum of one-half (½) hour.

The provisions of this paragraph do not apply
to Group 4.

(b) The meal period for Letter Carriers on foot,

Motorized Mail Courier passengers and Mail
Mobile Letter Carrier passengers shall start
between four (4) hours and five (5) hours after
the official starting time of the route.

(c) The meal period for Motorized Mail Couriers

and Mail Mobile Letter Carriers shall start
between three (3) hours and five (5) hours after
the official starting time of the route.

(d) Employees in Group 4 will be provided with a

scheduled paid meal break of thirty (30)
consecutive minutes duration commencing
within one-half (½) hour prior to and one (1)
hour following the mid-point of the normal work
period. It is recognized that in extenuating
circumstances the meal break may be
advanced or delayed.

(i) Subject to all conditions in paragraph

14.05(d), except the time at which a
meal period may be scheduled, a meal
break on the evening shift (16:00-
24:00), may be taken at a time other
than as specified above when, by
agreement of the manager and the
Local’s steward responsible for that
location, a different time for the meal
break is established. When such
alternative is established, it shall not
again be changed except by thirty (30)
 78

calendar days' written notice to the

manager by the Local's steward, or
thirty (30) calendar days' written notice
to employees concerned at the site by
the manager.

(e) All full-time employees, other than full-time

employees in Group 2, shall be allowed a rest
period of fifteen (15) minutes in the first as well
as in the second half of a shift. All full- time
employees in Group 2 shall be permitted a ten
(10) minute rest period both in the first and
second half of a shift.

These rest periods shall be taken during the

hours specified in clause 14.02 and are
therefore paid.

14.06 Rest and Meal Periods - Part-time

Employees in Group 1

(a) Part-time employees working for a continuous

period of five (5) hours or less shall be entitled
to a paid rest period of fifteen (15) minutes
taken during regular working hours and as
close as possible to mid-shift.

(b) Where part-time employees are required to

work for a continuous period of more than five
(5) hours and less than eight (8) hours:

(i) they shall be entitled after two (2) hours

at work to a paid rest period of fifteen
(15) minutes taken during regular
working hours;

(ii) they shall be scheduled to take a meal

 79

period of not less than one-half (½)

hour's duration, fifteen (15) minutes of
which shall be taken during regular
working hours and paid accordingly;

(iii) where they are required to work for a

continuous period of seven (7) hours or
more, they shall be entitled to a second
paid rest period of fifteen (15) minutes
taken during regular working hours and
as close as possible to the middle of
the second half of the shift.

(c) Where part-time employees are required to

work for a continuous period of eight (8) hours
or more, they shall be entitled to the benefits
provided for in paragraphs 14.02(b) and
14.05(a) and (e) and in clause 15.02 as
applicable.

(d) When establishing the duration and

scheduling of meal periods, the Corporation
shall consult meaningfully with the local Union
representative.

14.07 Rest and Meal Periods - Part-time

Employees in Group 2

(a) Where part-time employees are required to

work for a continuous period of more than six
(6) consecutive hours, they shall be scheduled
to take a paid meal period of not less than
one-half (½) hour duration. When
establishing the duration and scheduling of
meal periods for part-time employees, the
Corporation shall consult meaningfully with
the local Union representative.
 80

(b) When a part-time employee is scheduled to

work for more than two (2) consecutive hours,
he or she shall be entitled to a ten (10) minute
rest period.

14.08 Start Times for Group 3

Except as substantiated by maintenance

operations required to support mail processing or collection

and delivery, the standard start times for the shift periods will
be:

(a) between 23:00 hours and 00:00 hours

(night shift);

(b) between 07:00 hours and 08:00 hours

(day shift);

(c) between 15:00 hours and 16:00 hours

(evening shift).

14.09 Shift Times for Group 4

(a) The starting and finishing times of normal

shifts will be as follows:

00:00 - 08:00
08:00 - 16:00
16:00 - 24:00

(b) The Corporation may schedule shifts to

commence not more than one (1) hour before
or one (1) hour after the times outlined above.

(c) Before scheduling shifts more than one (1)

 81

hour before or one (1) hour after the times

listed above, the Corporation will consult with
the Union.

(d) There shall be an equitable distribution of shift

work among available qualified employees.

(e) When the scheduled shift hours are modified

in accordance with paragraphs 14.09(b) and
(c), then a day as defined in sub-paragraph
14.04(d)(i) is modified accordingly.

14.10 Schedules of Work for Group 1

(a) Schedules of work shall be established for an

undetermined period and posted in an
appropriate place. A copy of the schedules
shall be forwarded to the local of the Union
immediately after the posting.

(b) Schedules of work shall indicate the days of

work, the days of rest, the time of the
beginning and end of the shift and the time off
for a meal.

(c) The Corporation may change the schedules

provided it has had, within a reasonable time
before the change, meaningful consultations
with the representatives of the Union.

14.11 Schedules of Work for Group 2

(a) Schedules covering hours and days of work

shall be posted in the appropriate place at
least one (1) week in advance, but in cases
where there is a need due to operational
 82

requirements the Corporation may change the

schedule through meaningful consultation,
provided that forty-eight (48) hours advance
notice is given.

(b) Where the Corporation changes the

schedules of part-time employees in
accordance with this clause and an employee
is not offered work for the required thirteen
and one-third (13 1/3) hours within the week,
the Corporation shall pay him or her the
required hours.

14.12 Schedules of Work for Groups 3 and 4

(a) Schedules of hours of work shall be posted at

least fifteen (15) calendar days in advance of
the starting date of the new schedule, and the
Corporation shall arrange schedules which will
remain in effect for a period of not less than
twenty-eight (28) calendar days. The
provisions of paragraphs 14.12(b) to (e) apply
to Group 4 only.

(b) The Corporation will not schedule the

commencement of a shift within eight (8)
hours of the completion of the employee's last
shift unless the local and the corporate
representatives at that work location agree
otherwise.

(c) The schedule may be an entire shift cycle in

itself or portion thereof and the employees
affected shall work an average of forty (40)
hours per week over the period of the cycle in
accordance with paragraph 14.02(g).
 83

(d) The local representative will be provided with

a copy of the current shift schedule and shift
cycle.

(e) If the shift schedule is not posted within the

time limits in this clause, then the employee's
upcoming schedule shall be considered to be
a continuation of his or her present shift cycle.

14.13 Alteration of Shift of an Employee in

Groups 1 and 2

In the event the shift hours and/or days of

work of a full-time employee or, in offices Grade 9 and up,
a part-time employee, are changed by the Corporation and
less than forty-eight (48) hours' advance notice is given, all
hours worked by the employee on the first scheduled shift
following the change will be paid for at the rate of time and
one-half (1½) the employee's regular rate. Any return to the
employee's previous hours and/or days of work will not be
considered a change subject to premium pay under this
clause unless the return is delayed beyond ten (10) working
days and, in such circumstances, at least forty-eight (48)
hours' advance notice is not given. The above shall not
apply to any change which:

(a) is consistent with an employee's request;

(b) is occasioned by the application of another

provision of this collective agreement;

(c) involves an employee acting as a replacement

where such replacement function is an
integral part of that employee's duties.

The offer made to a part-time employee to

extend his or her hours of work before or after the
 84

employee's scheduled hours of work is not an alteration of

shift within the meaning of this clause.

14.14 Change in Hours of Work in Group 3

The Corporation will review with the local

Union representative any change in hours of work which the
Corporation proposes to institute, when such change will
affect the majority of the employees governed by the
schedule. In all cases following such reviews, the
Corporation will endeavour to accommodate such employee
representations as may have been conveyed by the Union
representative(s) during the meeting.

14.15 Alteration of Shift of an Employee in

Group 3

An employee whose scheduled hours of work

are changed without five (5) working days prior notice:

(a) shall be compensated at the rate of time and

one-half (1½) for the first full shift worked on
the new schedule. Subsequent shifts worked
on the new schedule shall be paid for at
straight time;

(b) shall retain his or her previously scheduled

days of rest next following the change, or, if
worked, such days of rest shall be
compensated in accordance with sub-
paragraph 17.01(a)(ii).

(c) Provided sufficient advance notice is given

and with the approval of the Corporation,
employees may exchange shifts if there is no
increase in cost to the Corporation.
 85

14.16 Change in Schedule or Cycle in Group 4

The Corporation agrees that before a shift

schedule or shift cycle is changed, if the change will affect
more than one (1) employee, the change will be discussed
with the local representative where practicable.

14.17 Change in Shift in Group 4

(a) In the event that an individual employee's shift

hours and/or days of work are changed to
accommodate an unanticipated absence of an
employee not initiated by the Corporation, and
less than fifteen (15) calendar days' advance
notice of such change is given, the employee
shall be paid a premium equal to the amount
shown in note 6 (b) of Appendix “A” for work
performed on the first scheduled shift
changed in addition to his or her daily rate of
pay. When an employee works less than four
(4) hours of the first scheduled shift changed
no premium will be paid.

(b) In the event that an individual employee's

shift hours and/or days of work are changed
for reasons other than accommodating an
unanticipated absence of an employee not
initiated by the Corporation, and less than
twenty-one (21) calendar days' advance
notice of such change is given, the employee
shall be paid a premium equal to the amount
shown in note 6 (b) of Appendix “A” in
addition to his or her daily rate of pay for work
performed on each of the changed scheduled
shifts for which twenty-one (21) calendar days
advance notice was not given to a maximum
of three (3). When an employee works less
 86

than four (4) hours of any scheduled shift

changed no premium will be paid for that shift.

(c) Any return to the employee's previous hours

and/or days of work will not be considered a
change subject to premium pay under this
clause unless the return is delayed beyond
ten (10) working days and, in such
circumstances, at least forty-eight (48) hours'
notice is not given.

(d) (i) The above shall not apply to an

employee who requests a change.

(ii) The above shall apply to an employee

assigned to a course away from his or
her assigned work place.

(e) (i) Notwithstanding the above, a change

to an employee's shift schedule shall
not result in a rescheduling of the first
group of previously scheduled days of
rest.

The “first group of previously

scheduled days of rest” means the
days of rest shown on the employee's
unchanged shift schedule,
immediately following but not
necessarily contiguous to the day
prior to the change.

(ii) An employee required to work on the

“first group of previously scheduled
days of rest” will be compensated for
those days, at the applicable overtime
rate as specified in sub-paragraph
 87

17.01(a)(ii) and clause 18.05, but will

not be entitled to the premiums
provided in paragraphs 14.17(a) and
(b).

14.18 Change in Scheduled Hours of Work in

Group 4

When an employee who is normally subject to

paragraph 14.02(f) is required to work his or her normal eight
(8) hours a day at times other than those specified in
paragraph 14.02(f) he or she shall receive his or her normal
daily rate of pay plus a premium payment as follows:

In a calendar month for days worked in

accordance with the above,

(a) for the first and second day, in accordance

with note 6(b) of Appendix “A” for each day,

(b) for the third, fourth and fifth day, in

accordance with note 6(c) of Appendix “A” for
each day,

(c) for the sixth and subsequent days, in

accordance with note 6(d) of Appendix “A” for
each day.

If the employee works less than four (4) hours,

he or she shall receive the full premium for the day and
revert to his or her normal schedule for that day, which will
be reduced by the equivalent number of hours that he or she
worked. If the employee works four (4) hours or more, he or
she shall be paid the full premium for the day and his or her
normal daily rate of pay.

Hours worked in excess of eight (8) hours per

 88

day shall be subject to Article 15.

14.19 Reporting for Work for Employees

Where an employee reports for work at his or

her scheduled starting time and where work is not available
in his or her normal assignment, the employee may be
required to perform other available work, provided clothing
normally made available for the work in question is made
available to him or her. For purposes of this clause, the
words “scheduled starting time” shall be applied in a manner
consistent with practices in effect immediately prior to the
signing of this agreement.

14.20 Wash-up Time

Employees shall, during working hours, be

allowed five (5) minutes paid wash-up time before the meal
period when the nature of their work makes it necessary.

14.21 Rotation of Duties of Employees in

Group 1

A program of work shall be developed for the

employees in a work complement so that each employee
may, as much as possible, have an opportunity to perform all
the duties of his or her classification to the same extent as
the other employees of his or her complement. The program
shall include the method of rotation and the time during
which the employees will perform a set of duties pertaining to
the classification.

Further, when establishing a program of work,

the Corporation will make every reasonable effort to ensure
that employees assigned to coding duties or the manual
 89

loose loading and manual loose unloading of parcels in

vehicles will not be required to perform these duties for the
entire shift.

Such a program of work shall be established

after meaningful consultation at the local level.

14.22 Shifts not Commencing and Ending on the

Same Day for Group 3

When an employee's scheduled shift does not

commence and end on the same day, such shift shall be
deemed for all purposes to have been entirely worked:

(a) on the day it commenced where half or more

of the hours worked fall on that day, or

(b) on the day it terminates where more than half

of the hours worked fall on that day.

Accordingly, the first day of rest will be

deemed to start immediately after midnight of the calendar
day on which the employee worked or is deemed to have
worked his or her last scheduled shift; and the second day of
rest will start immediately after midnight of the employee's
first day of rest, or immediately after midnight of an
intervening designated paid holiday if days of rest are
separated thereby.

14.23 Shifts not Commencing and Ending on the

Same Day for Group 4

An employee's regularly scheduled daily hours

of work are hours which may fall within one (1) day or may
embrace the latter part of one (1) day and the beginning of
the following day.
 90

14.24 Weekend Staff for Group 1

It shall be understood that the work which is

normally and regularly to be performed on Saturdays and
Sundays shall be apportioned so that no classification or
employee shall be scheduled exclusively on weekends.

14.25 Days of Rest, Weekend Work for Groups 3

and 4

The Corporation shall schedule the hours of

work so that:

(a) these employees have two (2) consecutive

days of rest in every week, except in those
weeks in which a work schedule change for
the purpose of rotating weekend work has
been effected;

(b) the two (2) consecutive days of rest may be

separated by a designated paid holiday, and
the consecutive days of rest may be in
separate calendar weeks;

(c) weekend work is allocated on an equitable

basis to ensure that employees have as many
weekends off as possible;

(d) in extenuating circumstances, following local

consultation and agreement, days of rest may
be separated in the schedule.

14.26 Headquarters for Group 4

(a) An employee shall have an assigned

permanent headquarters and this shall be his
or her work place. This shall be the point
 91

where the employee reports, commences and

ends his or her day's work.

(b) In the event that the employee's permanent

headquarters is changed, the Corporation will
give not less than one (1) month's notice in
writing of the impending change.

14.27 Period of Rest Between Two Shifts

(a) The Corporation shall allow between two

shifts a rest period equivalent to a normal
shift.

(b) This clause shall not apply, however, in cases

where an employee works overtime and it
cannot be invoked to prevent accomplishment
of overtime.

14.28 Statement of Hours Worked by Employees

(a) At the end of each fiscal period, the

Corporation will provide the Union with a report
for each group in electronic format. The report
will include for each plant, depot and retail
counter: the regular and overtime hours
worked for full-time, part-time and temporary
employees by classification; as well as the paid
hours and leave without pay hours.

(b) The report shall include year-to-date numbers.

This information shall be identified by cost
center.

14.29 Night Shift in Group 1

(a) The work schedule applicable to employees

 92

assigned to night shift work shall contain two

(2) consecutive rotation days off during two (2)
of every three (3) consecutive workweeks. In
offices where employees currently have a
higher ratio of weeks in which their rotation
days off are consecutive, such ratio will be
maintained unless modified as a result of
reallocating assignments to other shifts. It is
further agreed that existing practices resulting
from mutual agreement that are, in the opinion
of the Union, more favourable to employees
shall be maintained.

(b) In addition to paragraph 14.29(a), it is agreed

that, within three (3) months following the
signing of the agreement, the parties will
consult in order to determine the practicability
of establishing work schedules containing
more frequent weekly consecutive rotation
days off for employees assigned to night shift.

Should this consultation produce positive

results, new schedules will consequently be
put in effect.

14.30 Day Shift Assignments

While recognizing that, as much as possible,

the work is normally performed during the day, and the
evening and night work should be minimized, the
Corporation agrees to study the organization of its
operations during the life of this agreement in order to review
evening and night work, taking into account service levels,
costs and other relevant factors.
 93

14.31 Variation in Hours in Group 3

(a) Notwithstanding the provisions of this article,

employees, with the approval of the
Corporation, may complete their weekly hours
of employment in a period other than five (5)
full days provided that, over a period to be
determined by the Corporation, employees
work an average of forty (40) hours per week.
In every such period, employees shall be
granted days of rest on days not scheduled as
normal work days for them.

(b) Notwithstanding anything to the contrary

contained in this agreement, the
implementation of any variation in hours shall
not result in any additional overtime work or
additional payment by reason only of such
variation, nor shall it be deemed to prohibit the
right of the Corporation to schedule any hours
of work permitted by the terms of this
agreement.

14.32 Summer and Winter Hours, Flexible

Hours in Group 3

(a) At any location, the schedules of hours of

work and attendant overtime provisions, may
be varied by the Corporation, following
meaningful consultation with local Union
representatives, to allow for summer and
winter hours and/or flexible hours.

(b) Within five (5) working days of notification of

consultation served by either party, the Union
shall notify the Corporation, in writing, of the
representative authorized to act on behalf of
 94

the Union for consultation purposes.

(c) An employee in Group 3 may be granted

flexible hours provided that such arrangement
is consistent with the administration or
operational requirements of the section in
which the employee works, results in no
increased cost to the Corporation and is
mutually agreed to by the employee and his or
her supervisor.

14.33 Exception for Group 3

Notwithstanding the provisions of Article 15, in

the application of clauses 14.31 and 14.32, an employee will
be paid at straight-time rates for all regularly scheduled
hours of work.

14.34 Exception for Group 4

Notwithstanding the provisions of clause

15.01, an employee shall be paid at his or her straight-time
hourly rate for all work performed during his or her regularly
scheduled hours of work, including all work performed during
regularly scheduled hours of work which embraces not more
than two (2) hours of the latter part of a day designated as a
holiday or not more than two (2) hours of the latter part of a
second day of rest, and not more than two (2) hours at the
beginning of the following day.

14.35 Encroachment in Group 4

An employee who has not had a break of eight

(8) consecutive hours during a twenty-four (24) hour period
in which he or she works more than fifteen (15) hours shall
not be required to report for work on his or her regularly
scheduled shift until a period of ten (10) hours has elapsed
 95

from the end of the period of work that exceeded fifteen (15)
hours. If, in the application of this clause, an employee
works less than his or her regularly scheduled shift, he or
she shall, nevertheless, receive his or her regular daily rate
of pay.
For the purpose of this clause, time
necessarily spent in travel required by the Corporation shall
be considered as time worked.

14.36 Change of Employee's Normal Work Week

in Group 4
The following applies to a change in an
employee's normal work week in paragraph 14.02(f) or (g).
An employee shall not be subject to being alternated
between these paragraphs and no employee shall have his
or her normal work week changed unless the requirement
to change is consistent for thirty (30) calendar days or
more. Advance notice of such requirement which will
involve a change in the employee's normal work week
should be given at the earliest possible date but, in any
case, not less than thirty (30) calendar days prior to the
earliest date that the changed circumstances may
commence. If notice of the change is less than thirty (30)
calendar days, the employee shall be paid a premium equal
to the amount shown in note 6 (b) of Appendix “A” for each
shift or day worked during the period of the change for
which he or she has not received thirty (30) calendar days’
notice. Such notice shall not be required when the
employee concerned is promoted, is acting in a higher level
position or the change is in response to the employee's
request.
 96

ARTICLE 15

OVERTIME
15.01 Rates

(a) (i) For full-time employees, overtime work

shall be remunerated at the rate of time
and a half (1½) for all hours worked in
excess of eight (8) hours per day and
at the rate of double time from the third
hour of overtime performed on the
same day. Notwithstanding the above,
in the case of Group 2, the one-half (½)
hour paid lunch shall be considered as
time worked for the purpose of
calculating overtime payments in this
article.

(ii) For part-time employees, overtime shall

be paid at the rates provided for in sub-
paragraph 15.01(a)(i) for all hours
worked in excess of eight (8) hours per
day or forty (40) hours per week.

15.02 Meal and Rest Periods

(a) A full-time employee required to work more

than two (2) hours overtime in excess of his or
her daily schedule or shift shall be reimbursed
for a meal allowance in the amount of six
dollars and twenty-five cents ($6.25).

(b) A full-time employee who works overtime for a

known period of two (2) hours immediately
following or immediately prior to his or her
regular shift will be given a fifteen (15) minute
 97

rest period prior to the termination or at the

beginning of his or her regular shift as
applicable. This rest period shall be taken
during his or her regular working hours and
shall therefore be paid at straight time.

(c) A full-time employee who works overtime for a

known period of more than two (2) hours
immediately following or immediately prior to
his or her regular shift shall, in addition to the
rest period specified in paragraph 15.02(b), be
entitled to a rest period of fifteen (15) minutes
after the initial two (2) hour period. This rest
period will be paid at the applicable rate.

If the overtime worked is three (3) hours or

more and he or she is entitled to a meal break
under paragraph 15.02(d), the rest period will
not be given.

(d) A full-time employee who works overtime for a

period of three (3) hours or more, immediately
prior to or immediately after his or her
regularly scheduled shift, will be provided a
paid meal period of one-half (½) hour to be
paid for at the rate of time and one-half (1½).

(e) Where a full-time employee works overtime

prior to and following his or her regular shift,
and his or her total on-duty time is eleven (11)
hours or more, he or she shall be entitled to a
meal period of one-half (½) hour paid for at
time and one-half (1½) provided he or she has
not received such meal period under the
provisions of paragraph 15.02(d).

(f) An employee who works overtime shall be

 98

allowed, during working hours, a paid period

of five (5) minutes to wash up before the meal
period, where the nature of his or her work
makes it necessary.

(g) The provision of paragraphs 15.02(a) to (f),

apply to part-time employees in Group 2 when
they work overtime in accordance with clause
15.01.

15.03 Overtime Notice and Guarantee

An employee shall, wherever possible, be

notified at least three (3) hours in advance of coming
overtime and, in every case, at least one (1) hour in
advance.

15.04 Posting of Lists

(a) For the purpose of equalizing opportunity to

perform required overtime work, the
Corporation shall post and maintain
appropriate lists of employees in order of
seniority, applicable to each postal
installation. Such lists shall indicate the
overtime opportunities offered each
employee.

(b) Notwithstanding paragraph 15.04(a), for the

purpose of equalizing opportunity to perform
required overtime work in a particular
classification in Group 2, the Corporation
agrees to post and maintain appropriate lists
of employees in order of seniority applicable
to each postal installation, by classification.
 99

15.05 Eligibility

(a) Where less than a full complement of

employees in Group 1 are required to work
overtime, an employee will be given equal
opportunity to perform the overtime work in
accordance with the list on which his or her
name appears.

(b) Where less than a full complement of

employees in a classification in Group 2 are
required to work overtime, an employee will
be given equal opportunity to perform the
overtime work in accordance with the list for
the applicable classification.

15.06 Definition of Equal Opportunity in

Groups 1 and 2

Equal opportunity for overtime shall mean that

once an appropriate list is established, overtime
assignments will be offered to persons on the applicable list
who have had a fewer number of overtime opportunities until
sufficient employees have been obtained to fulfill the
requirements. When there is more than one employee who
had a fewer number of overtime opportunities (as mentioned
above), overtime assignments will be offered to such
employees in the descending order of the appropriate list.
Equal opportunity entails no obligation on the part of the
Corporation for equal distribution of overtime hours worked.

15.07 Order of Priority for Group 1

In the application of clause 15.06, overtime

work will be offered as follows:

(a) to employees on duty who normally perform

 100

the work on which overtime is required in an

office or on a particular shift within an office,
or, where applicable, in a division or section of
an office in descending order of the
appropriate list;

(b) to employees scheduled to work their regular

shift when the overtime is required
immediately prior to that shift.

15.08 Assignment of Overtime for Group 2

Insofar as practicable, overtime on an

employee's route or assignment will be performed by the
employee assigned to that particular route or assignment.

15.09 Definition of an Opportunity in

Groups 1 and 2

An employee on the appropriate list when

overtime is worked shall be deemed to have had an
opportunity to work overtime in the following instances:

(a) where the employee accepts;

(b) where the employee refuses;

(c) where the employee is absent on leave.

15.10 Allocation of Overtime Work for Groups 3

and 4

(a) Subject to operational requirements, the

Corporation will make every reasonable effort
to avoid excessive overtime and to allocate
overtime work on an equitable basis as
follows:
 101

(i) to those employees in the work section

who normally perform the work required
in the overtime situation;

(ii) when an insufficient number of

employees accept the overtime
opportunity, the overtime shall be
assigned in the same manner as above
by reverse seniority.

(b) Prior to assigning overtime as outlined in sub-

paragraph 15.10(a)(ii), the Corporation may,
at its discretion, offer the overtime work to
other employees of the Corporation in other
work sections in the bargaining unit.

15.11 Order of Solicitation for Overtime for

Groups 3 and 4

When the Corporation has determined that

overtime work is required, the following shall apply:

(a) The opportunity will be expressed in terms of

actual overtime hours offered or worked in the
overtime situation.

(b) Of those employees to be solicited for the

overtime situation in accordance with sub-
paragraph 15.10(a)(i), the employee with the
least hours to his or her account will be the
first to be offered the opportunity.

(c) On the application of paragraph 15.11(b),

where two or more employees have an equal
number of hours, the employee with more
seniority will be the first to be solicited.
 102

(d) Where a specific employee or specific

employees have been assigned to equipment
repairs, urgent work orders, and/or time-
sensitive projects which, at the end of their
shift remain uncompleted, and there is an
insufficient number of employees scheduled to
report for the following shift to complete the
work required, the Corporation may assign the
overtime to those employees who have the
work in progress without regard to paragraphs
15.11(b) and (c).

(e) On weekend shifts and on designated

holidays, where employees are required to be
on duty primarily to support mail processing or
collection and delivery operations, and where
there is additional overtime which may be
required as a result of an unforeseen
extension to the operations, it shall be offered
first to those employees already on shift
without regard to paragraphs 15.11(b) and (c).

(f) Each employee's account shall be increased

to include the overtime opportunity wherever:

(i) the opportunity is offered and the

employee agrees to work the overtime
on a voluntary basis;

(ii) the opportunity is offered and the

employee refuses;

(iii) situations as described in clauses

15.28 and 15.29 occur during the
solicitation process;
 103

(iv) the employee was improperly

bypassed in the solicitation process.

15.12 Modification of a List

When, because of transfer, acting promotion,

promotion, demotion or the hiring of an additional employee,
the name of the employee should be added to the
appropriate list, the following will apply:

(a) his or her name shall be placed on the list

according to his or her seniority;

(b) he or she shall be deemed to have had the

same number of overtime opportunities as the
employee on the appropriate list having had
the most overtime opportunities.

15.13 No Loss of Opportunity

An employee on the appropriate list at the time

the overtime is worked will not be considered as having had
an opportunity to work overtime in the following instances:

(a) where the employee is on rotation day off;

(b) where an employee has been assigned

overtime in an ascending order on a list in
accordance with clause 15.14.

15.14 Compulsory Overtime

In the event that the Corporation is unable to

obtain sufficient employees to work overtime by following the
system of equal opportunity in descending order, then the
Corporation shall, in accordance with the system of equal
 104

opportunity, assign the required number of employees to

work overtime in an ascending order from the appropriate
list. Where standards of service and plant capacity permit,
the Corporation will take reasonable measures to ensure
that assignments to work overtime in ascending order of the
appropriate list will be minimized.

This clause is suspended until January 1, 2022.

15.15 Failure to Post

When an employee claims to have been

bypassed in the administration of equal opportunity, the
burden of proving otherwise shall be the Corporation's if it is
shown that the appropriate overtime lists were not posted in
accordance with the collective agreement.

15.16 Regular Assignment to Different

Installations

Employees who regularly work in different

postal installations shall be offered opportunities to perform
overtime work in the following manner:

(a) in the case of an anticipated assignment for a

period of ten (10) calendar days or less, the
overtime opportunities to which the regular
employee would have been entitled;

(b) in the case of an anticipated assignment for a

period of more than ten (10) calendar days,
opportunities available through the application
of the procedure set forth in clause 15.12.
 105

15.17 Administration

The administrative details relative to the

implementation of these clauses, including the compilation of
lists and the manner in which employees are notified of
overtime, shall be established following meaningful
consultation at the local level.

Such local agreements concluded prior to the

coming into force of this collective agreement shall remain in
effect.

15.18 Penalty for Bypassing

If an employee alleges that he or she has been

bypassed in administering equal opportunity and such
allegation is substantiated, he or she shall be paid an
amount equal to the amount he or she would have earned
had he or she worked overtime on the missed opportunity.

15.19 Itemized Statement

The payment for overtime will be accompanied

by an itemized statement.

15.20 Alternative Arrangements

Where the above system cannot be adapted to

local conditions and alternative arrangements must be
made, such arrangements must conform to the principle of
equal opportunity.

15.21 Definition of Complement for Group 1

For the purposes of the application of equal

 106

opportunity for overtime work, the term “complement” means

two or more employees in the same classification being
assigned to the same section and having the same normal
working hours.

15.22 Equal Opportunity for Part-time Letter

Carriers and Part-time Mail Service
Couriers

(a) The allocation of additional hours to available

part-time letter carriers and/or part- time mail
service couriers will be governed by the
principles of equal opportunity. In the case of
part-time mail service couriers, the additional
hours will be governed by the principles of
equal opportunity when this procedure allows
for coverage of duties within the established
schedule.

(b) In the application of paragraph 15.22(a), part-

time mail service couriers’ availability to work
extra hours should be determined before their
departure from the installation on their regular
assignments when:

(i) the Corporation has sufficient advance

notice of the requirement for extra
duties,

and

(ii) service standards will allow for the

performance of such duties after
completion of the mail service couriers’
regular assignments.
 107

15.23 New Employees for Groups 3 and 4

When an employee is newly hired or appointed

into a work section, and after a period of orientation, his or
her name is added to the overtime list and his or her
overtime account will be set to the highest number of hours
in the accounts of the other employees in his or her work
section in the same classification.

15.24 Resetting the Overtime Accounts for

Groups 3 and 4 Employees

On the first Monday after April 1st of each

year, the overtime accounts of all employees will be reset
to reflect the difference in hours between the employees.

15.25 Employees in Groups 3 and 4 on Leave or

on Training

(a) For the purposes of this article, an employee

who is absent from the workplace on any type
of approved leave in accordance with the
collective agreement, or who is away from the
workplace on approved training, will not be
contacted for overtime work until he or she
reports back for his or her first full shift.

(b) If an opportunity for overtime work arises and

such employee would have been offered the
opportunity had he or she not been on leave
or on training, his or her account will not be
charged with the hours of the overtime
opportunity.

(c) When an employee begins a period of

approved vacation leave and one or both of
his or her days of rest in the week preceding
 108

his or her leave period are contiguous to the

leave period, such employee will not be
contacted until he or she reports back for his
or her first full shift.

15.26 Standby for Group 3

No employee shall be required to be available

on standby during off-duty hours.

15.27 Standby for Group 4

(a) When an employee is notified in writing that

he or she will be required to be available for
work during his or her off-duty hours, he or
she shall be entitled to a standby payment of
fifteen dollars ($15) for each consecutive eight
(8) hours or portion thereof that he or she is
required to remain available.

(b) While an employee is not required to have a

telephone, an employee designated for
standby duty shall be available during his or
her period of standby at a known telephone
number and be able to return to duty as
quickly as is practicable when he or she is
called, but in any event not later than one (1)
hour after he or she is called.

(c) No payment for standby will be made for any

eight (8) hour period referred to in paragraph
15.27(a) if an employee is unable to report for
duty when required during that period.

(d) No employee will be assigned standby duties

when otherwise not required to work on a
statutory holiday.
 109

(e) The Corporation agrees that standby for the

afternoon and/or night shifts shall be on a five
(5) day basis, Monday to Friday inclusive.

(f) When an employee is required for standby

duties on weekends, one employee per
weekend will be assigned to such standby
unless mutually arranged otherwise at local
work sites.

(g) In respect of paragraphs 15.27(e) and (f), the

Corporation agrees to give seven (7) calendar
days' notice of such standby requirement
unless it is essential to provide a replacement
due to the inability of the assigned employee
to assume or continue standby duties.

(h) The Corporation shall have the right to put an

employee on standby duty in a specific
instance where there is a requirement known
in advance.

(i) When there is a known requirement for

standby duties on a continuing basis, the
Corporation will use its best endeavours to
distribute the standby duties on an equitable
basis among qualified available employees
and to distribute the standby duties on a
weekly basis among such qualified
employees.

(j) An employee on standby who was called into

work and who reports to work in accordance
with the above, shall be compensated in
accordance with the call-back provisions of
this agreement.
 110

(k) Standby shall not be used to replace an

employee absent from a regularly scheduled
shift.

(l) The Corporation agrees that in those areas

where electronic paging devices are both
available and practical they will be provided
without cost to those employees on standby.

15.28 Employee in Groups 3 or 4 Serving a

Suspension

(a) For the purposes of this article, an employee

serving a suspension will be considered to be
unavailable until he or she reports back for his
or her first full shift.

(b) If an opportunity for overtime work arises and

such employee would have been offered the
opportunity had he or she not been serving
the suspension, his or her account will be
charged with the hours of the overtime
opportunity as it occurs.

15.29 Employee in Groups 3 or 4 Not on Duty

(a) Other than as described in clauses 15.25 and

15.28, when the employee next to be solicited
for an overtime situation is not on duty, the
Corporation shall make one (1) attempt to
contact him or her by telephone at his or her
permanent place of residence.

(b) If the employee is not contacted at the time of

the call, the Corporation will attempt a second
phone call immediately. If the employee is not
 111

contacted on the second phone call, the

opportunity for overtime shall be deemed to
have been offered and the employee's
account will be charged accordingly.

(c) A record will be kept of the date and time of

the attempted phone calls and the
Corporation's representative who made the
call.

(d) An employee who does not advise the

Corporation of his or her telephone number at
his or her permanent place of residence shall,
whenever he or she would have been solicited
at this permanent place of residence, be
deemed to have been offered the overtime
opportunity, and his or her account will be
charged accordingly.

(e) Wherever practicable, the solicitation process

for scheduled overtime work will be planned
sufficiently in advance to be able to conduct
the solicitation during the employees' regular
hours of work, minimizing the necessity to
contact employees at their residence during
their off-duty hours.

15.30 Transportation Allowance for Group 3

When an employee is required to report for

work which is not contiguous to his or her regularly
scheduled hours, he or she shall be reimbursed for
reasonable expenses incurred as follows:

(a) mileage allowance at the rate normally paid to

an employee when authorized by the
 112

Corporation to use his or her automobile when

the employee travels by means of his or her
own automobile,

or

(b) out-of pocket expenses for other means of

transportation.

15.31 Transportation Allowance for Group 4

When an employee is required to work either

contiguous or non-contiguous overtime and is required to
use other than normal public transportation services, he or
she shall be reimbursed for reasonable expenses incurred
as follows:

(a) mileage allowance at the rate normally paid to

an employee when authorized by the
Corporation to use the automobile when the
employee travels by means of his or her own
automobile,

or

(b) out-of-pocket expenses for other means of

commercial transportation.

Other than when required by the Corporation

to use a vehicle of the Corporation for transportation to a
work location other than his or her normal place of work,
time spent by the employee reporting to work or returning to
his or her residence shall not constitute time worked.
 113

15.32 Compensatory Time for Groups 1 and 2

At the request of an employee, his or her

overtime hours may be converted into compensatory time off
rather than being paid.

Compensatory time off will be granted at the

written request of the employee and with the approval of the
Corporation, provided service standards are maintained and
no overtime payments result from granting such time off.
Once the Corporation has approved the leave, it shall not be
withdrawn within a five (5) working day period preceding the
commencement of the compensatory time off.

At the end of each leave year, an employee

shall automatically have all remaining compensatory time
paid out unless, on written request, as per the rules set out
by the Corporation, he or she elects to carry over to the next
leave year up to a maximum of five (5) days of
compensatory time.

In addition to the payout at the end of each

leave year, an employee has the option, on written request,
as per the rules set out by the Corporation, of having some
or all of their compensatory time as at July 1st, October 1st,
and January 1st of each year, paid out.

The payout of compensatory time at any other

time is not allowed.

15.33 Compensation for Overtime for Group 3

Overtime shall be compensated in cash,

except where, upon request of an employee, overtime will be
compensated in equivalent leave with pay.

The Corporation shall grant compensatory

 114

leave at times convenient to the employee and the

Corporation.

Compensatory leave with pay not used by the

end of the leave year in which it is earned may be carried
over to the next leave year and, if not liquidated by the end
of that leave year, then payment in cash will be made.
Payment will be at the employee's hourly rate of pay as
calculated from the classification prescribed in his or her
letter of appointment as at the end of the leave year.

15.34 Compensation for Overtime for Group 4

(a) An employee assigned to work away from his

or her assigned permanent headquarters may
accumulate time off in lieu of overtime at the
appropriate overtime rate. Such time off will be
liquidated at a mutually acceptable time.

(b) Overtime earned within the assigned

permanent headquarters area shall be
compensated in cash, except where, upon
request of an employee and with the approval
of the Corporation, an employee may be
granted time off in lieu of overtime at the
appropriate overtime rate. Such approval
shall not be unreasonably withheld.

(c) If any time off in lieu of overtime earned under

paragraph (b) cannot be liquidated by the end
of the leave year, then payment in cash will be
made at the employee's rate of pay as of the
last day of the leave year.

15.35 No Pyramiding in Groups 1 and 2

The parties agree that there shall be no

 115

pyramiding of premium rates.

ARTICLE 16

SHIFT AND WEEKEND PREMIUMS

16.01 Shift Premiums

(a) (i) Employees shall receive an additional

premium of one dollar and fifteen cents
($1.15) per hour for working during
hours stipulated in sub-paragraph
16.01(a)(ii).

(ii) This premium shall be payable in

respect of all hours worked between
17:00 hours and midnight.

Notwithstanding the above, no

premium shall be payable to
employees in Group 2 on shifts which
start and finish between 06:00 and
18:00 hours.

(iii) Where employees are paid this

premium for the majority of hours of a
regularly scheduled shift, they shall be
paid this premium for all hours worked
during the shift, except for the hours for
which they are entitled to the premium
provided for under sub-paragraph
16.01(b)(ii).

(b) (i) Employees shall receive an additional

premium of one dollar and forty cents
($1.40) per hour during working hours
 116

stipulated in sub-paragraph 16.01(b)(ii).

(ii) This premium shall be payable in

respect of all hours worked between
midnight and 07:00 hours.

Notwithstanding the above, no

premium shall be payable to
employees in Group 2 on shifts which
start and finish between 06:00 and
18:00 hours.

(iii) Where employees are paid this

premium for the majority of hours of a
regularly scheduled shift, they shall be
paid this premium for all hours worked
during the shift.

16.02 Weekend Premium

(a) Employees shall receive an additional

premium of one dollar and forty cents ($1.40)
per hour for work on a Saturday and on a
Sunday for hours worked as stipulated in
paragraph 16.02(b).

(b) Saturday and Sunday premium shall be

payable in respect of all hours at straight time
rates worked on Saturday and/or Sunday.
 117

ARTICLE 17

WORK ON A DAY OF REST, CALL-BACK AND

UNCOVERED LETTER CARRIER WALKS OR
MAIL SERVICE COURIER ASSIGNMENTS

17.01 Work on a Day of Rest

(a) (i) “Day of rest” in relation to an employee

means a day other than a holiday on
which that employee is not ordinarily
required to perform the duties of his or
her assignment other than by reason of
his or her being on leave of absence.

(ii) An employee shall be paid at the rate of

double (2) time for all hours worked on
a day of rest.

(iii) An employee called in to work on his or

her day of rest will receive a minimum
of three (3) hours of work or pay in lieu
of work at double (2) time, subject to
his or her willingness to perform any
work available in his or her own
classification.

(iv) Where employees are required to work

on a day of rest, the principles
contained in Article 15 will apply.

(b) When a part-time employee in Group 2, other

than a part-time employee on a regular five (5)
day schedule, is required to work on the sixth
and/or seventh consecutive day in any seven
(7) day period, such work shall be considered
as work on a day of rest.
 118

17.02 Call-Back

(a) An employee called back to work after having

completed his or her scheduled hours of work
for the day and having left the Corporation's
premises will receive a minimum of three (3)
hours work or pay in lieu of work at the
applicable overtime rates, subject to his or her
willingness to perform any work available in
his or her classification.

(b) Insofar as possible, work assignments

covered by this clause shall be in accordance
with the principle of equal opportunity as
provided in Article 15.

(c) An employee called back to work and who

works overtime for a known period of two (2)
hours is entitled to a fifteen (15) minute rest
period after two (2) hours of work if he or she
continues to work thereafter. This rest period
will be paid at the applicable rate. If the
overtime period is three (3) hours or more, he
or she is entitled to a paid meal period of one-
half (½) hour to be paid at time and one-half
(1½). In this case, the rest period mentioned
above will not be given.

(d) Where, in an emergency situation and as a

result of a problem arising, the Corporation, in
lieu of calling an employee in Group 4 back to
work, contacts the employee to obtain
information regarding the operation and/or the
repair of a piece of equipment, the employee
shall be entitled to compensation equivalent to
one (1) hour's pay at the straight-time rate.
 119

17.03 Meal and Rest Periods

(a) Where a full-time employee is required to

work on a day of rest, he or she shall be
entitled to rest periods, meal periods, wash-
up time and, where applicable, meal
allowance:

(i) in the manner provided for in Article 14

if he or she is called to work the
number of hours of a regular shift;

(ii) in the manner provided for in Articles

14 and 15 if he or she is called to work
more hours than the number of hours
of a regular shift.

(b) Where a full-time employee is called to work

fewer hours on a day of rest than the number
of hours of a regular shift, he or she shall,
during working hours, be entitled to:

(i) a paid rest period of fifteen (15)

minutes after two (2) hours at work if he
or she continues to work thereafter;

(ii) a paid meal period of one-half (½) hour

after four (4) hours at work if he or she
continues to work thereafter;

(iii) a paid rest period of fifteen (15)

minutes after six (6) hours at work if he
or she continues to work thereafter.

(c) Where a part-time employee works on a day

 120

of rest, he or she shall be entitled to the

benefits provided for in clause 14.06 or 14.07,
as applicable, except for the applicable rate.

(d) In all cases, the rate of pay provided for in

sub-paragraph 17.01(a)(ii) shall apply.

17.04 Coverage of Uncovered Letter Carrier

Routes or Mail Service Courier
Assignments

When the absences exceed the number of

unassigned letter carriers and the available relief letter
carriers or unassigned mail service couriers or available mail
service couriers (relief) as applicable, and barring
exceptional circumstances such as an insignificant volume of
mail available for delivery, climatic conditions or darkness
which could adversely affect the employee concerned or the
proper delivery of mail, the resulting uncovered routes shall
be covered by the Corporation according to the following
procedure:

(a) With regard to the letter carrier category:

(i) volunteer part-time letter carriers by

seniority at straight time up to a
maximum of eight (8) hours a day who
are either on duty or who are not on
duty, and are called back to work.

Under this clause, part-time employees

will be called back at the discretion of
local post office management. If there
is less than three (3) hours of
scheduled work to be performed,
management may decide to cover the
work through an overtime basis instead
 121

of calling a part-time employee back to

work.

However, part-time employees called

back shall be guaranteed a minimum of
three (3) hours work or pay at the
applicable rate.

(ii) overtime by volunteer full-time letter

carriers;

(iii) overtime by available volunteer part-

time letter carriers;

(iv) where upon completion of the

preceding steps, under paragraph
17.04(a), sufficient volunteers are not
available, additional lists of part-time
and full-time letter carrier volunteers
from other installations within the same
post office jurisdiction are to be
established and applied in accordance
with the sequence outlined in sub-
paragraphs 17.04(a)(i), (ii) and (iii);

(v) by any other means.

(b) With regard to the mail service courier

category:

(i) volunteer part-time mail service

couriers by seniority at straight time up
to a maximum of eight (8) hours a day,
who are either on duty, or who are not
on duty and are called back to work.
Employees called back shall be
guaranteed a minimum of three (3)
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hours work or pay at the applicable

rate;

(ii) overtime by volunteer full-time mail

service couriers;

(iii) overtime by available volunteer part-

time mail service couriers;

(iv) where upon completion of the

preceding steps, under paragraph
17.04(b), sufficient volunteers are not
available, additional lists of part-time
and full-time mail service couriers
volunteers from other installations
and/or shifts within the same post office
jurisdiction are to be established and
applied in accordance with the
sequence outlined in sub-paragraphs
17.04(b)(i), (ii) and (iii).

(v) by any other means.

(c) Overtime as outlined in the clause will be

governed by the principles of equal
opportunity to the extent provided by Article
15 as it can be made applicable to clause
17.04.

(d) In the application of sub-paragraphs

17.04(a)(ii) and (iii) and 17.04(b)(ii) and (iii) in
order for any employee to be considered
available, the employee must be present on
the job site at the time of the absence and in
the case of mail service courier duties, be
available to perform the work within the
established schedule. In the application of
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sub-paragraphs 17.04(a)(iv) and 17.04(b)(iv)

in order for any employee to be considered
available, he or she must submit his or her
name on the appropriate equal opportunity list
and in the case of mail service courier duties
be available to perform the work within the
established schedule.

(e) Allocations of overtime to all employees are

subject to the provisions of Article 11. Unless
a part-time employee has more seniority than
other employees, where his or her hours are
extended, he or she must wait until more
senior employees pick the portion of the route
they wish to cover. As much as practicable,
extensions of part-time hours should not result
in part-time employees working more than
eight (8) hours in a day.

(f) Notwithstanding the preceding clauses, where

leave without pay in accordance with clauses
26.02, 26.03 or 26.04 or leave with pay in
accordance with clause 47.03 has been
approved and subsequently relief staff is not
available, then the method of covering
absences caused by the granting of such
leave shall be a matter for local meaningful
consultation.

17.05 Coverage of Uncovered Letter Carrier

Routes

In the application of clause 17.04 for an

uncovered letter carrier route, the following principles shall
apply:

(a) The number of volunteers available will

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determine the number of hours that will be

assigned.

When there are four (4), three (3), or two (2)

full-time volunteers to cover a full-time
assignment, the assignment shall be split into
four (4) one (1) hour and forty-five (45) minute
portions, three (3) two (2) hour and twenty (20)
minute portions, or two (2) three (3) hour and
thirty (30) minute portions respectively, and
each volunteer shall be guaranteed the time
mentioned above at the rate of time and one-
half (1½). The same principle will apply for
coverage of a part-time route or portion of a
full-time assignment.

(b) Where there is only one (1) volunteer to cover

the full-time assignment, the volunteer shall
select either one (1) hour and forty-five (45)
minutes or three (3) hours and thirty (30)
minutes of work and be guaranteed the
number of hours he or she selects at the rate
of time and one-half (1½).

(c) In circumstances which could adversely affect

the employee concerned or the delivery of mail
where deviation from these procedures is
required, local consultation will be held.

(d) (i) Under normal circumstances,

employees performing the sortation and
preparation of an uncovered letter
carrier route(s) must have these duties
completed prior to the scheduled lunch
period in that installation.

(ii) Where portions of routes require

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priority delivery, such as business

areas, shopping malls or in the case of
large numbers of socio-economic
cheques, the Corporation will
determine when the uncovered walk
will be sorted and prepared and when
the portion containing any of the above
will be delivered on a priority basis over
other portions.

(iii) Notwithstanding sub-paragraph

17.05(d)(i), prior to the employee(s)
selecting the portion of the uncovered
letter carrier route, the Corporation will
determine and advise the employees
how much earlier in the day the selected
portion or portions of each individual
uncovered letter carrier route in sub-
paragraph 17.05(d)(ii) are to be sorted,
prepared and delivered.

(iv) In each location or installation, the

supervisor(s) and Union
representative(s) will meet and consult
on the way in which sub-paragraph
17.05(d)(ii) will be applied in that
installation.

(e) After all requirements in sub-paragraphs

17.04(a)(i), (ii), (iii) and 17.04(b)(i), (ii), (iii) have
taken place and sufficient volunteers are not
available in the installation, volunteers from
other installations under the same post office
will be offered the assignment from a
predetermined list to cover the uncovered
route.
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In cases where an employee wishes to be

included on an equal opportunity list at another
installation, the employee shall ensure that his
or her name is included on that list.

(f) All available mail, including householders

scheduled for delivery that day, must be
delivered in the coverage of an uncovered
walk.

17.06 Coverage of Known Periods of Absence -

Full-time Employees

If a full-time employee in the letter carrier

classification is off on a known absence of five (5) working
days or more, the absence may be covered from the first
day in the following manner:

(a) Relief letter carriers in the installation will bid by

seniority to cover the absence.

(b) If, under paragraph 17.06(a), a relief letter

carrier elects to cover the absence, then full-
time letter carriers in the installation will bid by
seniority to replace the relief letter carrier.

(c) If, under paragraph 17.06(a), there are no relief

letter carriers in the installation who wish to
cover the absence, the absence will be
covered in accordance with
paragraph 17.06(d).

(d) The original absence, or the absence

remaining after or resulting from the
application of paragraph 17.06(b) will be bid
by seniority among part-time letter carriers in
the component. If no such employee wishes
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to accept this temporary assignment it is

offered by seniority to part-time mail service
couriers in the component.

(e) The part-time absence resulting from the

application of paragraph 17.06(d), if any, will
be bid by seniority among employees in the
same classification and component as the
resulting absence.

(f) Finally, the original absence or the absence

remaining after or resulting from the
application of the above paragraphs will be
covered by a temporary employee in
accordance with Article 44.

17.07 Coverage of Known Periods of Absence -

Part-time Employees

If a part-time letter carrier is off on a known

absence of five (5) working days or more, the absence may
be covered from the first day in the following manner:

(a) Part-time letter carriers in the component will

bid by seniority to cover the absence.

(b) The absence remaining after or resulting from

the application of paragraph 17.07(a) will be
covered by a temporary employee in
accordance with Article 44.

17.08 Termination of Coverage

(a) Should a relief employee become available,

the Corporation may terminate coverage of an
absence under clause 17.06 or 17.07,
provided that:
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(i) the coverage under clause 17.06 or

17.07 had continued for at least five (5)
working days, and

(ii) all affected employees have been given

forty-eight (48) hours advance notice.

(b) Should no relief employee have bid to cover

the absence under paragraph 51.01(c) or
52.01(c), and provided that the period
remaining in the original absence is a known
period of five (5) working days or more, the
Corporation may once again make the
absence available for coverage under the
provisions of clause 17.06 or 17.07, as
applicable.

(c) In the application of paragraphs 17.08(a) and

(b), where there is more than one (1) absence
being covered in an installation under clause
17.06, and the Corporation decides to
terminate coverage for less than the total
number of absences in the installation, the
coverage will be terminated in the following
manner:

(i) First, in reverse order of seniority,

coverage of an original absence filled
by a temporary employee under
paragraph 17.06(f), or

In reverse order of seniority, coverage

of an original absence that resulted in a
full-time assignment being filled by a
temporary employee under paragraph
17.06(f);
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(ii) Then, in reverse order of seniority,

coverage of absences filled by part-
time employees under paragraph
17.06(d).

(d) In the application of clause 17.08, where there

is more than one (1) absence being covered
in an installation under clause 17.07, and
where the Corporation decides to terminate
coverage for less than the total number of
absences in the installation, the absence(s) on
which the coverage is terminated will be
chosen in reverse order of seniority of the
temporary employees covering the original or
resulting absences under clause 17.07(b).
Clause 44.15 will then apply to temporary
employees so displaced.

17.09 Bumping Rights

Where the temporary assignment of a regular

part-time employee ends, he or she may displace the most
junior temporary employee in the component who is covering
a temporary full-time assignment.

17.10 Installations With One (1) Relief Letter

Carrier

In installations with only one (1) relief letter

carrier, the primary duty of the relief person will be to
replace employees on vacation leave.
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17.11 Coverage of Known Absences – Other

Classifications - Group 2

The provisions of clauses 17.06 to 17.10,

adapted as may be necessary, shall apply to the coverage of
known absences of five (5) working days or more for
employees in the classifications of Mail Service Courier and
Mail Service Courier (Heavy Vehicle).

ARTICLE 18

DESIGNATED PAID HOLIDAYS

18.01 Designated Paid Holidays

The following are designated paid holidays and

payment to part-time employees shall be subject to clause
18.04:

(a) New Year's Day;

(b) Good Friday;

(c) Easter Sunday;

(d) the day fixed by proclamation of the Governor-

in-Council for celebration of the Sovereign's
birthday;

(e) Canada Day – when July 1 is a Sunday, the

designated paid holiday shall be July 2;

(f) Labour Day;

(g) Thanksgiving Day;

(h) Remembrance Day;

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(i) Christmas Day;

(j) Boxing Day;

(k) one additional day in each year that, in the

opinion of the Corporation, is recognized to be
a provincial or civic holiday in the area in
which the employee is employed, or in any
area where, in the opinion of the Corporation,
no such day is recognized as a provincial or
civic holiday, the Corporation shall give
employees thirty (30) days' notice that the first
Monday in August is the holiday to be
observed;

(l) any additional federally legislated holiday,

when such legislation is passed. This new
holiday would not be in lieu of an existing
holiday.

18.02 Designated Holiday During Vacation

(a) If a paid holiday falls or is observed during a

full-time employee's vacation leave period:

(i) the holiday will be charged to vacation

leave and the employee will become
entitled to an extra day's pay;

or

(ii) the holiday will not be charged to

vacation leave and the employee will
become entitled to an alternate day at a
time requested by the employee,
providing he or she gives the
 132

Corporation ten (10) working days’

notice, in writing, prior to that day.

Where the alternate day of leave

requested is for working days between
December 15 and January 15, the
provisions of Appendix “Y” shall apply.

(b) Where the number of employees requesting

the same day off exceeds the number of
available relief employees, such absences
shall first be covered by available volunteer
part-time employees up to a maximum of eight
(8) hours and, where upon completion of the
preceding step, absences still remain, by
temporary employees from the appropriate
list.

(c) If a paid holiday falls during a part-time

employee's vacation leave, the day will be
paid as per the provisions of clause 18.04.

18.03 Eligibility for Designated Holidays

Clause 18.01 does not apply to an employee

who is absent without pay on both the working day
immediately preceding and the working day following the
designated holiday, except as provided for in clause 18.02
for part-time employees.

18.04 Entitlement - Part-time Employees

A part-time employee's pay for a holiday shall

be based on the average number of hours worked, up to a
maximum of eight (8) on the five (5) days he or she was on
duty immediately preceding the holiday.
 133

Notwithstanding the above, a part-time

employee shall not receive less pay than that which
corresponds to the number of hours he or she would have
been scheduled to work had it not been a statutory holiday.

18.05 Rest Day Moved

When a day designated as a holiday under

clause 18.01 coincides with an employee's rest day, the rest
day shall be moved to the first day following the holiday on
which the employee is entitled to pay or is scheduled to
work.

18.06 Leave on Rest Day Moved

If an employee is on vacation on the day to

which the rest day is moved, the principle contained in
clause 18.02 shall apply.

18.07 Work on a Rest Day Moved

Work assignments on a rest day moved in

accordance with clause 18.05 shall be subject to the
principle of equal opportunity contained in Article 15; in the
case of Group 2 employees, clause 18.13 applies.

18.08 Guarantee

The principles of clause 17.01 will apply for an

employee required to work on a rest day moved or on a
designated paid holiday.

18.09 Meal and Rest Periods

(a) Where a full-time employee is required to

work on a holiday or on a rest day moved, he
or she shall be entitled to rest periods, meal
 134

periods, wash-up time and, where applicable,

a meal allowance:

(i) in the manner provided for in Article 14

if he or she is called to work the
number of hours of a regular shift;

(ii) in the manner provided for in Articles

14 and 15 if he or she is called to work
more hours than the number of hours
of a regular shift.

(b) Where a full-time employee is called to work

less hours on a holiday or on a rest day
moved than the number of hours of a regular
shift, he or she shall, during working hours, be
entitled to:

(i) a paid rest period of fifteen (15)

minutes after two (2) hours at work if he
or she continues to work thereafter;

(ii) a paid meal period of one-half (½) hour

after four (4) hours at work if he or she
continues to work thereafter;

(iii) a paid rest period of fifteen (15)

minutes after six (6) hours at work if he
or she continues to work thereafter.

(c) Where a part-time employee works on a

holiday or on a rest day moved, he or she
shall be entitled to the benefits provided for in
clause 14.06 or 14.07, except for the
applicable rate.

(d) In all cases, the rate of pay provided for in

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clause 18.10 shall apply.

18.10 Rates

Where an employee works on a holiday, he or

she shall be paid for all hours worked at two (2) times his or
her regular straight-time rate, in addition to the pay he or she
would have been granted had he or she not worked on the
holiday.

18.11 Compensation for Work on a Holiday for

Groups 3 and 4

Group 3

(a) When an employee works on a holiday, he or

she shall be paid:

double (2) time his or her hourly rate of pay for

all hours worked, in addition to the pay that he
or she would have been granted had he or
she not worked on the holiday, as provided for
in clause 18.10;

or

(b) upon request, he or she shall be granted:

(i) a day of leave with pay (hourly rate of

pay) at a later date in lieu of the
holiday,

and

(ii) pay at two (2) times the hourly rate of

pay for all hours worked by him or her
on the holiday.
 136

(c) Where practicable and at the request of an

employee, the Corporation will grant the leave
earned in sub-paragraph 18.11(b)(i)
contiguous to the employee's vacation leave.

(d) Any lieu days created under the provisions of

sub-paragraph 18.11(b)(i) which are not used
by the end of the leave year in which they are
earned may be carried over to the next leave
year and, if not liquidated by the end of that
leave year, then payment in cash will be
made. Payment will be at the employee's
hourly rate of pay, as calculated from the
classification prescribed in his or her letter of
appointment as at the end of the leave year.

Group 4

(e) When an employee is required to work on a

holiday, he or she shall be paid, in addition to
the pay he or she would have received had he
or she not worked on the holiday, two (2)
times his or her straight-time hourly rate for all
hours worked by him or her, as provided for in
clause 18.10.

(f) Notwithstanding paragraph 18.11(e), an

employee assigned to duty outside his or her
headquarters' area (other than to training
courses conducted under Article 40), who
cannot return to his or her headquarters' area
for a designated holiday without incurring
additional expense to the Corporation, shall, if
he or she so requests and sufficient work is
available, work the holiday. For such work,
the employee shall receive his or her normal
 137

daily rate of pay and, in addition, be paid at

two (2) times his or her straight time hourly
rate for all hours worked by him or her.

(g) An employee whose hours of work are

governed by paragraph 14.02(g), who is
assigned by the Corporation to undertake
training outside his or her headquarters' area
and who cannot return to his or her
headquarters' area for a designated holiday
without incurring additional travel expense to
the Corporation, and who is not required by
the Corporation to undertake training or
perform other work on the holiday, shall
receive his or her normal daily rate of pay
and, in addition, upon his or her return to his
or her headquarters' area, be granted one day
compensatory leave. Such leave will be taken
at a time mutually agreed to by the employee
and the Corporation.

18.12 Method of Assigning Holiday Work for

Groups 1, 3 and 4

Work assignments covered by this article shall

be in accordance with the principle of equal opportunity as
provided for in Article 15 on overtime.

18.13 Work on a Designated Paid Holiday for

Group 2

(a) Where a regular delivery service to customers

is to be provided on a designated paid
holiday, all of the employees in Group 2 who
would normally have been scheduled to work
had it not been a holiday, will be scheduled to
work.
 138

(b) Where regular delivery service to customers is

not to be provided and less than a full
complement of mail service couriers is
required to cover assignments on a
designated paid holiday, the following will
apply:

(i) Insofar as possible, work assignments

will be covered by the mail service
courier and mail service couriers
(relief) who normally cover the
assignments within the unit.
Assignments will be offered on the
basis of equal opportunity, provided
the employee is qualified to perform
the duties of the assignment.

(ii) If the required number of employees

is not obtained in applying sub-
paragraph 18.13(b)(i), the
assignments shall be covered in the
following manner:

(1) volunteer full-time mail service

couriers and mail service
couriers (relief) from other
units;

(2) volunteer part-time mail service

couriers;

(3) volunteer qualified letter

carriers;

(4) by other means.

 139

18.14 Reduction of Staff

(a) Subject to paragraph 18.14(b), staff shall be

reduced to a minimum after 16:00 hours on
Christmas Eve and during the following day,
and after 16:00 hours on New Year's Eve and
during the following day, with the Corporation
having the right to adjust shift schedules to
achieve the minimum staff, ensuring that there
will be no reduction in pay to any employee.

(b) Group 2 staff shall be reduced to a minimum

after 18:00 hours on Christmas Eve and
during the following day, and after 18:00 hours
on New Year's Eve and during the following
day. The Corporation has the right to adjust
shift schedules to achieve the minimum staff,
ensuring that there will be no reduction in pay
to any employee.

(c) In the application of paragraphs 18.14(a) and

(b), an employee who would otherwise receive
a shift premium will not receive such a
premium if, as a result of a shift change
pursuant to this clause, the employee does
not work a shift on which a premium is paid.

ARTICLE 19

VACATION LEAVE

19.01 Definition and Entitlement

(a) For the purposes of Article 19, “vacation year”

shall be that of the vacation leave schedule
starting either the last Sunday in March or the
first Sunday in April, as the case may be, and
 140

ending fifty-two (52) weeks later.

(b) An employee who is entitled to receive pay for

at least ten (10) days in each calendar month
of a vacation year, as defined in 19.01(a), shall
earn vacation leave at the following rates:

(i) three (3) weeks per vacation year if he

or she has completed less than seven
(7) years of continuous employment;

(ii) four (4) weeks per vacation year after

he or she has completed seven (7)
years of continuous employment;

(iii) five (5) weeks per vacation year after

he or she has completed fourteen (14)
years of continuous employment;

(iv) six (6) weeks per vacation year after he

or she has completed twenty-one (21)
years of continuous employment;

(v) seven (7) weeks per vacation year after

he or she has completed twenty-eight
(28) years of continuous employment.

During his or her vacation leave, the

employee shall receive the salary provided for in clause
19.09.

19.02 Fractional Rate

An employee who is not entitled to receive pay

for at least ten (10) days in each calendar month of a
vacation year will earn vacation leave at one-twelfth (1/12) of
the rate referred to in clause 19.01 for each calendar month
 141

for which he or she is entitled to receive pay for at least ten

(10) days.

19.03 Fractional Entitlement

If, at the end of a vacation year, an employee's

entitlement to vacation leave includes a fractional entitlement
of less or more than one-half (½) day, the entitlement shall
be increased to the nearest half (½) day. Vacation leave
shall only be granted in multiples of one-half (½) day.

19.04 No Leave During First Six Months

An employee earns but is not entitled to

receive vacation leave during his or her first six (6) months of
continuous employment.

19.05 Displacement of Vacation Leave

Where, in respect of any period of vacation

leave, an employee is:

(a) granted bereavement leave, or

(b) granted special leave with pay because of

illness in the immediate family when the
requirements of clause 21.03 are met, or

(c) granted leave under clause 27.03 of this

agreement, or

(d) granted leave for the birth or adoption of a

child, or

(e) granted injury-on-duty leave, or

(f) granted short term disability benefits under

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Part C of Article 20,

the period of vacation leave so displaced shall either be

added to the vacation period, if requested by the employee
and approved by the Corporation, or reinstated for use at a
later date.

19.06 Accumulation of Vacation Leave

Where, in any vacation year, an employee has

not been granted all of the vacation leave credited to him or
her, the unused portion of his or her vacation leave shall be
carried over into the next vacation year. Carry-over beyond
one vacation year shall be by mutual consent.

19.07 Vacation Pay Upon Termination

(a) Where an employee dies or otherwise

terminates his or her employment after a
period of continuous employment of not more
than six (6) months, he or she or his or her
estate shall, in lieu of earned vacation leave,
be paid an amount equal to six percent (6%)
of the total of the pay and compensation for
overtime received by him or her during his or
her period of employment.

(b) When the employment of an employee who

has completed more than six (6) months of
continuous employment is terminated for any
reason, the employee or his or her estate
shall, in lieu of earned but unused vacation
leave, be paid:

(i) For a full-time employee, an amount

equal to the product obtained by
multiplying the number of days of
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earned but unused vacation leave by

the daily rate of pay applicable to the
full-time employee immediately prior to
the termination of his or her
employment.

(ii) Where a part-time employee dies or

otherwise terminates his or her
employment, or is appointed to a full-
time position, he or she or his or her
estate shall be paid an amount
calculated according to clause 19.09,
as applicable, for the period of the
calendar year up to the date of his or
her death, termination or appointment
as the case may be.

19.08 No Payback in the Event of Death

When the employment of an employee who

has been granted more vacation leave than he or she has
earned is terminated by death, the employee is considered
to have earned the amount of vacation leave granted to him
or her.

19.09 Vacation Pay

(a) During his or her vacation leave, a full-time

employee shall receive his or her regular
salary.

(b) A part-time employee shall be entitled to

vacation pay equal to a percentage of the total
of his or her current vacation year's earnings.
This percentage shall be:

(i) six percent (6%), if the employee has

 144

completed less than seven (7) years of

continuous employment;

(ii) eight percent (8%) after the employee

has completed seven (7) years of
continuous employment;

(iii) ten percent (10%) after the employee

has completed fourteen (14) years of
continuous employment;

(iv) twelve percent (12%) after the

employee has completed twenty-one
(21) years of continuous employment;

(v) fourteen percent (14%) after the

employee has completed twenty-eight
(28) years of continuous employment.

(c) Vacation year earnings, for the purposes of

calculating vacation pay, shall be the total
gross wages earned during the current
vacation year.

For the purpose of calculating vacation pay of

an employee who has been granted parental
leave pursuant to Article 23, vacation year
earnings shall be increased by an amount
equal to the regular salary the employee
would have earned during the leave period
(based on his or her scheduled hours) less
any monies received from the Corporation
during the leave period.

(d) Part-time employees shall receive their

vacation pay as follows:
 145

(i) To ensure continuance of pay, a part-

time employee shall receive a payment
based on the scheduled hours of his or
her part-time assignment. This
payment will be made according to the
method of pay for part-time employees.

(ii) The difference, if any, between the total

entitlement to vacation pay provided for
in paragraph 19.09(b) and the monies
received in accordance with sub-
paragraph 19.09(d) (i) is paid prior to
the last Friday of June of the following
vacation year.

(iii) Any overpayment incurred as a result of

the application of this clause shall, at the
option of the employee, be recovered in
accordance with clause 35.06, or be
considered as an immediate first charge
against any subsequent pay entitlement
and shall be recovered in full prior to
any future payment of salary.

19.10 Vacation Pay Advance

In the case of full-time employees, the

Corporation agrees to issue advance payments of net
salary for vacation periods, provided six (6) weeks’ notice is
received from the employee in advance of the date
payment is required.

Provided an employee has been authorized to

proceed on vacation for the period concerned, advance
payment of net salary shall be made prior to departure.

The amount of the advance is established by

 146

multiplying the number of weeks of leave by the net weekly

salary to which the employee is entitled for the first pay
period following the last normal pay received prior to going
on leave.

An overpayment in respect of such advance

shall be an immediate first charge against any subsequent
pay entitlement and shall be recovered in full prior to any
further payment of salary.

19.11 No Work During Vacation Leave

No employee shall be required or authorized to

work during his or her vacation leave.

19.12 Pre-retirement Leave

(a) In addition to vacation leave provided for

under this agreement, a regular employee
who attains fifty (50) years of age and
completes twenty (20) years of continuous
employment or, attains sixty (60) years of age
and completes five (5) years of continuous
employment, shall be entitled to be paid a pre-
retirement leave of one (1) week in the
vacation year in which he or she becomes
eligible for such leave and in every vacation
year thereafter until the employee's retirement
up to a maximum of six (6) weeks pre-
retirement leave from the time of eligibility until
the time of retirement.

(b) An employee may elect to take his or her fifth

(5th) and sixth (6th) weeks of pre-retirement
leave during the same year.

(c) Pre-retirement leave with pay shall be

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scheduled in one (1) week blocks separate

from the scheduling of vacation leave at a
time to be determined by the Corporation,
taking into consideration the employee's
wishes, seniority and operational
requirements.

(d) It is understood that there shall be no

payment made to or on behalf of any
employee in lieu of unused pre-retirement
leave.

(e) No employee shall be required or authorized

to work during his or her pre-retirement leave.

(f) When any day scheduled as pre-retirement

leave falls on a designated paid holiday, the
employee shall be entitled to an alternate day
at the end of his or her pre-retirement leave.

(g) In the event of termination of employment, for

reasons other than death or lay-off, the
Corporation shall recover from any monies
owed to the employee an amount equivalent
to pre-retirement leave taken by the employee
after the beginning of the vacation year and
prior to his or her birthday or anniversary date,
whichever is later.

(h) In the event that an employee exercises his or

her right under paragraph (b), the Corporation
shall not recover the fifth (5th) or the sixth
(6th) week of pre-retirement leave if the
Corporation would not otherwise be able to
recover the fifth week pursuant to paragraph
(g).
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19.13 Vacation Leave Schedule

(a) The vacation leave schedule for an employee

in Groups 1, 3 or 4 will be spread over forty-
eight (48) weeks starting either with the last
Sunday in March or the first Sunday in April
and continuing in three (3) week blocks for
thirty-six (36) consecutive weeks. The four (4)
remaining three (3) week blocks will be
scheduled from January to March inclusively
of the following year. Alternate arrangements
may be made by mutual agreement
determined through local Union-management
consultation.

(i) One schedule is established for each

classification of employees.

(b) The vacation leave schedule for full-time

employees in Group 2 will be spread over fifty-
two (52) weeks starting with the last Sunday in
March or the first Sunday in April and
continuing in thirteen (13) consecutive four (4)
week blocks.

19.14 Number of Employees on Vacation Leave

in Groups 1, 3 and 4

(a) Providing staffing levels or mail volumes have

not changed from the previous year, the
present practice will continue with respect to:

(i) the determination of the number of full-

time employees who may be on
vacation leave in each three (3) week
block;
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(ii) the allocation of vacation leave on the

basis of seniority with regard to:

(a) the choice of the block in which

the full-time employee wishes
to take his or her vacation leave;

(b) the amount of leave he or she

may take in each block;

(c) the granting of a fourth (4th), fifth

(5th), sixth (6th) or seventh (7th)
week of vacation leave to those
full-time employees qualifying for
the extra week's leave;

(iii) the granting of leave during January

and February, if full-time employees so
request;

(iv) the bidding for leave by work area or by

office.

(b) Part-time employees will be entitled to

vacation leave at a time determined by the
Corporation in meaningful consultation with
the local of the Union.

19.15 Number of Employees on Vacation Leave

in Group 2

The present practice for full-time employees

will continue with respect to:

(a) the determination of the number of employees

who may be on vacation leave in each block,
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(b) the allocation of vacation leave will be on the

basis of seniority with regard to:

(i) the choice of the block in which the

employee wishes to take his or her
vacation leave,

(ii) the amount of leave he or she may take

in each block,

(iii) the granting of vacation leave in excess

of four (4) weeks to those employees
qualifying for the extra week’s leave.

(c) The bidding for leave will be by work area or

by office. Any change with regard to the
present practice of bidding in any post office
by work area or by office, shall be subject to
local consultation.

(d) An employee who wishes to split his or her

vacation entitlement will be permitted, by
seniority, to bid only on one (1) portion of his
or her proposed split in the first round of
bidding. After all other employees in the post
office or work area, whichever is applicable,
have bid, he or she will be given the
opportunity to use his or her seniority to bid on
whatever blocks or portions of blocks are left
vacant.

(e) If any periods become vacant for any reason

during the vacation leave scheduling, these
periods will be posted immediately for
rebidding, by seniority, to employees who
have not taken their scheduled vacation
leave.
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(f) The superimposing of the fifth (5th), sixth (6th)

and seventh (7th) weeks of vacation may be
taken concurrent with the four (4) week block
selection, subject to the following conditions:

(i) shall be selected at the same time as

the four (4) week block is selected,

(ii) shall be selected contiguous to, either

prior to or following, or a combination of
both, the four (4) week period,

(iii) fifth (5th), sixth (6th) and/or seventh

(7th) week(s) not superimposed as
described above shall be chosen in the
same manner as described in
paragraph 19.15(d).

(g) When an employee transfers, promotes or

demotes within a classification to another
location after selecting his or her vacation
leave, he or she shall be granted that vacation
leave at the new location. If a relief letter
carrier or mail service courier (relief) is not
available to cover this period, it may be
covered in the following manner:

Full-time Employee

By seniority, a part-time PO LC-1 or PO MSC-

1 within the category will be transferred on an
acting basis and placed directly on the
assignment, and a temporary employee will
cover the resultant vacancy.

Should no part-time PO LC-1 or PO MSC-1

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within the category wish to cover the absence,

a temporary employee will be placed directly
on the assignment.

Part-time Employee

A temporary employee will be placed directly

on the assignment.

(h) After an employee bid for the vacation

schedule has been approved by the
Corporation, and it is detected that an error
made by the Corporation has resulted in an
employee being by-passed in the bidding for
vacation leave, the employee shall be
permitted to bid on the blocks where he or she
would have been entitled to bid in accordance
with his or her seniority, without interfering
with any other bids already posted.

(i) Temporary employees may be used between

the middle of June to the middle of September
for a twelve (12) week period to cover
increased vacation caused by superimposing.

(j) The maximum number of temporary

employees who may be used above shall be
equivalent to the number of relief employees
assigned to cover vacation assignments.

(k) Temporary employees used to cover the

superimposing will be used for a minimum of
twenty (20) consecutive days.

(l) Any unassigned temporary employees used

during the twelve (12) week period in
paragraph 19.15(i) may be used to cover
 153

other vacation assignments.

(m) A part-time employee will be entitled to take

vacation up to a maximum of three (3) weeks
if entitled to vacation pay in accordance with
sub-paragraph 19.09(b)(i), up to four (4)
weeks if entitled to pay in sub-paragraph
19.09(b)(ii), up to five (5) weeks if entitled to
pay in sub-paragraph 19.09(b)(iii), up to six (6)
weeks if entitled to pay in sub-paragraph
19.09(b)(iv) and up to seven (7) weeks if
entitled to pay in sub-paragraph 19.09(b)(v),
at a time determined by the Corporation in
meaningful consultation and agreement with
the local Union representative.

19.16 Replacements for Vacation Leave in

Group 1

(a) When, as a result of local consultation, an

agreement has been reached to compress the
vacation leave period to other than that
specified in the collective agreement, the
Corporation in using replacements may:

(i) use temporary employees, or

(ii) offer additional work to regular

employees.

(b) In the application of this clause, the number of

temporary employees must not normally
exceed the number of employees covered by
the collective agreement that are on annual
leave.
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19.17 Bidding for Vacation

Bidding for vacation must commence no later

than the first (1st) week of December and must be
completed in such time as to permit vacation schedules to be
approved and posted by the second (2nd) week of February
of the following year.

ARTICLE 20

PERSONAL DAYS AND SHORT TERM

DISABILITY PROGRAM

(A) GENERAL

20.01 Notification to Corporation of Absence

(a) An employee who is unable to report to work

as scheduled for the following reasons:
illness, emergency, a non-work related injury,
hospitalization and/or, circumstances not
directly attributable to the employee, including
but not limited to, illness in his or her
immediate family, as defined in clause 21.02
shall notify his or her supervisor or other
designated individual prior to the
commencement of his or her shift, or as soon
as possible thereafter, and advise his or her
supervisor or other designated individual as to
the probable date of his or her return to work.

(b) In the event an employee is unable to return

to work at the time expected, he or she shall,
prior to the commencement of the shift on
which he or she is expected to return, re-notify
his or her supervisor or other designated
individual of his or her current circumstances.
 155

(B) PERSONAL DAYS

20.02 Annual Allocation

(a) For the period between July 1, 2017 and June

30, 2018, a full-time employee will be
allocated five and one half (5.5) Personal
Days, expressed in hours, on July 1, 2017.

For the period between July 1, 2017 and June

30, 2018 a part-time employee shall receive a
prorated amount of Personal Days, expressed
in hours, on July 1, 2017. The hours will be
based on: the weekly schedule of the part-
time employee on July 1, 2017, based on the
percentage of full-time hours.

(b) Effective July 1, 2018, a full-time employee

will be allocated seven (7) Personal Days,
expressed in hours, on July 1 of each year.

Effective July 1, 2018 a part-time employee

shall receive a prorated amount of Personal
Days, expressed in hours, on July 1 of each
year. The hours will be based on: the weekly
schedule of the part-time employee on July 1
of the same year, based on the percentage of
full-time hours.

(c) Effective July 1, 2017, if as a result of a

change in schedule for the period between
July 1 and June 30, an employee has used
more Personal Days than he or she was
entitled to on June 30 of a given year, the
excess Personal Days shall be recovered in
accordance with clause 35.06.
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20.03 Reconciliation of Annual Allotment of

Personal Days

(a) In a month where a full-time employee does

not receive pay for a minimum of ten (10)
calendar days, his or her annual allotment of
Personal Days shall be reconciled to reduce
the allotment of personal days for that month.

(b) In a month where a part-time employee does

not receive pay for a minimum of forty (40)
scheduled hours, his or her annual allotment
of Personal Days shall be reconciled to
reduce the allotment of personal days for that
month.

(c) If as a result of such a reconciliation, an

employee has a negative Personal Days
balance at the end of the month, the recovery
of the value of the excess Personal Days
used shall be recovered in accordance with
clause 35.06.

20.04 Annual Payout and Carry-Over

(a) For the year ending on December 31, 2016,

at the end of the fiscal year, an employee
shall automatically have all remaining
Personal Days paid out unless, on written
request, as per the rules set out by the
Corporation, he or she elects to carry over to
the next fiscal year up to a maximum of five
(5) unused Personal Days.

Effective January 1, 2017, on each June 30,

an employee shall automatically have all
remaining Personal Days paid out unless, on
 157

written request, as per the rules set out by the

Corporation, he or she elects to carry over to
the next period of July 1 to June 30 up to a
maximum of five (5) unused Personal Days.

(b) An employee may not have more than twelve

(12) Personal Days at any one time.

(c) For the year ending on December 31, 2016,

any payout of Personal Days shall be based
on the employee’s hourly rate of pay as of the
last day of the fiscal year. All payouts will be
made by March 31, 2017. The payout of
unused Personal Days prior to December 31,
2016 is not allowed.

For the period between January 1, 2017 and

June 30, 2017, any payout of Personal Days
shall be based on the employee’s hourly rate
of pay as of June 30, 2017. All payouts will be
made by September 30, 2017. The payout of
the unused Personal Days prior to June 30,
2017 is not allowed.

Effective July 1, 2017, any payout of Personal

Days shall be based on the employee’s hourly
rate of pay as of June 30 of each year. All
payouts will be made by September 30 of that
year. The payout of the unused Personal
Days prior to June 30 is not allowed.

20.05 When Employment Ends

(a) For the year ending on December 31, 2016,

when an employee leaves the Corporation
during the fiscal year for any reason, other
than the termination of his or her employment
 158

by the Corporation, any unused Personal

Days as of his or her last day of employment
shall be paid on a prorated basis.

For the period between January 1, 2017 and

June 30, 2017, when an employee leaves the
Corporation during this period for any reason,
other than the termination of his or her
employment by the Corporation, any unused
Personal Days as of his or her last day of
employment shall be paid on a prorated
basis.

Effective July 1, 2017, when an employee

leaves the Corporation during the July 1 to
June 30 period for any reason, other than the
termination of his or her employment by the
Corporation, any unused Personal Days as of
his or her last day of employment shall be
paid on a prorated basis.

(b) For the year ending on December 31, 2016,

when an employee leaves the Corporation
during the fiscal year for any reason and has
used more Personal Days than he or she was
entitled to, the value of excess Personal Days
of the employee shall be recovered.

For the period between January 1, 2017 and

June 30, 2017, when an employee leaves the
Corporation during this period for any reason
and has used more Personal Days than he or
she was entitled to, the value of excess
Personal Days of the employee shall be
recovered.
 159

Effective July 1, 2017, when an employee

leaves the Corporation during the July 1 to
June 30 period for any reason and has used
more Personal Days than he or she was
entitled to, the value of excess Personal Days
of the employee shall be recovered.

20.06 Usage of Planned and Preapproved

Personal Days

(a) All planned Personal Days must be taken in

multiples of two (2) hours, unless taken for an
employee’s entire scheduled shift.

(b) An employee who wishes to use a planned

Personal Day shall provide his or her
supervisor or other designated individual with
the necessary leave of absence forms.

(c) Requests for planned Personal Days shall be

preapproved subject to a time convenient for
the employee and the Corporation.

20.07 Usage of Urgent Personal Days

(a) Urgent Personal Days must be taken for the

following purposes:

(i) illness;

(ii) emergency;

(iii) in circumstances not directly attributable

to the employee, including but not
limited to, illness in his or her
immediate family as defined in clause
21.02; or
 160

(iv) during the qualifying period under the

Short Term Disability Program, as set
out in Article 20, Part (C).

(b) For urgent Personal Days, an employee shall

complete and furnish the Corporation with the
necessary leave of absence forms as soon as
possible after the commencement of the
absence.

(C) SHORT TERM DISABILITY PROGRAM

20.08 Top-Up Credits

On the date the Short Term Disability

Program was implemented, all sick leave credits were
converted to “top-up credits” on a minute for minute basis.

20.09 Eligibility and Approval

(a) An employee shall be eligible for short term

disability benefits when he or she is
incapacitated by illness, or a non-work related
injury, or is hospitalized.

(b) In order to be eligible for short term disability

benefits, and remain covered once approved,
an employee must:

(i) be under the care of a physician; and

(ii) follow the treatment deemed

appropriate for the illness or injury; and

(iii) provide the required medical information

to the Disability Management Provider;
 161

and

(iv) in case of an illness or injury related to

substance addiction, agree to receive
ongoing, active professional treatment
deemed appropriate for the condition
being treated.

(c) Approval for short term disability benefits is

determined by the Disability Management
Provider and shall be made by a person with
appropriate disability management training,
based solely on medical reasons.

(d) An employee will not be eligible, or shall not

remain covered if previously approved, for
short term disability benefits in the following
situations:

(i) any period when he or she is

imprisoned;

(ii) any illness or injury due to the

commission of, or an attempt to
commit, a criminal offence (subject to
conviction in a court of law);

(iii) any period when he or she is on a leave

without pay or under suspension.

(e) If an employee is absent from work as a result

of an illness, a non-work related accident or
hospitalization, and provides the medical
information required by the Disability
Management Provider:
 162

(i) within the first sixteen (16) calendar

days he or she shall maintain his or her
regular wages. If the employee’s claim
is approved, the employee will be
eligible for benefits from the first date of
absence, excluding any applicable
qualifying period;

(ii) after calendar day sixteen (16), he or

she shall maintain his or her regular
wages for the first sixteen (16) calendar
days, after which he or she shall be on
leave without pay until the required
medical information is provided to the
Disability Management Provider. If the
employee’s claim is approved, the
employee will be eligible for benefits
from the first date of absence, excluding
any applicable qualifying period.

(f) It is understood that if the employee’s claim is

denied, the regular wages received by the
employee during his or her absence will be
recovered from his or her pay. It is further
understood that if the employee’s claim is
approved, the regular wages received by the
employee during his or her absence will
undergo the applicable reconciliation. In either
case, such recovery will not exceed ten
percent (10%) of the employee’s pay in each
pay period, until the entire amount is
recovered.

(g) Any short term disability benefits payable to

an employee will cease on the earliest of:

(i) the date on which the employee ceases

 163

to be incapacitated from working;

(ii) the date on which the employee

engaged in any gainful occupation
other than a gainful occupation
approved by the Disability
Management Provider;

(iii) the date on which the employee fails to

furnish satisfactory proof of continued
disability to the Disability Management
Provider;

(iv) the date on which the employee

refuses to participate in a disability
management program or to participate
in a rehabilitative program considered
appropriate by the Disability
Management Provider;

(v) the date which the individual is no

longer an employee of the Corporation.

20.10 Short Term Disability Benefits

(a) An employee can receive short term disability

benefits up to a maximum of thirty (30) weeks
after the date of the commencement of the
illness or injury.

(b) Under the Short Term Disability Program, the

qualifying period is as follows:

(i) zero (0) days from date of

hospitalization;

(ii) zero (0) days for a non-work related

 164

accident, when medical attention was

sought within twenty-four (24) hours of
the accident;

or

zero (0) days from when medical

attention is sought for a non-work
related accident, if sought after the
twenty-four (24) hour period;

(iii) seven (7) calendar days for illness;

(iv) in cases of illness where an employee is

hospitalized prior to the end of the
qualifying period, short term disability
benefits are payable as of the date of
hospitalization.

(c) In the event of illness, an employee must use

his or her Personal Days until short term
disability benefits commence.

(d) Once approved for short term disability

benefits by the Disability Management
Provider, if an employee’s Personal Days
have been exhausted, the Corporation will
maintain the employee’s regular wages during
the qualifying period, subject to the availability
of top-up credits.

(e) Once approved for short term disability

benefits by the Disability Management
Provider, if an employee’s Personal Days
have been exhausted and the employee does
not have any top-up credits available, the
employee may elect to use any available
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vacation leave or any available compensatory

leave to be paid during the qualifying period.

(f) Following the qualification period, if

applicable:

(i) an employee shall receive seventy

percent (70%) of his or her regular
wages for up to fifteen (15) weeks.

(ii) an employee can use his or her top- up

credits, if available, on a minute for
minute basis to augment his or her short
term disability benefits to one hundred
percent (100%) of his or her regular
wages, during this period.

(g) Should an employee be approved for short

term disability benefits for a period exceeding
fifteen (15) weeks (excluding any applicable
qualifying period), the employee shall apply for
unemployment benefits pursuant to the
Employment Insurance Act.

(i) If an employee is approved for

unemployment benefits, and complies
at all times with all rules associated with
the receipt of unemployment benefits,
the Corporation shall provide the
employee with the difference in pay
between the amount provided in
unemployment benefits and seventy
percent (70%) of the employee’s regular
wages for the balance of the thirty (30)
weeks, a duration which includes the
qualification period.
 166

(ii) If an employee demonstrates that he or

she applied, but was not approved for,
unemployment benefits, the Corporation
shall provide the employee with seventy
percent (70%) of his or her regular
wages for the balance of the thirty (30)
weeks, a duration which includes the
qualification period.

(iii) During this period, an employee can

use his or her top-up credits, if
available, on a minute for minute basis
to augment his or her short term
disability benefits to ninety-five percent
(95%) of his or her regular wages.

(iv) Once the decision is rendered upon the

application for unemployment benefits,
any recovery of overpaid amounts by
the Corporation, as may be the case,
shall not exceed ten percent (10%) of
the employee’s pay in each pay period,
until the entire amount is recovered.

(h) An employee’s short term disability benefits will

be reduced by any income received by the
employee from the following sources:

(i) earnings from other employment, unless

the employee can prove that this
employment predated the injury or
illness; however, such other
employment, must not prevent or delay
the recovery of the employee as
determined by the Disability
Management Provider;
 167

(ii) benefits payable under any Workers’

Compensation program, where such a
reduction is permitted by law;

(iii) benefits from no-fault government

insurance or automobile insurance,
where such a reduction is permitted by
law.

(i) Notwithstanding clause 35.06, the Corporation

will require reimbursement for any amounts
received in lieu of wage replacement where
permitted by law.

20.11 Recurrences

(a) Should an employee have a recurrence of the

same or a related medical condition within
thirty (30) calendar days of his or her return to
work following a short term disability leave,
and it is medically supported by the Disability
Management Provider, the employee shall
receive a continuation of his or her short term
disability benefits, with no qualifying period,
for the remaining duration of up to thirty (30)
weeks of short term disability benefits.

(b) After an employee has returned to work for

longer than thirty (30) calendar days following
a short term disability leave, any subsequent
absence is considered a new period of illness
or injury.

20.12 Appeal Process

(a) An appeal is a written request from an

employee to revisit the decision made by the
 168

Disability Management Provider. The appeal

process is designed to provide an objective
review of the decision made and to provide
the employee with the opportunity to submit
additional medical information.

(b) If an employee avails himself or herself of

his or her right to appeal, he or she will
receive short term disability benefits during
the time it takes to come to a determination
regarding the first level appeal. If the first
level appeal is denied, the Corporation
shall recover any overpayment from the
employee’s pay, but such recovery shall
not exceed ten percent (10%) of the
employee’s pay in each pay period, until
the entire amount is recovered.

(c) Notwithstanding the foregoing, in the event that

employment ends, any overpayment still
outstanding will be recovered in full from the
employee’s final pay.

20.13 First Level Appeal

(a) An employee must submit a written intent to

appeal to the Disability Management Provider
within seven (7) calendar days of the original
decision having been communicated to the
employee in writing.

(b) Within thirty (30) calendar days from the

notice to appeal, the employee must provide
the Disability Management Provider’s Case
Manager with any additional medical
information that the employee wishes to
submit or that has been requested by the
 169

Case Manager.

(c) The Disability Management Provider will

provide a written decision with detailed
reasons and recommendations to the
employee.

20.14 Final Appeal

(a) When an employee claim is denied at the first

level appeal, the Union and the employee will
be advised in writing.

(b) The Union on behalf of the employee, has

fourteen (14) calendar days to advise the
Case Manager, in writing, of the intent to
appeal. Upon notice to the Disability
Management Provider of the intent to
appeal, the Case Manager will provide to
the agreed upon independent medical
physician and the Union, upon request,
copies of the claim documents, including
the information referred to in paragraph
20.14 (d).

(c) In order to proceed to final appeal, the

employee must sign a release authorizing a
representative of the Union to represent the
employee’s interests during the final appeal.

(d) The independent medical physician shall

undertake a review of the information
provided:

(i) from the Case Manager; and if

applicable;
 170

(ii) the Union submission and any other

medical information submitted by the
Union in a timely manner, both through
the Case Manager.

(e) The independent medical physician may hold

a fact finding meeting to ascertain the issues
and facts prior to rendering a decision. If a fact
finding meeting is held, the parties shall not be
represented by lawyers, and no witnesses will
be allowed to testify.

(f) If the parties are unable to agree on an

independent medical physician within twenty-
one (21) calendar days from the notice to
appeal, either party can make a request to the
Union’s national office and the Corporation’s
national designated representative to appoint
an independent medical physician to make a
final review and determination. At the national
level, the parties are to agree on the
appointment of an independent medical
physician within seven (7) calendar days of
the request.

(g) The decision of the independent medical

physician shall be final and binding upon both
parties, without creating a precedent.

(h) The fees and expenses of the independent

medical physician, including the costs of the
fact finding meeting, if any, shall be shared
equally between the parties.

(i) Except for the purposes of paragraph 20.14

(h) and for his or her appointment, only the
Case Manager, the Union or the employee
 171

shall communicate with the independent

medical physician.

20.15 Grievance Procedure

Any decisions made by the Disability

Management Provider and the independent medical
physician are not subject to the grievance procedure in the
collective agreement.

20.16 Extended Leave of Absence due to Illness

or Injury

(a) Once the thirty (30) weeks of short term

disability benefits have elapsed, an employee
shall be granted leave without pay for a period
of up to five (5) calendar years to cover his or
her illness or injury, subject to him or her
providing a medical certificate indicating that
he or she is unable to return to work due to
illness or injury.

(b) An employee who has been granted leave

under paragraph 20.16(a) may be required to
have a medical assessment every six (6)
months, upon request of the Corporation, in
order to determine that the leave of absence
is still required, and also, the approximate
date of the employee’s return to work.

20.17 Short Term Disability Program

The Short Term Disability Program – Policies

and Procedures, as amended from time to time, shall
remain in effect during the term of this agreement.

During the life of this collective agreement,

 172

the parties may agree to modify the level of benefits and/or

the eligibility requirements provided for under the Short
Term Disability Program.

20.18 Time Limits

Exceptions to the strict enforcement of the

time limits set out in this Article will be considered when the
employee has documented cognitive restrictions that:

(a) on the basis of an objective medical diagnosis,

impact on the employee’s ability to comply
with the process (for example, impairment of
comprehension, decision making, judgment
etc.); and

(b) the employee does not have a support

network (i.e., family member) authorized to
assist the employee throughout the process.

ARTICLE 21

SPECIAL LEAVE
21.01 Marriage Leave

After completion of six (6) months’ continuous

employment, an employee who gives the Corporation at
least five (5) calendar days' notice, shall be granted special
leave with pay of not more than five (5) days, for the
purpose of:

(a) getting married;

or

(b) engaging in a formal ceremony to have

 173

recognition of his or her same sex spousal

relationship.

21.02 Bereavement Leave

For the purpose of this clause, immediate

family of the employee is defined as father, mother, step-
father, step-mother, father-in-law, mother-in-law, brother,
sister, spouse, child of the employee, grandchild of the
employee, child of employee's spouse, grandparents of
employee's spouse, step-children or ward of the employee,
grandparents and relatives permanently residing in the
employee's household or with whom the employee
permanently resides.

(a) Where a member of his or her immediate

family dies, an employee shall be entitled to a
maximum of four (4) days' special leave with
pay, but such leave shall not extend beyond
the fourth (4th) day following the date of
death, and may, in addition, be granted up to
three (3) days' special leave if required for the
purpose of travel. For the purpose of this
section, days means consecutive calendar
days.

(b) An employee shall be entitled to special leave

with pay, up to a maximum of one (1) day, to
attend the funeral of his or her son-in- law,
daughter-in-law, sister-in-law or brother- in-
law.

(c) If, during a period of compensatory leave, an

employee is bereaved in circumstances under
which he or she would have been eligible for
bereavement leave with pay, under paragraph
21.02(a) or (b), he or she shall be granted
 174

bereavement leave with pay and his or her

compensatory leave credits shall be restored
to the extent of any concurrent bereavement
leave with pay granted.

(d) It is recognized by the parties that the

circumstances which call for leave in respect
of bereavement are based on individual
circumstances. On request, the authorized
representative of the Corporation may, after
considering the particular circumstances
involved, grant leave with pay for a period
greater than that provided for in paragraphs
21.02(a) and (b).

21.03 Leave for Other Reasons

Where conditions warrant it, special leave with

pay may be granted when circumstances not directly
attributable to the employee, including but not limited to
illness in the immediate family, as defined in clause 21.02,
prevent his or her reporting for duty. Such leave shall not be
unreasonably withheld.

An employee can only be granted leave with

pay under this clause once he or she has exhausted all of
his or her Personal Days.

21.04 Restrictions on Special Leave

No employee shall be granted special leave

during any period in which he or she is on leave of absence
without pay or under suspension.

21.05 Scheduled Working Day

For the purposes of this article, a day shall be

 175

considered as the part-time employee's current scheduled

working day.

21.06 Quarantine Leave

An employee is entitled to leave with pay for

time lost due to quarantine where he or she is unable to
work, as certified by a qualified medical practitioner.

ARTICLE 22

MEDICAL BOARDS
22.01 Veterans

In the application of clause 21.03 of Article 21

“Leave for Other Reasons”, the Corporation agrees that
special leave with pay will continue to be provided when an
employee who is a veteran is:

(a) called in by the Department of Veterans

Affairs for a medical examination not
conducted primarily for the purpose of active
treatment;

(b) asked by the Department of Veterans Affairs

to report in connection with a medical
research program conducted by that
department;

(c) reporting to the Department of Veterans

Affairs for the purpose of the supply or
maintenance of a prosthetic appliance;

(d) called in by the Canadian Pension

Commission for pension purposes.
 176

ARTICLE 23

PARENTAL RIGHTS
23.01 Right to Maternity Leave

(a) An employee who becomes pregnant shall

notify the Corporation at least fifteen (15)
weeks prior to the expected date of the
termination of her pregnancy, and subject to
paragraphs 23.01(b) and (c), shall,
commencing no earlier than thirteen (13)
weeks before the expected date of the
termination of her pregnancy and ending not
later than seventeen (17) weeks after the date
of the termination of her pregnancy, be
granted maternity leave without pay for a
period of up to seventeen (17) weeks.

(b) Upon written request from the employee, the

Corporation agrees to defer the
commencement of maternity leave without
pay of an employee or terminate it earlier than
seventeen (17) weeks after the date of the
termination of her pregnancy.

(c) The Corporation may grant maternity leave

without pay to an employee to commence
earlier than thirteen (13) weeks before the
expected termination of her pregnancy.

(d) The Corporation may, where maternity leave

without pay is requested, require an employee
to submit a medical certificate certifying
pregnancy.
 177

(e) For the purpose of annual leave provided for

in Article 19, an employee is deemed to have
received pay for at least ten (10) days in each
calendar month during her maternity leave.

(f) An employee on leave under this clause shall

earn Personal Days as if she would have
received pay for at least ten (10) days in each
calendar month in the case of a full- time
employee and, in the case of a part- time
employee, as if she would have received pay
for at least forty (40) scheduled hours per
month.

(g) Time spent on such leave shall be counted for

annual increment purposes.

23.02 Maternity Leave Allowance

(a) After completion of six (6) months’ continuous

employment, an employee who provides the
Corporation with proof that she has applied
for and is in receipt of unemployment benefits
pursuant to Section 22, Employment
Insurance Act or, as the case may be,
pursuant to the Quebec Parental Insurance
Plan, shall be paid a maternity leave
allowance in accordance with the
Supplementary Unemployment
Benefit Plan.

(b) An applicant under paragraph 23.02(a) shall

sign an agreement with the Corporation,
providing:

(i) that she will return to work and remain in

the Corporation's employ for a period of
 178

at least six (6) months after her return to

work;

(ii) that she will return to work on the date of

the expiry of her pregnancy leave,
unless this date is modified with the
Corporation's consent or unless the
employee is then entitled to another
leave provided for in this collective
agreement.

(c) Should the employee fail to return to work as

per the provisions of paragraph 23.02(b), the
employee recognizes that she is indebted to
the Corporation for the amount received as
maternity leave allowance.

23.03 Rate of Allowance

In respect of the period of maternity leave,

payments made according to the Supplementary
Unemployment Benefit Plan will consist of the following:

(a) Up to seventeen (17) weeks, payments

equivalent to the difference between the
unemployment benefits the employee is
eligible to receive under the Employment
Insurance Plan or the Quebec Parental
Insurance Plan and ninety-three percent
(93%) of her weekly wage. The up to
seventeen (17) weeks payments will be
inclusive of the waiting period for the
Employment Insurance Plan or the Quebec
Parental Insurance Plan where the full ninety-
three per cent (93%) will be paid.

(b) The weekly wage referred to in

 179

paragraph 23.03(a) shall be the employee's

rate of pay set out in Appendix “A” multiplied
by the normal weekly hours of work
prescribed for that employee.

(c) Where an employee becomes eligible for an

annual increment during the period of
maternity leave, payments under
paragraph 23.03(a) shall be adjusted
accordingly.

(d) In the application of this clause, the combined

weekly level of SUB payment, Employment
Insurance Plan or the Quebec Parental
Insurance Plan benefits and other earnings
will not exceed ninety-three percent (93%) of
the employee's normal weekly earnings.

(e) Employees have no vested right to payments

under the plan except to payments during a
period of unemployment specified in the plan.

(f) Payments in respect of guaranteed annual

remuneration or in respect of deferred
remuneration or severance pay benefits are
not reduced or increased by payments
received under the plan.

23.04 Birth or Adoption Leave

(a) An employee whose spouse is giving birth to a

child shall be granted leave with pay up to a
maximum of two (2) days. Such leave may be
granted on the days before, day of, days after
the birth of the child or on the day of the
employee's spouse's admission to or
discharge from the hospital, or a combination
 180

thereof.

(b) An employee shall be granted leave with pay

up to a maximum of two (2) days on the
occasion of his or her adoption of a child.

(c) An employee shall be granted leave under

paragraph 23.04(a) or (b), but not both, in
respect of the birth or adoption of any one
child.

23.05 Parental Leave

(a) An employee who has completed six (6)

months of continuous employment shall be
granted a leave of absence without pay of up
to sixty-three (63) weeks where the employee
has or will have actual care and custody of the
newborn child.

This leave without pay shall commence as the

employee elects:

(i) on the expiry of any leave of absence

from employment in respect of the child
by a female employee

or

(ii) on the day that the child is born

or

(iii) on the day that the child comes into her

or his actual care and custody.

(b) An employee who requires a parental leave of

 181

absence shall provide the Corporation with at

least four (4) weeks' notice in writing and
inform the Corporation of the length of leave
that the employee intends to take.

(c) Parental leave without pay used by two (2)

employees in respect of the birth of one child
shall not exceed the combined total of sixty-
three (63) weeks.

(d) Leave under this clause and leave provided

for in paragraph 23.01 shall not, in respect of
the same child, exceed the combined total of
seventy-eight (78) weeks.

(e) The Corporation may ask the employee to

submit a copy of the child's birth certificate.

(f) For the purpose of annual leave provided for

in Article 19, an employee is deemed to have
received pay for at least ten (10) days in each
calendar month during his or her parental
leave.

(g) An employee on leave under this clause shall

earn Personal Days as if he or she would
have received pay for at least ten (10) days in
each calendar month in the case of a full-time
employee and, in the case of a part-time
employee, as if he or she would have
received pay for at least forty (40) scheduled
hours per month.

(h) Time spent on such leave shall be counted for

annual increment purposes.
 182

23.06 Adoption Leave

(a) An employee who has completed six (6)

months of continuous employment shall be
granted a leave of absence without pay for up
to sixty-three (63) weeks for the adoption of a
child.

This leave without pay shall commence on the

day that the child comes into the employee's
care.

(b) An employee who requires a leave of absence

from employment for the purpose of adopting
child shall provide the Corporation with at
least four (4) weeks' notice in writing, unless
there is a valid reason why such notice cannot
be given. The employee shall inform the
Corporation of the amount of leave that he or
she intends to take.

(c) Unpaid leave by two (2) employees in respect

of the adoption of a child shall not exceed the
combined total of sixty-three (63) weeks.

(d) The Corporation may request proof of

adoption from the employee.

(e) For the purpose of annual leave provided for

in Article 19, an employee is deemed to have
received pay for at least ten (10) days in each
calendar month during his or her adoption
leave.

(f) An employee on leave under this clause shall

earn Personal Days as if he or she would
 183

have received pay for at least ten (10) days in

each calendar month in the case of a full-time
employee and, in the case of a part-time
employee, as if he or she would have
received pay for at least forty (40) scheduled
hours per month.

(g) Time spent on such leave shall be counted for

annual increment purposes.

23.07 Adoption Leave Allowance Eligibility

(a) After completion of six (6) months’ continuous

employment, an employee who provides the
Corporation with proof that he or she has
applied for and is in receipt of unemployment
benefits pursuant to Section 23, Employment
Insurance Act or, as the case may be,
pursuant to the Quebec Parental Insurance
Plan, shall be paid an adoption leave
allowance in accordance with the
Supplementary Unemployment Benefit Plan.

(b) An applicant under paragraph 23.07(a) shall

sign an agreement with the Corporation,
providing:

(i) that he or she will return to work and

remain in the Corporation's employ for
a period of at least six (6) months after
his or her return to work;

(ii) that he or she will return to work on the

date of the expiry of his or her adoption
leave, unless this date is modified with
the Corporation's consent or unless the
employee is then entitled to another
 184

leave provided for in this collective

agreement.

(c) Should the employee fail to return to work as

per the provisions of paragraph 23.07(b), the
employee recognizes that he or she is
indebted to the Corporation for the amount
received as adoption leave allowance.

23.08 Rate of Allowance

In respect of the period of adoption leave,

payments made according to the Supplementary
Unemployment Benefit Plan will consist of the following:

(a) Up to twelve (12) weeks, payments

equivalent to the difference between the
unemployment benefits the employee is
eligible to receive under the Employment
Insurance Plan or the Quebec Parental
Insurance Plan and ninety-three percent
(93%) of his or her weekly wage. The up to
twelve (12) weeks payments will be inclusive
of the waiting period for the Employment
Insurance Plan or the Quebec Parental
Insurance Plan where the full ninety-three per
cent (93%) will be paid.

(b) The weekly wage referred to in

paragraph 23.08(a) shall be the employee's
rate of pay set out in Appendix “A” multiplied
by the normal weekly hours of work
prescribed for that employee.

(c) Where an employee becomes eligible for an

annual increment during the period of
adoption leave, payments under
 185

paragraph 23.08(a) shall be adjusted

accordingly.

(d) In the application of this clause, the combined

weekly level of SUB payment, Employment
Insurance Plan or the Quebec Parental
Insurance Plan benefits and other earnings
will not exceed ninety-three percent (93%) of
the employee's normal weekly earnings.

(e) Employees have no vested right to payments

under the plan, except to payments during a
period of unemployment specified in the plan.

(f) Payments in respect of guaranteed annual

remuneration or in respect of deferred
remuneration are not reduced or increased by
payments received under the plan.

23.09 Leave Without Pay for the Care and

Nurturing of Pre-School Age Children

(a) Subject to operational requirements, leave

without pay in one (1) or more periods of not
less than one (1) month duration to a total
maximum of five (5) years during an
employee's total period of employment in the
Corporation shall be provided for the care and
nurturing of pre-school age children.

(b) Leave without pay which is for a period of

more than three (3) months, granted under
this clause, shall be deducted from the
calculation of continuous employment for the
purpose of calculating vacation leave for the
employee involved. Time spent on such leave
which is for a period of more than three (3)
 186

months shall not be counted for pay increment

purposes.

ARTICLE 24

INJURY-ON-DUTY LEAVE

24.01 Eligibility for Leave

An employee shall be granted injury-on-duty

leave at seventy-five percent (75%) of his or her regular pay
for the period of time approved by a provincial workers'
compensation board that he or she is unable to perform his
or her duties because of:

(a) personal injury accidentally received in the

performance of his or her duties and not
caused by the employee's willful misconduct,

or

(b) sickness resulting from the nature of his or her

employment,

or

(c) over-exposure to radioactivity or other

hazardous conditions in the course of his or
her employment,

if the employee agrees to pay to the Corporation any amount

received by him or her for loss of wages in settlement of any
claim he or she may have in respect of such injury, sickness
or exposure.

Once approved for injury-on-duty leave, the

Corporation will maintain the employee’s regular pay during
 187

the leave period, subject to the availability of top up credits

as defined in clause 20.08.

24.02 Part-time Employees - Injury-on-Duty

Leave

Subject to the approval of the relevant workers'

compensation boards, the Corporation will calculate the rate
of pay for part-time employees on injury-on-duty leave on the
following basis:

(a) where the employee has worked for the

Corporation for fifty-two (52) weeks or more
prior to going on injury-on-duty leave, seventy-
five percent (75%) of his or her average weekly
rate of pay for the fifty-two (52) week period will
be used; or

(b) where the employee has worked for the

Corporation for less than fifty-two (52) weeks
prior to going on injury-on-duty leave, to
seventy-five percent (75%) of his or her
average weekly rate of pay for his or her period
of employment will be used.

Once approved for injury-on-duty leave the

Corporation will maintain the employee’s average weekly
rate of pay during the leave period, subject to the availability
of top-up credits, as defined in clause 20.08.

24.03 Injury-on-Duty Pending

An employee shall receive seventy percent

(70%) of his or her regular pay when he or she is
incapacitated and unable to report to work as scheduled as
a result of an injury that is pending a decision of a Worker’s
Compensation Board.
 188

ARTICLE 25

ISOLATED POST ALLOWANCE

25.01 Travel Leave

An employee at an isolated post who is

proceeding on vacation or leave under Article 20 for his or
her illness or injury shall be entitled to travel leave (leave of
absence with pay) of three (3) working days or actual travel
time, whichever is the lesser, for purposes of travel from his
or her post to a point of departure and to return from a point
of departure to his or her post.

25.02 Transportation Problems

In the case of unavoidable delay due to

transportation problems between his or her post and the
point of departure or return, the Corporation shall grant
additional time in consideration of the circumstances where
the employee provides satisfactory proof, which shall be in
the form of a letter, a note or other documentation from an
authorized officer of an official agency, of such delay.
When it is not possible to obtain such documentation, the
supervisor or authorized representative of the Corporation
can establish the facts by contacting the authorized officer of
the official agency.

25.03 Allowance for Work in an Isolated Post

The Corporation shall pay employees working

in isolated posts described in Appendix “H” the allowance
provided for in that appendix.
 189

ARTICLE 26

LEAVE FOR UNION BUSINESS

26.01 Full-time Union Officers

An employee who has been elected or

appointed to a full-time office of the Union shall be entitled to
leave of absence without pay for the period during which he
or she is elected or appointed to hold office.

26.02 Convention Delegates and Union

Representatives

Employees selected as delegates to

constitutional conventions of the Union, or to negotiating
committees for the purpose of collective bargaining, or as
delegates to conventions of the Canadian Labour Congress
or provincial federations of labour chartered by the
Canadian Labour Congress, shall be granted leave of
absence without pay for the purpose of attending such
conventions and negotiating committees in accordance with
the following conditions:

(a) application for leave for these purposes shall

be made at least five (5) working days before
the date the leave is to commence;

(b) the leave shall be for the period of the

convention, or contract negotiations, plus
traveling time to and from the appropriate
locations.

26.03 Conference and Seminar Delegates

The Corporation agrees that employees

 190

selected as delegates to other conferences or seminars of

the Union shall be granted leave of absence without pay for
the purposes of attending such conferences or seminars.

26.04 Work on Behalf of the Union

Recognizing that circumstances may arise

whereby an employee is required to serve or work on behalf
of the Union, the Corporation agrees to grant leave without
pay.

26.05 Granting of Leave

Application for leave for the purposes of

clauses 26.03 and 26.04, shall be made at least five (5)
working days before the date the leave is to commence.
Providing operations will not be significantly impeded, the
granting of such leave without pay will not be unreasonably
withheld.

26.06 Employees to Remain on Payroll

(a) Members of the Union who are required to

work on behalf of the Union at the regional or
national level, or who are elected or appointed
to serve on national union committees and
those selected as delegates to constitutional
conventions of the Union, or to negotiating
committees for the purpose of collective
bargaining will remain on the Corporation's
payroll and the Corporation will be fully
reimbursed by the Union.

(b) Employees who require leave for Union

business to perform local Union duties on a
short term basis or to take part in a
conference or union education seminar will
 191

remain on the Corporation's payroll, and the

Corporation will be fully reimbursed by the
local of the Union.

(c) In the above situations, employees shall

remain on the Corporation’s payroll only upon
written authorization by the President or
Secretary-Treasurer of the Union or of the local
of the Union.

(d) Amounts claimed by the Corporation from the

Union or from a local of the Union under this
clause shall be paid at the latest forty-five (45)
working days following transmission of an
invoice from the Corporation.

(e) The invoice shall include detailed information

to allow for identification of the individuals and
the leave for which the Corporation is asking to
be reimbursed.

(f) Should the Union, or the local of the Union, as

the case may be, believe that the invoice
contains an error, the Union, or the local of the
Union, shall provide written details of the
alleged error to the Corporation within the time
frame mentioned in paragraph 26.06(d). Any
amounts claimed which are not disputed on
the invoice shall be paid in accordance with
paragraph 26.06(d).

(g) Once the Union, or the local of the Union, has

provided the Corporation with the details of the
alleged error, the parties shall meet without
delay in an effort to resolve the dispute.

(h) If amounts claimed are not disputed according

 192

to paragraph 26.06(f) and are not paid within

the time frame mentioned in paragraph
26.06(d), the Corporation deducts such
amounts from a subsequent dues remittance
as provided in clause 4.04.

(i) Where it is a local of the Union that has

disputed amounts claimed, and the parties are
unable to resolve the dispute in accordance
with paragraph 26.06(g), the Corporation shall
provide notice to the Union of the dispute, and
shall enclose a copy of the relevant invoice.

(j) If amounts claimed are not disputed by the

Union and are not paid within fifteen (15)
working days after transmission of the notice in
paragraph 26.06(i), the Corporation deducts
such amounts from a subsequent dues
remittance as provided in clause 4.04.

(k) If the Union continues to dispute the amounts

claimed, it shall provide the Corporation with
written details of the alleged error within the
fifteen (15) working day period mentioned in
paragraph 26.06(j) and the parties shall meet
without delay in an effort to resolve the dispute.
 193

ARTICLE 27

OTHER LEAVES OF ABSENCE

27.01 Education Leave

(a) Upon the request of an employee, leave of

absence without pay may be granted for
educational purposes up to a maximum of
three (3) years. Such leave shall not be
unreasonably withheld and may be renewed
by mutual agreement.

(i) At the Corporation's discretion, an

employee on education leave without
pay under this article may receive an
allowance in lieu of salary of up to one
hundred percent (100%) of his or her
annual rate of pay as provided for in
Appendix “A” of this agreement,
depending on the degree to which the
education leave is deemed, by the
Corporation, to be relevant to
organizational requirements. Where
the employee receives a grant, bursary
or scholarship, the education leave
allowance may be reduced. In such
cases, the amount of the reduction
shall not exceed the amount of the
grant, bursary or scholarship.

(ii) Allowances already being received by

the employee may, at the discretion of
the Corporation be continued during
the period of the education leave.
The employee shall be notified when
the leave is approved whether such
 194

allowances are to be continued in

whole or in part.

(iii) As a condition of the granting of

education leave without pay, an
employee shall, if required, give a
written undertaking prior to the
commencement of the leave to return
to the service of the Corporation for a
period of not less than the period of the
leave granted.

If the employee:

(1) fails to complete the course;

(2) does not resume employment

with the Corporation on
completion of the course;

or

(3) ceases to be employed before

termination of the period he or
she has undertaken to serve
after completion of the course;

he or she shall repay the Corporation

all allowances paid to him or her
under this article during the education
leave or such lesser sum as shall be
determined by the Corporation.

27.02 Leave by Request and Military Leave

(a) The Corporation may grant leave of absence

without pay to a maximum of three (3) months
 195

to an employee requesting in writing such

leave of absence for good and sufficient
cause. Such leave shall not be unreasonably
withheld.

(b) Upon written request, leave of absence

without pay shall be granted to an employee
for the purpose of military or civil defence
training.

(c) The Corporation may grant leave of absence

with pay to an employee who is required to
attend to emergencies affecting the
community.

27.03 Court Leave

Leave of absence with pay for his or her

normal daily hours shall be granted to every employee who,
on a day he or she would otherwise have worked his or her
scheduled shift, is required:

(a) to serve on a jury;

or

(b) to attend as a witness by subpoena or

summons or by providing satisfactory proof of
having attended as a witness in any
proceeding held:

(i) in or under the authority of a court of

justice or before a grand jury;

(ii) before a court, judge, justice,

magistrate or coroner;
 196

(iii) before the Senate or House of

Commons of Canada, or a committee
of the Senate or House of Commons,
otherwise than in the performance of
the duties of his or her position;

(iv) before a legislative council, legislative

assembly or house of assembly, or any
committee thereof that is authorized by
law to compel the attendance of
witnesses before it;

or

(v) before an arbitrator or umpire or a

person or body of persons authorized
by law to make an inquiry and to
compel the attendance of witnesses
before it.

(c) Where an employee has been granted leave

of absence and is subsequently required to
report for duty on an afternoon or night shift
on the same day, he or she will be granted a
reasonable period of rest, not to exceed eight
(8) hours following his or her attendance in
court, before reporting for duty. In such
circumstances, the employee's shift will be
delayed so as to commence at the end of the
rest period referred to in this clause.

27.04 Personnel Selection Leave

Where an employee is participating in a

personnel selection process for a position within the
Corporation, he or she is entitled to leave of absence with
pay for the period during which his or her presence is
 197

required for purposes of the selection process and for such

further period as the Corporation considers reasonable for
him or her to travel to and from the place where his or her
presence is so required. Such leave will be granted only for
those periods the employee is scheduled to be on duty.

27.05 Leave Without Pay for Relocation of

Spouse

(a) At the request of an employee, leave without

pay for a period of up to one (1) year shall be
granted to an employee whose spouse is
permanently relocated and up to five (5) years
to an employee whose spouse is temporarily
relocated.

(b) Leave without pay granted under this clause

shall be deducted from the calculation of
continuous employment for the purpose of
calculating vacation leave for the employee
involved, except where the period of such
leave is less than three (3) months. Time
spent on such leave which is for a period of
more than three (3) months shall not be
counted for pay increment purposes.

27.06 Examination Leave With Pay

(a) Examination leave with pay may be granted to

an employee for the purpose of writing an
examination which takes place during the
employee's scheduled hours of work. Such
leave will only be granted where, in the
opinion of the Corporation, the course of study
is directly related to the employee's duties or
will improve his or her qualifications.
 198

(b) If an employee's duties include driving a

Corporation owned motor vehicle, for which
he or she must be licensed other than as a
private motor vehicle operator, when his or
her licence must be renewed, the employee
shall be considered as being on-duty status
for such time as may be needed to take the
necessary tests required by the provincial
motor vehicle licensing authority for the
purpose of obtaining or validating the required
type of licence. The cost of the licence shall
be paid by the employee.

27.07 Career Development Leave With Pay

(a) Career development refers to an activity

which, in the opinion of the Corporation, is
likely to be of assistance to the individual in
furthering his or her career development and
to the organization in achieving its goals. The
following activities shall be deemed to be part
of career development:

(i) a course given by the Corporation;

(ii) a course offered by a recognized

academic institution;

(iii) a seminar, convention or study session

in a specialized field directly related to
the employee's work.

(b) Upon written application by the employee, and

with the approval of the Corporation, career
development leave with pay may be given for
any one of the activities described in
 199

paragraph 27.07(a). The employee shall

receive no compensation under Article 15
(Overtime) and Article 32 (Transportation and
Travel) during time spent on career
development leave provided for in this clause.

(c) Employees on career development leave shall

be reimbursed for all reasonable travel and
other expenses incurred by them which the
Corporation may deem appropriate.

27.08 Leave Without Pay for Personal Needs for

Group 3

Leave without pay will be granted for personal

needs, in the following manner:

(a) Subject to operational requirements, leave

without pay for a period of up to three (3)
months will be granted to an employee for
personal needs.

(b) Subject to operational requirements, leave

without pay of more than three (3) months, but
not exceeding one (1) year, will be granted to
an employee for personal needs.

(c) An employee is entitled to leave without pay

for personal needs only once under each of
paragraphs 27.08(a) and (b) during his or her
total period of employment in the Corporation.
Leave without pay granted under this clause
may not be used in combination with
maternity, parental or adoption leave without
the consent of the Corporation.

(d) Leave without pay granted under paragraph

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27.08(a) shall be counted for the calculation of

continuous employment for the purpose of
calculating vacation leave. Time spent on
such leave shall not be counted for pay
increment purposes.

(e) Leave without pay granted under paragraph

27.08(b) shall be deducted from the
calculation of continuous employment for the
purpose of calculating vacation leave for the
employee involved. Time spent on such leave
shall not be counted for pay increment
purposes.

27.09 Leave Without Pay for Group 2

The Corporation shall grant leave without pay

for a period of up to a maximum of three (3) months to an
employee who requests such leave in writing for good and
sufficient cause provided:

(a) the employee gives reasonable advance

notice of the period requested, and

(b) notwithstanding any other provision of this

agreement, through consultation between the
local and the Corporation, agreement is
reached on the method to be used to cover
the absence.

27.10 Sabbatical Leave

The Corporation shall make available to

employees Self-Funded Leave as per the Work Options
Program, as may be amended from time to time.
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27.11 Leave Without Pay for Long-Term Elder

Care

(a) Subject to operational requirements, leave

without pay in one (1) month or more periods
of not less than one (1) month duration to a
total maximum of five (5) years during an
employee’s total period of employment in the
Corporation shall be provided for the long-
term personal care of the employee’s parents,
including spouse’s parents or foster parents.

(b) Leave without pay which is for a period of

more than three (3) months, granted under
this clause, shall be deducted from the
calculation of continuous employment for the
purpose of calculating vacation leave for the
employee involved. Time spent on such leave
which is for a period of more than three (3)
months shall not be counted for pay increment
purposes.

27.12 Compassionate Care Leave

(a) For the purpose of this clause, family member

means:

• a spouse of the employee;

• a child of the employee;

• a child of the employee’s spouse;

• a parent of the employee;

• a spouse of a parent of the employee;

 202

or

• any other person who is defined as a

“family member” in subsection 23.1(1)
of the Employment Insurance Act.

(b) The employee shall be granted leave without

pay for a period up to twenty-eight (28)
weeks to provide care or support to a family
member if a qualified medical practitioner
issues a certificate stating that the family
member has a serious medical condition with
a significant risk of death within twenty-six
(26) weeks.

(c) A leave of absence under this clause may

only be taken in periods of not less than one
week’s duration.

(d) The entitlement to leave without pay may be

shared by two (2) or more employees of the
same family, however, the total amount of
leave without pay that may be taken in
regard to the same family member is twenty-
eight (28) weeks.

(e) The medical certificate referred to in clause

(b) above shall be provided to the Corporation
within fifteen (15) days of an employee’s
return to work.
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ARTICLE 28

SEVERANCE PAY
28.01 Acquired Rights

Regular employees who are employees of the

Corporation on September 1st, 2003 shall be entitled to an
amount equal to the severance pay entitlement they will
have accumulated as of December 31, 2003.

28.02 Entitlement

The amount to which an employee is entitled

shall be equal to one week of regular salary for each year of
continuous service up to December 31, 2003, up to a
maximum of twenty-eight (28) weeks. If the employee,
based on his or her anniversary date, has not completed a
full year of employment to December 31, 2003, the amount
payable for the partial year of employment shall be pro-
rated.

Payment to employees who are part-time, or

whose continuous employment includes a period of both full-
time and part-time employment, will be calculated in
accordance with clause 28.04 of the collective agreement
expiring January 31, 2003.

Prior service as a temporary and/or casual

employee will be included in determining the entitlement
under this paragraph and shall be prorated in accordance
with clause 28.04 of the collective agreement expiring on
January 31, 2003.

28.03 Terms of Payment

The amount to which an employee is entitled

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shall be paid in a single payment, at the employee’s

discretion, either:

(a) Before July 1st, 2004, at the employee’s rate

of pay as of December 31, 2003, or

(b) At the time of his or her retirement, based on

the employee’s rate of pay during the week
prior to his or her retirement.

In the event of the death of an employee who

has not received his or her severance pay entitlement, such
entitlement shall be paid to his or her estate based on the
employee’s rate of pay at the time of his or her death.

An employee who chooses to receive a

payment under paragraph 28.03 (b), who resigns or is
terminated after December 31, 2003 but prior to his or her
retirement, shall be paid the amount set out in paragraph
28.03 (a).

28.04 Transition

The provisions of clauses 28.01 to 28.05 of

the collective agreement that expired on January 31, 2003
shall continue to apply until December 31, 2003 for regular
employees who are on strength as of September 1st, 2003.

28.05 Departure Incentives

(a) In order to avoid having employees being

declared surplus or to help in resolving the
situation more easily once employees have
been declared surplus, the Corporation may, at
any time, at its discretion, offer departure
incentives. It is understood that the incentives
offered will be determined by the Corporation
 205

and that they will be administered to the

employees concerned in a consistent and
uniform manner.

(b) The Corporation shall determine the number of

departure incentives available to employees by
classification within a post office.

(c) The Corporation shall notify the employees in

the targeted classifications in the post office of
the details of the departure incentive program.
At the same time, a copy of this notice will be
provided to the local Union. Such notice will
indicate the expected number of incentives
available, the post office and classification
targeted, the last date on which expressions of
interest will be accepted and will invite
employees to indicate their interest in the
departure incentive program.

(d) Employees will have at least twenty (20)

working days following the notice mentioned in
paragraph 28.05(c) to indicate their interest in
writing to the designated representative of the
Corporation.

(e) The Corporation will provide the local of the

Union with a list of the names of employees in
seniority order by classification who have
indicated an interest in the departure incentive
program.

(f) The Corporation will offer departure incentives

in seniority order within the targeted
classification within the post office to
employees who have indicated their interest
under paragraph 28.05(d) in the following order
 206

of preference:

(i) first to those who are eligible for an

unreduced or reduced pension at age
fifty (50) under the Canada Post
Corporation Pension Plan and then, if
necessary,

(ii) to the other employees.

(g) When making an offer under paragraph

28.05(f), the Corporation will provide to the
employee the specifics of his or her incentive in
writing. The employee will have twenty (20)
working days to notify the Corporation in
writing of his or her acceptance or refusal of
the departure incentive offer. Failure to
respond within the twenty (20) working days
will be treated as a refusal.

(h) The Corporation will notify the local of the

Union of the names of employees to whom an
offer is made.

(i) The Corporation agrees that any offer made

pursuant to paragraph 28.05(f) will be
presented to the employees concerned within
forty (40) working days following the last date
on which expressions of interest were to be
accepted. At the end of the process, the
Corporation further undertakes to advise all
employees who expressed an interest in a
departure incentive under paragraph 28.05(c)
of the status of their application.

(j) At any meeting with the Corporation to discuss

his or her departure incentive, an employee
 207

has the right to be accompanied by a

representative of the Union.

(k) The Corporation will notify the local Union of

the names of employees who have accepted a
departure incentive; it is understood that this
satisfies the requirement under
paragraph 10.06(b).

ARTICLE 29

TECHNOLOGICAL CHANGES
29.01 Definitions

In this article, “technological changes” means

the introduction by the Corporation in its operations, of
equipment different in nature, type or quantity from that
previously utilized by the Corporation, a change, related to
the introduction of this equipment, in the manner in which the
Corporation carries on its operations and any change in work
methods and postal services operations affecting one or
more employees.

29.02 Adverse Effects to be Eliminated

In carrying out technological changes, the

Corporation agrees to eliminate all injustices to or adverse
effects on employees and any denial of their contractual or
legal rights which might result from such changes.

29.03 Notice

When the Corporation is considering the

introduction into any sector of the Canadian postal system of
a technological change:
 208

(a) the Corporation agrees to notify the Union as

far as possible in advance of its intention and
to update the information provided as new
developments arise and modifications are
made;

(b) the foregoing notwithstanding, the Corporation

shall provide the Union, at least one hundred
and twenty (120) calendar days before the
introduction of a technological change, with a
detailed description of the project it intends to
carry out, disclosing all foreseeable effects
and repercussions on employees.

29.04 Pertinent Information Included

The notice mentioned in paragraph 29.03(b)

shall be given in writing and shall contain pertinent data
including:

(a) the nature of the change;

(b) the date on which the Corporation proposes to

effect the change;

(c) the approximate number, type and location of

employees likely to be affected by the change;

(d) the effects the change may be expected to

have on the employees' working conditions
and terms of employment;

and

(e) all other pertinent data relating to the

anticipated effects on employees.
 209

29.05 Labour-Management Meetings on Changes

Where the Corporation has notified the Union

of its intention of introducing a technological change, the
parties undertake to meet within the next fifteen (15)
calendar days to hold constructive and meaningful
consultations in an effort to reach agreement on solutions to
the problems arising from this change.

29.06 Agreement

Agreements reached between the parties

under this article shall receive the written approval of the
authorized national representatives of the parties.

29.07 Disagreement

Where the parties do not reach agreement

within forty-five (45) calendar days after the date on which
the Union has received notification from the Corporation of
its intention to introduce a technological change, and
various matters remain unresolved in spite of the efforts of
the parties, the parties shall refer such matters to an
arbitrator. To this end, the parties shall, in their request for
the appointment of the arbitrator, specifically state the
matters on which they do not agree and which require the
intervention of the arbitrator.

29.08 Right to Grieve and to Refer Grievances to

Arbitration

Any agreement concluded between the

parties under this article or any decision handed down by
the arbitrator under this article shall have the same effect as
the provisions of the existing collective agreement and shall
be subject to the grievance procedure, up to and including
 210

arbitration.

29.09 Appointment of the Arbitrator

If the parties cannot mutually agree on the

selection of an arbitrator, the parties will request the
Minister of Labour to appoint an arbitrator.

29.10 Time Limits and Decisions of the Arbitrator

(a) The arbitrator shall commence his or her work

within fourteen (14) calendar days after the
date on which he or she is chosen by the
parties, or the request of the parties to appoint
an arbitrator is submitted to the Minister of
Labour.

(b) The arbitrator shall examine and make

decisions on only those matters specifically
listed in clause 29.07.

(c) The arbitrator shall present his or her report

not later than forty-five (45) calendar days
after the date on which the parties have
chosen the arbitrator or have submitted their
request to the Minister of Labour.

(d) The report of the arbitrator shall be binding on

both parties.

29.11 Protection of Employees

In order to render effective the principle

established in clause 29.02, the Corporation agrees to the
following provisions, which are designed to protect all
employees covered by this collective agreement:
 211

(a) Guaranteed Employment

Except as otherwise provided in this collective

agreement, the Corporation guarantees
continuous employment to all employees
covered by the agreement until the signing of
the next collective agreement between the
parties.

(b) Guaranteed Classification

For the period of continuous employment

guaranteed in the previous paragraph, an
employee shall retain his or her classification
and the corresponding wage scale, regardless
of any reassignment to other duties or any
reclassification of the duties performed by the
employee at a lower level.

The foregoing notwithstanding, an employee

may accept a voluntary reassignment to
another classification, but shall retain such
new classification and the corresponding
wage scale from the date of voluntary
reassignment and for the duration of this
collective agreement.

(c) Guaranteed Pay

To further clarify the intent of this clause, the

Corporation guarantees full pay and benefits
for normal working hours as defined in this
collective agreement for the full period of
continuous employment guaranteed in
paragraph 29.11(a).
 212

(d) Retraining

Any employee either voluntarily or

compulsorily reassigned or reclassified as a
result of these changes shall be provided with
whatever amount of retraining he or she
requires during his or her hours of work with
full pay from the Corporation and at no
additional cost to the employee. Any
employee unable to follow a retraining course
shall maintain his or her classification, or its
equivalent, in the bargaining unit.

(e) Relocation

For greater certainty, it is understood that the

provisions of Article 53 shall apply when
positions are rendered surplus to
requirements as a result of technological
changes.

(f) Displacement

When an employee is displaced permanently

from a working place to another, he or she
shall be entitled to a lump sum compensation
of four hundred dollars ($400) or eight
hundred dollars ($800) depending on whether
the distance between his or her residence at
the time of the transfer and his or her new
working place has increased by three point
two (3.2) or six point five (6.5) kilometres, (two
(2) or four (4) miles), respectively.
 213

29.12 Application of the Collective Agreement

It is understood that all the provisions of this

collective agreement shall fully apply at the time of the
application or following the application of a technological
change and in regard to all new situations created by or
following the application of a technological change, unless a
written and specific understanding is reached by the parties
for amending this collective agreement.

ARTICLE 30

GROUP INSURANCE AND BENEFIT PLANS

30.01 Definitions

The following definitions apply for purposes of this article:

(a) “premium” means monies directed to the cost

of an insured plan (the Disability Insurance
Plan);

(b) “contribution” means monies directed to the

cost of a self-insured Administrative Services
Only Plan (the Extended Health Care, Dental
and Hearing and Vision Plans) including the
cost of the administrative services provided by
an insurer;

(c) “co-insurance” means the percentage by

which the employees and the employer share
in the amount of eligible expenses;

(d) “cost-sharing” includes, where applicable,

premiums, contributions, co-insurance, and
deductibles.
 214

30.02 Extended Health Care Plan (EHCP)

(a) The Extended Health Care Plan (EHCP) as

amended from time to time, shall remain in
effect during the term of this agreement.

(b) The EHCP will be available to all regular

employees.

(c) (i) Effective January 1, 2008, the EHCP

co-insurance shall be:

(1) for prescription drug expenses,

eighty percent (80%) employer and
twenty percent (20%) employee as
per the terms and conditions of the
Controlled Drug Plan;

(2) for all other expenses, eighty percent

(80%) employer and twenty percent
(20%) employee.

(d) Effective January 1, 2004, the Corporation’s

contribution to the “Medical” portion of the
EHCP (this excludes the Optional Expenses
Benefit) shall be ninety-five percent (95%) and
the contribution of the employee shall be five
percent (5%).

(e) During the life of this collective agreement, the

parties may agree to modify the level of
benefits provided for under the EHCP.

30.03 Post-Retirement Health Care Benefits

(a) For purposes of this clause, a retiree is a

regular employee who has retired from the
 215

Corporation and who is in receipt of an

unreduced or reduced pension under the
Canada Post Corporation Pension Plan, or an
annual allowance or an immediate annuity
under the Public Service Superannuation Act.

(b) Subject to the other provisions of this clause,

a retiree who has fifteen (15) years or more of
continuous service on the date of retirement
shall be covered by the EHCP if he or she
elects to receive these benefits within sixty
(60) days of retirement or the date on which
he or she starts to receive a deferred pension.

If no application to receive the benefits is

made, the retiree will not be eligible to be
covered by the EHCP. This is a one-time
election.

(c) A retiree with less than fifteen (15) years of

continuous service who is totally disabled and
in receipt of a disability pension or an
unreduced pension pursuant to the Canada
Post Corporation Pension Plan or the Public
Service Superannuation Act shall also be
covered by the EHCP if an application is
made as provided for in paragraph 30.03(b)
above.

(d) Notwithstanding paragraphs 30.03(b) and (c)

above, an employee whose employment is
terminated shall not be entitled to the EHCP if
he or she defers pension entitlements for
more than five (5) years.

(e) If a retiree who elected for coverage

subsequently notifies the carrier that he or she
 216

wishes to discontinue coverage under Post

Retirement Health Care, he or she will not be
eligible to rejoin the plan at a later date.

(f) For those employees who retired before

April 1, 2000:

(i) The existing terms and conditions for

post-retirement benefits in effect on
March 31, 2000 will apply.

(ii) Paragraphs 30.03(a), (b), (c), (d) and

(e) do not apply.

(g) Employees who retired on or after April 1,

2000 and before September 30, 2003 are
entitled to the same EHCP as active
employees, including the level of benefits and
co-insurance, and:

(i) The Corporation’s contribution to the

“Medical” portion of the EHCP (this
excludes the Optional Expenses
Benefit) shall be eighty percent (80%)
and the contribution of the retiree shall
be twenty percent (20%).

(ii) There will be an annual deductible of

fifty dollars ($50) for each covered
person to a maximum of eighty dollars
($80) for family coverage.

(h) Employees who retired on or after September

30, 2003 and before April 1, 2013 are entitled
to the same EHCP as active employees,
including the level of benefits, deductibles and
 217

co-insurance, and:

(i) The Corporation’s contribution to the

“Medical” portion of the EHCP (this
excludes the Optional Expenses
Benefit) shall be seventy-five percent
(75%) and the contribution of the
retiree shall be twenty-five percent
(25%).

(i) Employees who retire on or after April 1, 2013

are entitled to the same EHCP as active
employees, including the level of benefits,
deductibles and co-insurance, and:

(i) The Corporation’s contribution to the

“Medical” portion of the EHCP (this
excludes the Optional Expenses
Benefit) shall be sixty-five percent
(65%) and the contribution of the
retiree shall be thirty-five percent
(35%).

30.04 Dental Plan

(a) The dental plan shall remain in effect for the

term of this agreement.

(b) All regular employees shall be covered by the

plan.

(c) The Corporation’s contribution to the plan

shall be ninety-five percent (95%) and the
contribution of the employee shall be five
percent (5%).

(d) Employees covered by the Dental Plan will be

 218

subject to an annual deductible of fifty dollars

($50) for each covered person to a maximum
of eighty dollars ($80) for a family.

(e) Effective January 1, 2019, the 2018 Dental fee

schedule shall apply.

Effective January 1, 2020, the 2019 Dental fee

schedule shall apply.

Effective January 1, 2021, the 2020 Dental fee

schedule shall apply.

(f) During the life of this collective agreement, the

parties may agree to modify the level of
benefits provided for under the Dental Plan.

30.05 Hearing and Vision Plan

(a) The hearing and vision plan shall remain in

effect for the term of this agreement.

(b) All regular employees shall be covered by the

plan.

(c) The Corporation’s contribution to the plan

shall be one hundred percent (100%).

(d) The vision benefits will be:

(i) three hundred dollars ($300) for each

four (4) calendar year period; and,

(ii) a one lifetime maximum of three

hundred dollars ($300) for visual
correction by laser.
 219

(e) The hearing benefits will be seven hundred

and fifty dollars ($750) for each sixty (60)
month period.

(f) During the life of this collective agreement, the

parties may agree to modify the level of
benefits provided for under the Hearing and
Vision Plan.

30.06 Disability Insurance Plan

(a) The parties agree that the Disability Insurance

Plan shall be available to all regular
employees subject to eligibility requirements
set by the plan.

(b) The parties agree that enrolment in the

Disability Insurance Plan will continue to be
mandatory for part-time employees hired after
March 10, 1985.

(c) The premium will be paid by employees and

the Corporation based on a fifty (50) - fifty (50)
proportion. The parties agree that the
premium payable by the part-time employees
will not be higher than the premium payable
by full-time employees.

(d) During the life of this collective agreement, the

parties may agree to modify the level of
benefits provided for under the Disability
Insurance Plan.

(e) The Corporation administers the Disability

Insurance Plan. However, the payment of
benefits under the plan shall be the exclusive
responsibility of the insurance carrier.
 220

Consequently, the grievance and arbitration

procedure shall not apply in case of
disagreement between the employee and the
insurance carrier and such disagreements
shall be resolved in accordance with
Appendix “N”.

30.07 Copies of Plan Documents

Within sixty (60) days of the signing of the

collective agreement, the Corporation will provide the Union
with copies of the plan documents referred to in clauses
30.02, 30.04, 30.05 and 30.06. The Corporation will provide
the Union with amended versions of the plan documents
should there be changes to the plan documents during the
term of the collective agreement.

The Corporation agrees to engage in

meaningful consultation with the Union at least ninety (90)
days prior to the introduction of changes to premiums for
those plans covered under clauses 30.02, 30.03 and
30.04. During such consultation, the Corporation will
provide the Union with information respecting how such
premiums were calculated.

30.08 Provincial Medical Insurance Plan

The Corporation agrees to continue to

contribute to the Provincial Medical Insurance Plan
Premium in British Columbia at the rate of seventy percent
(70%) of the provincial medical premium.
 221

ARTICLE 31

WICKET/COUNTER EMPLOYEES
31.01 Training

(a) In addition to the training provided for in

Article 40, the Corporation agrees to provide a
minimum of two (2) weeks' theoretical and/or
practical training within a three (3) month
period before assigning a new wicket/counter
clerk to the responsibility of a wicket/counter.

(b) When a new wicket/counter clerk is assigned

to the responsibility of a wicket/counter, a
qualified wicket/counter clerk may be
assigned to provide on-the-job guidance to the
new clerk and, for this purpose, the qualified
wicket/counter clerk shall then be relieved of
his or her normal duties.

31.02 Security

Bank deposits shall be the responsibility of

supervisory personnel and/or lead hands but, where
exceptional circumstances make it necessary to use other
personnel, adequate protection for personal safety and
security shall be provided.

31.03 Wicket/Counter Audit

(a) All audits of the credit of a wicket/counter

clerk shall take place in his or her presence
except where the wicket/counter clerk is
unavailable, in which circumstances the audit
shall be witnessed by the Union steward or an
officer of the Union, if he or she is available in
 222

the work area, or if he or she is not, by

another employee.

(b) A wicket/counter clerk shall be given an

opportunity to make a weekly audit during his
or her working hours at a time to be
determined by his or her supervisor.

(c) The Corporate Manual System – Counter

Procedures shall provide the following:

(i) the surplus cash fund of a wicket/

counter clerk can accumulate up to a
maximum of one hundred dollars
($100) as a result of overages less
shortages;

(ii) when a shortage occurs, an employee

has access to his or her surplus cash
fund up to the amount accumulated in
the surplus cash fund;

(iii) the maximum amount of an overage

which an employee may deposit in the
surplus cash fund is the difference
between one hundred dollars ($100)
and the current accumulated balance.

31.04 Protection Against Shortage

An employee shall not be held responsible for

a shortage nor required to reimburse it if such shortage is
not due to carelessness.

At arbitration, the Corporation will have the

onus of proving that an employee was careless.
 223

ARTICLE 32

TRANSPORTATION AND TRAVEL

32.01 Transportation

(a) The Corporation will provide transportation to

employees while on duty when they are
required to move from one postal facility to
another to perform their assigned duties and
the distance involved is more than four
hundred and fifty-seven point two (457.2)
meters [five hundred (500) yards].

(b) The Corporation will also provide

transportation to letter carriers while on duty
where the distance exceeds four hundred and
fifty-seven point two (457.2) meters [five
hundred (500) yards]

(i) between the post office, i.e. main office,

postal station or letter carrier depot and
the beginning or end of the walk, and/or

(ii) between available transportation and

the beginning or end of the walk.

32.02 Relief Assignment

An employee shall not be required to accept

to move from his or her postal facility to another which is at
a distance of more than forty (40) kilometres from his or her
postal facility to perform relief assignments.

In those situations provided for in clauses

51.03 and 52.03, this limit shall be thirty (30) kilometres.
 224

32.03 Transportation Methods

The Corporation shall designate the methods

of transportation to be used, but an employee shall not be
required to ride in that portion of a vehicle which is not
equipped to carry passengers or ride in an unsafe vehicle.

32.04 Emergency Situations

(a) When an emergency situation arises that is

beyond the control of the Corporation and
transportation cannot be supplied as provided
in paragraph 32.01(b), the matter will be
referred for meaningful consultation with the
National Director of the Union.

(b) If agreement is not reached in paragraph

32.04(a), the matter will be referred to the
national level.

32.05 Determination of Modes of Transportation

(a) The application of the established cost benefit

analysis procedure will continue to be the
basis for determining the modes of
transportation for each letter carrier route.

(b) Prior to the implementation of a change in a

mode of transportation governing a route,
local consultation will take place and will
consider, in addition to the question of cost
benefit, the effect on the human element.

(c) For the term of this collective agreement,

there will be no change in the mode or modes
of transportation for which the total
 225

transportation allowance is seventy (70)

minutes or less, except if the mode of
transportation for the route is changed to
corporate vehicle.

(d) Following consultation, mutual agreement at

the national level could result in changes to
paragraphs 32.05(a), (b) and (c).

32.06 Private Vehicle

(a) Notwithstanding paragraphs 32.01(b) and

32.05(c), letter carriers who voluntarily agree
to use their own vehicles will be allowed to do
so and the routes may be restructured
accordingly subject to the following rules:

(b) An employee volunteering to use his or her

private vehicle to replace the special
transportation vehicle will be compensated at
the kilometre rate specified in the Corporate
Travel Policy for Unionized Employees the
same total number of kilometres as the
special transportation vehicle would have
utilized under the Route Measurement
System.

(c) In addition to the compensation noted above,

the Corporation will compensate each
employee actually using his or her vehicle for
the additional compulsory insurance premium
levied for the business use insurance in
accordance with the administrative practices
of the Corporation. As well, the Corporation
shall reimburse the employee for freeway and
bridge tolls incurred while in the course of
 226

delivery.

(d) Prior to the restructuring in accordance with

Article 47, the Corporation shall identify those
letter carrier routes on which letter carriers
may be permitted to use private vehicles.

(e) After these routes have been identified and

subsequent to the assessment exercise where
applicable but prior to the restructuring, letter
carriers will be asked by seniority to identify
the routes they wish to take and their
willingness to utilize private vehicles.

(f) During the restructuring process, routes which

have been identified in accordance with
paragraph 32.06(d) and which have been
identified by employees willing to utilize
private vehicles may be restructured for
special transportation. It is understood that
the routes so identified may change or
disappear during the restructuring process. All
other routes shall be restructured in
accordance with normal restructuring
procedures.

(g) All employees shall bid on the restructured

routes in accordance with the collective
agreement.

(h) Where, in the course of the bidding, a letter

carrier obtains a route which is structured for
special transportation and that letter carrier is
not willing to use a private vehicle, he or she
shall be conveyed by the special
transportation designated for that route.
 227

(i) Once the bidding process is completed and

the restructuring implemented, employees will
be required to utilize the transportation
designated for that route.

(j) This procedure shall be followed in

subsequent restructuring. Routes that were,
notwithstanding paragraph 32.05(c),
converted from public transportation to special
transportation in accordance with paragraph
32.06(f), will be considered to be on public
transportation for the purpose of applying this
procedure in subsequent restructuring.

(k) Notwithstanding Article 11 and Part C of

Article 13, employees volunteering to use their
own vehicles shall remain on those routes
which they bid until the next restructuring of
the installation unless agreed to by local
Management and the Union local.

(l) Payment for the use of private vehicles will be

made to employees on a bi-weekly basis.

(m) No employee in his or her own private vehicle

will be allowed to carry out any other
employee to his or her route.

(n) No employee in his or her own private vehicle

will be allowed to carry any relay bundles in
his or her vehicle.

(o) All employees will be fully covered by Article

24 when using their own vehicles in the
course of their duties.

(p) When an employee or a relief employee does

 228

not have his or her vehicle, he or she will be

treated in accordance with the special
transportation provision of the Route
Measurement System.

(q) Prior to the start of the shift or as soon as

possible after the commencement of the shift,
the employee will notify his or her supervisor
that his or her private vehicle is not available
for that day.

32.07 Travelling Time for Group 3

(a) (i) For the purposes of this agreement,

travelling time is compensated for only
in the circumstances and to the extent
provided for in this clause.

(ii) For the purpose of this clause,

headquarters area means an area
surrounding the workplace having a
radius of sixteen (16) kilometres,
centered on the workplace.

(b) When an employee is required to travel

outside his or her headquarters area on
Corporation business, the time of departure
and the means of travel shall be determined
by the Corporation and the employee will be
compensated for travelling time in accordance
with paragraphs 32.07(c) and (d). Travelling
time shall include time necessarily spent at
each stop-over en route provided such stop-
over is not longer than three (3) hours.

(c) For the purpose of paragraphs 32.07(b) and

(d), the travelling time for which an employee
 229

shall be compensated is as follows:

(i) for travel by public transportation, the

time between the regularly scheduled
time of departure and the regularly
scheduled time of arrival at a
destination, including the normal travel
time to and from point of departure, as
determined by the Corporation;

(ii) for travel by private means of

transportation, the normal time as
determined by the Corporation to
proceed from the employee's place of
residence or work place, as applicable,
direct to his or her destination and,
upon his or her return, direct back to his
or her residence or work place.

(iii) in the event that an alternate time of

departure and/or means of travel is
requested by the employee, the
Corporation may authorize such
alternate arrangements in which case
compensation for travel time shall not
exceed that which would have been
payable under the Corporation's
original determination.

(d) If an employee is required to travel as set forth

in paragraphs 32.07(b) and (c):

(i) on a normal working day on which he

or she travels but does not work, the
employee shall receive his or her daily
rate of pay for the day;
 230

(ii) on a normal work day on which he or

she travels and works, the employee
shall be paid:

(1) his or her daily rate of pay for a

combined period of travel and
work not exceeding his or her
normal hours of work; and

(2) at the applicable overtime rate

for additional travelling time in
excess of his or her normal time
in excess of his or her normal
hours of work, with a maximum
payment for such additional
travelling time not to exceed
eight (8) hours' pay at the
straight-time rate in any day;

(iii) on a day of rest or on a designated

holiday:

(1) on which he or she travels and

works, the employee shall be
paid at the applicable overtime
rate for all time worked, and at
the applicable overtime rate for
such additional travelling time
not to exceed eight (8) hours'
pay at the straight-time rate;

(2) on which he or she travels but

does not work, the employee
shall be paid at the applicable
overtime rate for all time
travelled not to exceed eight (8)
hours' pay at the straight-time
 231

rate;

(iv) (1) travel time shall be

compensated in cash, except
where upon request of an
employee, travel time shall be
compensated by leave with pay.
The duration of such leave shall
be equal to the travel time
multiplied by the appropriate rate
of payment;

(2) it is only travel time which takes

place outside of regular working
hours that can be compensated
for by leave with pay.

(v) compensatory leave with pay not used

by the end of the leave year in which it
is earned may be carried over to the
next leave year and if not liquidated by
the end of that leave year, then
payment in cash will be made.
Payment will be made at the
employee's hourly rate of pay as
calculated from the classification
prescribed in the letter of appointment
as of the end of the leave year.

(e) Compensation under this clause shall not be

paid for travelling time to courses, training
sessions, conferences and seminars unless
the employee is required to attend by the
Corporation.

(f) When an employee is required to perform

work at a workplace other than his or her
 232

normal workplace and his or her status is such

that he or she is not entitled to claim
expenses for lodging and meals, the
Corporation shall provide transportation or
mileage allowance in lieu of travel between
the employee's normal workplace and any
other workplace(s).

(g) Other than when required by the Corporation

to use the vehicle of the Corporation for
transportation to a work location other than his
or her normal place of work, time spent by the
employee reporting to work or returning to his
or her residence shall not constitute time
worked.

32.08 Travelling Time for Group 4

(a) Employees in travel status will be reimbursed

for all reasonable expenses in accordance
with the Corporation's Travel Policy.

(b) When, in the performance of his or her duties,

an employee is required by the Corporation to
travel by authorized means of transport, time
necessarily spent by the employee in such
travel shall be compensated for as time
worked. Such travelling time shall include
time necessarily spent at each stop-over
provided such stop- over is not longer than
three (3) hours.

(c) When an employee is subject to an

unforeseen or unavoidable delay while
travelling between assigned work locations,
and that delay is at such a time and for such
duration that he or she can utilize overnight
 233

accommodation, he or she shall be

compensated for all hours of that delay at his
or her straight-time hourly rate, except that
where good sleeping accommodation is
available at no expense to the employee and
when he or she has eight (8) continuous
hours available to him or her after 22:00 hours
and prior to 08:00 hours to utilize such
accommodation, that eight (8) hours will be
exempt from payment. The straight-time
payment will continue during the period of
such delay until such time as the employee
again commences travelling.

In the above where any hours involved are on

a designated holiday or day of rest, the
straight-time rate will be replaced by the
applicable overtime rate.

(d) An employee shall be permitted to use his or

her private motor vehicle in place of a public
carrier whenever he or she is required by the
Corporation to travel provided there is no
extra cost to the Corporation. The employee
will be allowed the equivalent travel time and
expenses including transportation costs as if
he or she had travelled by public carrier.

ARTICLE 33

HEALTH AND SAFETY

33.01 Policy Statement

The parties recognize an employee's right to

working conditions which show respect for his or her health,
safety and physical well-being.
 234

The Corporation and the Union recognize that

the maintenance and development of the employees'
general well-being constitute a common objective. As a
result, all efforts shall be deployed to prevent and correct
any situation and any conduct liable to compromise the
health and safety of employees or deteriorate the work
environment.

33.02 Corporation's Obligations

(a) The Corporation has the primary responsibility

for ensuring that safe conditions prevail within
the workplace, to take appropriate and
effective measures, both preventive and
corrective, to protect the health and safety of
employees.

(b) Without limiting the generality of the

foregoing, the Corporation shall:

(i) provide and maintain workplaces,

equipment, work methods and tools
that are safe and without risk to health;

(ii) inform its employees and their Union

representative of any situation relating
to their work which may endanger their
health or safety, as soon as it learns of
the said situation;

(iii) inform employees adequately regarding

the risks relating to their work, and
provide appropriate training and
supervision so that the employees have
the skills and knowledge necessary to
safely perform the work assigned to
 235

them;

(iv) provide the equipment, clothing and

devices deemed necessary to prevent
injury, except where the collective
agreement provides for employee
allowances to cover the cost of
personal protective clothing, and
ensure that employees use the said
equipment, clothing and devices on the
job;

(v) ensure that the necessary

investigations, inspections and
analyses are carried out, and co-
operate with any health and safety
committee established in accordance
with this article, when there are
situations liable to endanger the health
or safety of employees;

(vi) take, without delay, all the measures

necessary to prevent or correct a
situation liable to endanger the health
and safety of employees, or liable to
compromise the environment, as soon
as the situation is brought to its
attention.

33.03 Joint Health and Safety Committees

The Corporation and the Union recognize the

need for constructive and meaningful consultations on
health and safety matters. Consequently, joint health and
safety committees shall be established at the local and
national levels in accordance with the provisions of Part II of
the Canada Labour Code, decisions rendered or to be
 236

rendered under these provisions, as well as in accordance

with the following provisions.

(a) National Joint Health and Safety

Committee

A national labour-management organization

known by the name of the National Joint
Health and Safety Committee shall be
established. It shall consist of three (3)
management representatives appointed by
the Corporation and three (3) Union
representatives appointed by the Union.

(b) Local Joint Health and Safety Committees

(i) For each workplace at which more than

one hundred and forty-nine (149)
employees are normally employed, a
Local Joint Health and Safety
Committee shall be established. The
composition of the Committee shall be
the same as that of the National Joint
Health and Safety Committee.

(ii) For each workplace at which more than

nineteen (19) employees, but fewer
than one hundred and fifty (150)
employees are normally employed, a
Local Joint Health and Safety
Committee shall be established. Such
Committee shall consist of two (2)
management representatives
appointed by the Corporation and two
(2) Union representatives appointed by
the Union.
 237

(iii) For each workplace at which fewer than

twenty (20) employees are normally
employed, the Local Joint Health and
Safety Committee is replaced by a
management health and safety
representative appointed by the
Corporation and by a union health and
safety representative from the
workplace and appointed by the Union.
In the event that the Union does not
appoint someone, the health and safety
representative shall be appointed in
accordance with section 136 of the
Canada Labour Code.

(iv) For the purposes of paragraph

33.03(b), all employees of the
Corporation, whether or not they are
represented by the Union, shall be
taken into consideration for the
purposes of determining the number of
employees normally employed at a
workplace.

(c) Functions of the Joint Health and Safety

Committees

(i) hold meetings at regular intervals at

least nine (9) times a year;

(ii) receive and settle employees'

complaints;

(iii) maintain records of the complaints

presented;

(iv) examine the reports concerning the

 238

conditions within the workplace and the

reports on the safety officers'
directives;

(v) co-operate with professional health

services;

(vi) establish and support educational

programs dealing with health and
safety;

(vii) participate in investigations and

inspections relating to health and
safety;

(viii) inspect each month all or part of the

workplace, so that every part of the
workplace is inspected at least once
each year;

(ix) develop and maintain related programs

and protective measures;

(x) ensure that related programs are

followed;

(xi) ensure that accurate records of work

accidents are maintained, etc.;

(xii) co-operate with government safety

officers;

(xiii) study information on the actual or

possible risks associated with
equipment or work methods;

(xiv) study all the Corporation's reports

 239

concerning the health and safety of

employees within the bargaining unit;

(xv) establish a list of suitable candidates to

receive training and become competent
first aid attendants from employees
proposed by both parties;

(xvi) perform any other function that the

National Joint Health and Safety
Committee deems appropriate with a
view to improving the administration of
the health and safety policy in the
workplace.

(d) The functions of the health and safety

representative shall be those set out in Part II
of the Canada Labour Code.

(e) The employees appointed to the National

Joint Health and Safety Committee or to a
Local Joint Health and Safety Committee, as
well as the health and safety representative,
shall perform the duties assigned to them
without loss of salary.

(f) The parties agree that any matter brought to

the attention of a committee, whether it be the
National or Local Joint Health and Safety
Committee, or to the attention of the health
and safety representatives, must be dealt with
honestly and impartially. The members of a
committee, as well as the health and safety
representatives, have individual and collective
responsibilities to search for facts and
solutions to resolve problems.
 240

(g) When a committee or the management and

union health and safety representatives
decide that they cannot resolve a problem,
they may agree to resort to the services of an
impartial outside person, whose qualifications
as a safety expert are recognized, and who
will be invited to join the committee or assist
the health and safety representatives to
discuss the problem and propose solutions.

(h) For the duration of this collective agreement,

the proceedings of a Local Joint Health and
Safety Committee, as well as the work of the
health and safety representatives shall be
deemed to be consultation between Union
local(s) and local management within the

meaning of Article 8 which shall then fully

apply.

(i) In the event a Local Joint Health and Safety

Committee or management and union health
and safety representatives are unable to
resolve a problem, the matter shall be sent to
regional consultation prior to being sent to the
National Joint Health and Safety Committee.
During these regional consultations, the
parties may agree to establish other local
committees, as appropriate.

33.04 Rights and Obligations of the Union

(a) Without limiting the generality of clause 33.01

or its role in labour- management meetings,
the Union, in co- operation with the
Corporation, shall encourage employees to
 241

work in a safe manner, and shall promote

healthy and safe working conditions.

(b) When a Union representative notes that the

quality of the environment is deteriorating, he
or she is obliged to inform the Corporation
without delay in writing or orally if he or she
believes the situation is urgent.

Accordingly, the Corporation shall:

(i) carry out the necessary inspections,

analyses and investigations in the
presence of a Union representative,
and provide him or her with a copy of
the report arising from these
inspections, analyses and
investigations;

(ii) place the matter on the agenda of the

next meeting of the Joint Health and
Safety Committee.

(c) Any investigation report arising from the

examination of a problem will be sent to the
local of the Union.

(d) If the Union or a local of the Union is not

satisfied with the results of the investigation
report, it may request that the Joint Health and
Safety Committee conduct another
investigation.

(e) The Union representative must be present at

all investigations or inspections.
 242

33.05 Rights and Obligations of Employees

(a) Employees are responsible for taking the

necessary measures to ensure their health,
safety and physical well-being. They must
also ensure that they do not endanger the
health, safety or physical well-being of other
persons in or near the workplace.

(b) Employees must observe the rules and

reasonable practices established in
connection with health and safety matters as
means of protecting themselves and others.

(c) An employee must use or wear the

equipment, devices or protective clothing
which is placed at his or her disposal by the
Corporation or for which he or she has been
paid compensation.

(d) During the hours of darkness, all employees

who are required to work outdoors shall wear
a reflective safety vest as provided by the
Corporation.

(e) An employee must inform his or her

supervisor if a protective device or apparatus
is missing or defective when such a situation
might endanger himself or another employee.

33.06 Information and Investigations Concerning

Work Accidents

(a) The Corporation shall conduct such

investigations as may be necessary to
determine the circumstances surrounding
work accidents and health hazards arising in
 243

the workplace. Such investigations shall be

conducted in the presence of a Union
representative.

Reports of these investigations, including

police reports if made and are available, shall
be submitted to the Local Joint Health and
Safety Committee as well as to the local of the
Union. The Local Joint Health and Safety
Committee and the local of the Union may
request further information from the person
who conducted the investigation.

(b) The Corporation shall provide the employees

concerned and the Local Joint Health and
Safety Committee with a copy of the work
accident report.

(c) The Corporation shall provide the local of the

Union with a copy of the Provincial Workers'
Compensation Board Corporation's Report of
Accident.

33.07 Free Transportation in the Event of Serious

Illness or Injury

The Corporation agrees to provide, at no

expense to the employee, appropriate transportation to the
nearest physician or hospital and, from there, to his or her
home or place of work depending on the decision of the
attending physician, when such services are immediately
required for an employee as a result of:

(a) injury on the job, or

(b) a heart attack or other serious ailment which

 244

occurs on the job, and to notify the

appropriate local of the Union of incidents of
this nature.

33.08 First Aid Training

(a) The Corporation will encourage employees to

take first aid courses and for this purpose will
assume the costs of these courses and, also
the costs of refresher courses required to
maintain the validity of a certificate.
Employees selected for first aid training shall
be granted time off for the duration of the
courses without any loss of salary.

(b) Designated employees who possess a St.

John Ambulance standard first aid certificate
or any other equivalent first aid certificate
recognized by the Canada Occupational
Safety and Health Regulations, pursuant to
the Canada Labour Code, shall have access
to the first aid room and the first aid kits at all
times.

(c) From the lists prepared pursuant to sub-

paragraph 33.03(c)(xv), the Corporation will
select the suitable candidates to receive
training and become competent first aid
attendants, and take care to maintain balance
between the candidates proposed by
management and by the Union.

33.09 First Aid

(a) The Corporation shall take the necessary

measures to ensure that a sufficient number
of first aid attendants are available and that
 245

employees can obtain the assistance of a first

aid attendant easily and rapidly.

(b) The Corporation shall provide first aid kits in

all postal installations and vehicles, keep the
said kits in good condition and make them
accessible and available to employees at all
times.

(c) A list of all the first aid attendants and the

locations in which they may be found shall be
posted in all postal installations.

(d) For the purposes of this article, the expression

“first aid attendant” indicates a physician,
nurse or employee holding a valid industrial
first aid certificate issued by a recognized
organization.

33.10 Medical Examinations

(a) Where the Corporation requires an employee

to undergo a medical examination by a
designated qualified practitioner, chosen by
the employee, the examination will be
conducted at no expense to the employee.
Insofar as possible, an appointment for an
examination will be scheduled during the
working hours of the employee, but where an
appointment for an examination is scheduled
during an employee's non-working hours, he
or she shall be excused from duty for a period
of three (3) hours on either the shift
immediately prior to or the shift immediately
following the examination, at the option of the
employee concerned.
 246

(b) An employee will suffer no loss in regular pay

to attend the examination and the Corporation
shall assume the cost of any travel expenses
in accordance with existing travel regulations.

(c) Notwithstanding paragraph 33.10(a), should it

be advisable in the opinion of the Corporation
that a further medical examination be
necessary, the Corporation may require such
an examination by a qualified practitioner
selected by the Corporation and at the
expense of the Corporation.

33.11 Motorized Equipment

(a) Only qualified employees designated by the

Corporation will be permitted to operate
mobile motorized equipment. A period of five
(5) minutes shall be allowed at the beginning
of the shift to the employee operating mobile
motorized equipment in order to make sure
that it is in good working condition.

(b) The Corporation shall transmit to the

appropriate local of the Union the list of all
qualified employees so designated and notify
the local of any change thereof.

(c) It is agreed that the training to be provided to

employees required to operate mobile
motorized equipment shall continue to be
given exclusively by members of the
bargaining unit who are qualified mobile
motorized equipment instructors.
 247

33.12 Restriction on Lifting

(a) No individual employee will be required to lift

by hand, any object in excess of twenty-two
point seven (22.7) kilograms [fifty (50)
pounds].

(b) No letter carrier or mail service courier

delivering on foot will be required to carry more
than fifteen point nine (15.9) kilograms [thirty-
five (35) pounds].

(c) Under no circumstances will a letter carrier on

public transportation or under clause 32.06 –
Private Vehicle be allowed to transport relay
bags of mail out to his or her route in the a.m.
or p.m.

33.13 Right of Refusal

(a) An employee has the right to refuse to do

particular work if he or she has reasonable
grounds to believe that the performance of
this work will endanger his or her health,
safety or physical well-being, or may similarly
endanger another employee.

(b) The employee may not however exercise the

right granted him or her under paragraph
33.13(a) if the refusal to perform this work
places the life, health, safety or physical well-
being of another person in immediate danger
or if the danger that could justify the refusal is
inherent in the kind of profession, trade or
occupation exercised by the employee.

(c) When an employee refuses to do particular

 248

work in accordance with paragraph 33.13(a):

(i) he or she shall inform his or her

supervisor and Union representative
without delay;

(ii) he or she shall suffer no loss of salary

during the period for which he or she
withdraws his or her services;

(iii) he or she is entitled to be present while

the investigation provided for
hereinafter is conducted;

(iv) until the situation is remedied, no other

employee may be assigned to use or
operate the machine, apparatus,
material or object, or be assigned to the
part of the work which is the subject of
the investigation, unless it is this
person's duty to establish safe
conditions;

(v) until the situation giving rise to the

refusal to work is corrected, the
Corporation may assign temporarily the
employee to another job providing that
it is similar to his or her own, that the
employee does not suffer any loss of
salary and that such an assignment
does not violate the provisions of the
collective agreement.

(d) As soon as the Corporation is informed by the

employee, it shall ensure that the necessary
investigations, inspections and analyses of the
situation giving rise to the refusal to work are
 249

conducted; they shall be conducted in the

presence of a Union representative and the
employee concerned. Should the employee
concerned or the Union representative choose
not to be present, the investigation may
nevertheless proceed.

(e) When the employee seeks, for frivolous

reasons, to dishonestly take advantage of this
clause, the Corporation will consider the said
employee liable to disciplinary measures.

33.14 Observance of Environment Standards

The environment standards as determined by

the National Joint Health and Safety Committee and those
issued under the Canada Labour Code shall be observed at
all times.

33.15 Measuring the Quality of the Environment

(a) The Joint Health and Safety Committee will

ensure that the instruments necessary for
measuring the temperature, humidity, noise,
carbon monoxide, lighting and dust levels are
available at each divisional office and in major
postal facilities; in other postal facilities, the
necessary instruments shall be available upon
request where there are serious reasons to
believe that the environment standards are
not being complied with.

(b) Analyses of the quality of the environment

shall be done at the request of Union
representatives when they have good reason
to believe that the environment standards are
not being maintained.
 250

(c) All the results of the analyses of the quality of

the environment will be placed at the disposal
of the local Union representative. The
Corporation agrees to hold information
sessions for local Union representatives to
explain and familiarize them with the
methodology underlying environment
measuring techniques.

(d) The Corporation shall permit and facilitate the

analyses of the environment by the Joint
Health and Safety Committee.

(e) When deviations from the standards occur or

when any problem is identified, the
Corporation shall take the necessary
measures to correct the situation.

33.16 Administration of the Legislation

Any right or benefit not stipulated in this article

and conferred on the employees or the Union by any
legislation or regulations applicable to the parties in
connection with health, safety or the environment in the
workplace is an integral part of this collective agreement.

33.17 Wages Maintained

(a) A Union representative acting pursuant to this

article during his or her hours of work shall not
suffer any loss of salary.

(b) If the activities conducted in paragraph

33.17(a) are conducted outside the
employee's scheduled hours of work the
employee's schedule will be changed to the
 251

shift during which the activities take place,

and the provisions concerning schedule and
shift changes will not apply.

33.18 Night Workers' Leave

(a) A regular employee who has completed more

than three (3) years of continuous
employment shall earn entitlement to paid
recovery leave at the rate of two-thirds (2/3) of
a day, for each four (4) week period in which
he or she works on the night shift on twelve
(12) occasions. The four (4) week periods
shall commence on January 19, 2003.
Recovery leave shall be taken in units of not
less than one (1) full day.

(b) The recovery leave shall be included in the

schedules of work established pursuant to and
in accordance with Article 14.

(c) Recovery leave is granted in addition to

weekly days of rest and other leaves of
absence provided for in this agreement.

(d) No employee shall be required or authorized

to work during his or her recovery leave.

(e) An employee in Group 2 will be entitled to

night worker's leave as provided above if, in
addition to the above conditions, the majority
of his or her regularly scheduled hours of work
are between the hours of 23:00 and 07:00.

33.19 Rest Periods on Coding or Keying Duties

In addition to the rest periods provided for in

 252

clauses 14.05, 14.06, 15.02, 17.03 and 18.09, the

employees assigned to coding or keying duties for which
the standard is twelve hundred (1200) pieces or more per
hour shall be given a five (5) minute rest period during
every hour worked in these duties if they are not entitled to
another rest period or a meal period during this hour. This
rest period shall be taken during working hours and shall
therefore be paid at the applicable rate.

33.20 Pregnant Employees

(a) An employee who is pregnant may request to

cease to perform her job if she believes that,
by reason of the pregnancy, continuing any of
her current job functions may pose a risk to
her health or to that of the fetus.

(b) An employee who exercises her right under

paragraph 33.20(a) must consult with a
qualified medical practitioner and obtain a
medical certificate as soon as possible to
establish:

(i) whether continuing any of her current

functions poses a risk to her health or
to that of the fetus;

(ii) the expected duration of the potential

risk; and

(iii) the activities or conditions to avoid in

order to eliminate the risk.

(c) While awaiting the required medical certificate

identified in paragraph 33.20(b) or afterward,
the Corporation may, in consultation with the
employee, reassign her to other duties that
 253

would not pose a risk to her health or to that of

the fetus.

(d) An employee who has made a request under

paragraph 33.20(a) is entitled to and shall be
granted a leave of absence with pay until the
Corporation:

(i) modifies her job functions or reassigns

her; or

(ii) informs her in writing that it is not

reasonably practicable to modify her
job functions or reassign her.

33.21 Noise Level

The Corporation undertakes to make every

reasonable effort to reduce the noise level in its
mechanized facilities to 85 dBA or less.

During the term of this collective agreement,

the Corporation will take inventory of the noise levels in all
its mechanized facilities, noting the specific characteristics
of noise sources in each of those facilities. From its
measurements, the Corporation will proceed with and
complete introduction of all measures required in each case
to reduce the noise level to the above standard, after
submitting each project made necessary as a result of this
inventory to review by the Local Joint Health and Safety
Committee involved and to the National Joint Health and
Safety Committee for constructive and meaningful
consultation.

In addition, the Corporation will incorporate in

its maintenance program all the methods derived from its
experience in the above-described process for each and
 254

every one of its mechanized plants, including those learned

from the Vibron study, where applicable.

Lastly, whenever a mechanized facility is

being built, noise reduction features will be included in the
plans and specifications.

33.22 Dog Problem

The Corporation shall take immediate action

or measures to solve any dog related problem encountered
by a delivering employee in the bargaining unit and
reported in writing to the supervisor. A report regarding the
action taken to resolve the problem will be provided to the
employee and the local Union representative.

33.23 Vehicles

(a) Every employee assigned a vehicle other than

a tractor trailer, shall be allowed five (5)
minutes at the beginning of each shift to
complete a prescribed vehicle safety
inspection.

(b) Employees assigned to tractor trailers shall be

allowed a reasonable time to perform the
national prescribed safety check at the
beginning of each shift.

Defects noted during the safety inspection

shall be reported immediately by the
employee to his or her supervisor. Defects
occurring during the shift shall be reported at
the conclusion of the shift, except where such
defects render the vehicle inoperable or
unsafe, in which case the defect will be
reported immediately.
 255

(c) A motor vehicle will be deemed to be unsafe

when any mechanical defect exists which, in
the judgment of a qualified mechanic
designated by the Corporation, could
contribute to an accident. In such
circumstances, and in consultation with the
responsible supervisor, the vehicle will be
visibly tagged and taken off the road and will
not be put back on the road without written
certification being placed in the vehicle stating
the repairs that have been completed.

(d) A motor vehicle operator shall not be required

to operate a mechanically unsafe vehicle or a
vehicle loaded in a hazardous manner. The
operator will have the right to refuse to drive
or handle any unsafe vehicle or equipment.

(e) Where a motor vehicle operator alleges that a

safety hazard exists relating to his or her load,
he or she shall immediately report it to his or
her immediate supervisor. If the operator and
the supervisor are unable to resolve the
question of the alleged hazard, a shop
steward and, where necessary, any other
persons who may be able to assist in
resolving the issue will be consulted.

(f) Prior to the general purchase of new designed

vehicles for the collection and delivery of mail
or the installation of new equipment in such
vehicles, the Corporation shall hold
meaningful consultation at the national level
between the parties.

(g) For the purpose of this clause a motor vehicle

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means any automobile, bus, van, truck, shunt

tractor, semi-trailer or combination of a truck-
tractor and trailer owned or leased by the
Corporation or any vehicle manufactured for
highway use which is self-propelled by internal
combustion engine or electric motor.

33.24 Mail Service Courier and Letter Carrier

Motor Vehicle Operators

(a) Proper equipment will be provided to motor

vehicle operators for the conveyance of bulky
items weighing in excess of fifteen point nine
(15.9) kilograms [thirty-five (35) pounds].

(b) Such equipment will be provided in vehicles

serving core business areas, areas where lack
of parking necessitates carrying items a
considerable distance, and areas having a
volume of heavier items.

(c) For other areas, pools of such equipment

shall be made available in sufficient quantity
to meet the needs of the motor vehicle
operators.

(d) In instances where the equipment described

hereinabove is not provided and motor vehicle
operators have heavy, or difficult to handle
items to be delivered, or when the volume of
heavy or difficult to handle items warrants,
they will be delivered in a vehicle by two (2)
employees from the bargaining unit. A clean-
up truck may be used for those purposes.
 257

33.25 Studies

(a) The Union's proposals for studies in the field

of occupational health and safety shall be
submitted to the National Joint Health and
Safety Committee.

(b) Such proposals shall describe the parameters

of the proposed study, that is, its scope,
objective, terms of reference, resources,
procedure, time frame, selection of study site
and study team.

(c) The National Joint Health and Safety

Committee cannot refuse a proposal unless
such proposal is unreasonable. In case of
disagreement in this matter, the proposal shall
be submitted for approval to an expert in the
field selected by the parties.

(d) It is understood the Union will bear the costs

of studies conducted under this clause.

33.26 Stools

In each of the Corporation's facilities, a

complement of stools shall be constituted such that there
shall be a stool for each case used for sorting short/long
lettermail. During the peak holiday period, however, when
additional cases are required, this stock of stools shall not
be augmented.

33.27 Dangerous Goods

(a) No employee shall be required to clean up

dangerous goods as defined by the
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Transportation of Dangerous Goods Act and

non-mailable matter.

(b) The provisions of paragraph 33.27(a) do not

apply to maintenance employees who use
these products in the normal course of their
work.

33.28 Warning and Communication Systems for

Deaf or Hard of Hearing Employees

The Corporation shall, upon the signing of this

collective agreement, establish an advanced system to
ensure that its deaf or hard of hearing employees can
evacuate its facilities in case of danger, including special
systems required in those circumstances, particularly for
those who may work in isolation in closed areas. The
Corporation shall also ask the National Health and Safety
Committee to develop a proposal to make available to deaf
or hard of hearing employees systems, adapted to their
needs, for receiving from the outside and forwarding
communications to the outside.

33.29 Power Units

Electronics personnel are not required to be

responsible for the care and operation of back-up power
generating units.

33.30 Protective Footwear

(a) Employees working in the following areas

must wear protective footwear:

(i) dock areas where mobile motorized

equipment is in operation and
monotainer breakdown areas where
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employees are required to work and

monotainers are not staged but are
moved in and out with mobile
motorized equipment where no
dedicated forklift lanes are demarcated;

(ii) maintenance work shops and battery

rooms;

(iii) equipment and tool stores where heavy

items are stored.

(b) Employees carrying out the following tasks

must wear protective footwear:

(i) operations of motorized mobile

equipment;

(ii) all maintenance (including repair or

transportation of street furniture, e.g.,
mail receptacles, relay boxes);

(iii) handling and dumping of bags at

glacis;

(iv) the performance of mail service courier

tasks.

(c) The National Joint Health and Safety

Committee may recommend other areas and
tasks that could require the wearing of
protective footwear.

33.31 Workplace Violence Prevention and

Protection

(a) The Corporation is committed to its policy of

 260

ensuring that all employees have a workplace

free from violence. The Corporation will not
tolerate any form of violence in the workplace.

(b) The Corporation shall take action to

investigate and resolve all reported incidents
of workplace violence. Reported incidents of
workplace violence that are related to a
prohibited ground of discrimination, as set out
under Article 56, shall be investigated in
accordance with that article.

ARTICLE 34

UNIFORMS AND PROTECTIVE CLOTHING

34.01 Entitlement

(a) (i) The Corporation shall provide

employees with uniforms and
protective clothing in accordance with
the tables reproduced below and in
accordance with the conditions as set
out in this article.

(ii) Notwithstanding sub-paragraph

34.01(a)(i), an employee who has
officially notified the Corporation that
he or she will be retiring or resigning,
will no longer be able to order uniform
garments through the points system,
ninety (90) calendar days prior to his or
her identified retirement or resignation
date. However, if, within the ninety (90)
day period, a garment is required to
replace a damaged garment already in
the employee’s possession, a
 261

replacement garment will be provided

on exchange.

(b) A credit, in the form of points, is allocated to

each eligible employee in the month of
October of each year in accordance with the
tables. These points are added to those
already credited to an employee when the
collective agreement comes into effect.

(c) Employees will be allowed to carry-over

points, to a maximum carry-over of three (3)
times the employees’ yearly points allocation.
Points in excess of the maximum carry-over
will be forfeited.

(d) An employee in a position specified in any of

the tables may obtain, as per the order cycle
defined in clause 34.07, an article of clothing
or uniform of his or her choice described in the
table applicable to the employee’s position if
he or she has accumulated the required
number of points necessary for such article of
clothing.

(e) An employee who ceases to occupy a position

that is entitled to a uniform as set out in the
tables shall cease to accumulate points.

However, for a two-year (2) period, the

employee shall keep accumulated points that
may be used if he or she again holds a
position that is entitled to a uniform. After the
two-year (2) period, the accumulated points
will be forfeited.

(f) New employees who are entitled to receive

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uniforms will receive their points entitlement in

accordance with clause 34.04.

(g) An employee who, for the period stipulated in

paragraph 34.01(b), has already received
points and who moves from one position
entitled to a uniform to another position
entitled to a different uniform will only receive
uniform points for those clothing items not
common to both uniforms.

(h) The parties at the national level shall agree on

a method for informing employees that the
points they have accumulated are close to the
maximum number of points they may carry-
over to the next year.
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TABLE 1

CLOTHING ENTITLEMENT
MAIL HANDLERS ON INSIDE DUTIES ONLY

Garment Point Value Time Frame 34.08 Conditions

Aprons 0 pool basis
Work shirts 25 4 per 18 months Employee’s choice of
Golf shirts long or short sleeve work
shirt or golf shirt or
combination of
garments. Male or
Work pants 40 2 per 18 months female.
Male or female.

Number of points allocated each year to employees: 117

Number of points allocated to new employees:
1st year: 180
2nd year: 59
Each subsequent year: 117
Maximum number of points that may be carried-over to the next year: 351

TABLE 2

CLOTHING ENTITLEMENT
PARCEL SUPPORT PO-4s (P/T AND F/T)1 AND MAIL
HANDLERS ON PART-TIME OUTSIDE DUTIES
1 Whose assignments require them to perform outdoor work as part of
their regular duties.

Garment Point Value Time Frame 34.08 Conditions

Aprons 0 pool basis

Work shirts 25 4 per 18 months Employee’s choice of long
Golf shirts or short sleeve work shirt or
golf shirt or combination of
garments. Male or female.
Work pants 40 2 per 18 months Male or female.
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CLOTHING ENTITLEMENT
PARCEL SUPPORT PO-4s (P/T AND F/T)1 AND MAIL
HANDLERS ON PART-TIME OUTSIDE DUTIES (cont’d)

1 Whose assignments require them to perform outdoor work as part of

their regular duties.

Garment Point Time Frame Conditions

Value 34.08
Insulated 70 on exchange (3 See Note 2.
jacket years)
Parka 180 on exchange (3 See Note 2.
years)
Footwear 30 on exchange (3 See Note 1.
(rubber) years)
Rain cape See Note 9.

Number of points allocated each year to employees: 210

Number of points allocated to new employees:
1st year: 397
2nd year: 117
Each subsequent year: 210
Maximum number of points that may be carried-over to the next year: 630

TABLE 3

CLOTHING ENTITLEMENT
MAIL HANDLERS AND POSTAL CLERKS AND
DESPATCHERS WORKING IN DOCK AREAS

Type 1: Despatchers and Mail Handlers working on inside docks

where trucks are able to drive inside the facility. Postal
clerks in various plants assigned to these duties will qualify
for these entitlements.

Type 2: Despatchers and Mail Handlers working on inside docks

where trucks are not able to drive inside the facility. The
trucks remain outside and the wind flaps are the only
protection from the elements. Postal clerks in various
plants1 assigned to these duties will qualify for these
entitlements. Also Despatchers whose duties require
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them to perform outdoor Parcel Support work as part of

their regular duties.

1Memorandum of Agreement : Appendix “C”

TYPE 1

Garment Point Time Frame 34.08 Conditions

Value
Aprons 0 pool basis
Work shirts 25 4 per 18 months Employee’s choice of long or
Golf shirts short sleeve work shirt or golf
shirt or combination of
garments. Male or female.
Work pants 40 2 per 18 months Male or female.
Quilted 45 3 years See Note 4.
jacket
Parka 0 pool basis or See Note 6.
exchange (5
years)

Number of points allocated each year to employees: 132

Number of points allocated to new employees:
1st year: 225
2nd year: 59
Each subsequent year: 132
Maximum number of points that may be carried-over to the next year: 396

TYPE 2

Garment Point Value Time Frame 34.08 Conditions

Aprons 0 pool basis

Work shirts 25 4 per 18 months Employee’s choice of long or
Golf shirts short sleeve work shirt or golf
shirt or combination of
garments. Male or female.
Work pants 40 2 per 18 months Male or female.
Quilted jacket 45 3 years See Note 4.
Insulated 70 3 years See Note 4.
jacket
 266

Parka 0 Pool basis or See Note 6.

exchange (5 years)
Footwear See Note 10.
(rubber)

Number of points allocated each year to employees: 155

Number of points allocated to new employees:
1st year: 295
2nd year: 59
Each subsequent year: 155
Maximum number of points that may be carried-over to the next year: 465

TABLE 4
CLOTHING ENTITLEMENT
LETTER CARRIERS AND MAIL SERVICE COURIERS

Garment Point Time Frame 34.08 Conditions

Value
Pants/ 40 (5 initial for 2-year Employee’s choice of long
walking shorts period) pants or walking shorts or
3 per year combination of both. Male or
female.
Baseball caps 8 1 per year
Tie 8 1 per year Issued at employee’s request.
Borg hat 15 on exchange (3 years)
Wide brim hat 36 1 every 3 years
Parka and hood 180 1 every 3 years
Outer shell 325 on exchange (5 years) Long or short. Made of
breathable, waterproof fabric.
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CLOTHING ENTITLEMENT
LETTER CARRIERS AND MAIL SERVICE COURIERS (cont’d)

Garment Point Time Frame 34.08 Conditions

Value
Liner jacket or 95 1 every 3 years Liner jacket with long outer
sleeveless vest shell. Sleeveless vest with
short outer shell.
Rain cape 75 on exchange (3 years)
Scarf/ 9 1 every 3 years
neckwarmer/
dickie
Weather pants 150 on exchange (5 years) Made of breathable, waterproof
fabric.
Oxford/golf shirts 25 (6 initial for 2-year Employee’s choice of long or
period) short sleeve oxford or golf shirt
3 per year or combination of garments.
Male or female.
Balaclava/ toque/ 15 1 every 3 years
headband
Cardigan 45 1 every 3 years A cardigan may be used as an
outer garment.
Belt/ 18 on exchange (3 years) Suspenders are optional to belt
suspenders issue at employee’s request.
Footwear 30 on exchange (3 years) See Note 5.
(rubber)
Aprons 0 on exchange Available for use to vehicle
drivers on request and pool
basis for assistants to letter
carrier supervisors.

Number of points allocated each year to employees: 479

Number of points allocated to new employees:
1st year: 1,359
2nd year: 16
Each subsequent year: 479
Maximum number of points that may be carried-over to the next year: 1,437
 268

TABLE 5

CLOTHING ENTITLEMENT WICKET/COUNTER CLERKS AND

RETAIL LEAD HANDS

Point Time Frame 34.08

Garment Value Conditions

Ties/ 8 2 per year

crossover
Shirts 25 (6 initial for 2- Employee’s choice of long or
year period) short sleeve shirt. Male or
3 per year female.
Cardigan/ 45 2 every Employee’s choice of cardigan
vest 3 years or vest or combination of
garments. Male or female.

Pants/skirts 40 (2 initial year) Women have choice of long

1 per year pants or skirts or combination
of garments. Male or female
style of pants.

Belt/ 18 on exchange Suspenders are optional to belt

suspenders (3 years) issue at employee’s request.

Parka 0 on exchange See Note 11.

(5 years)

Number of points allocated each year to employees: 167

Number of points allocated to new employees:
1st year: 354
2nd year: 56
Each subsequent year: 167
Maximum number of points that may be carried-over to the next year: 501
 269

TABLE 6

CLOTHING ENTITLEMENT EMPLOYEES IN GROUPS 3

AND 4

Garment Point Time Frame 34.08 Conditions

Value

Aprons 0 pool basis

Work shirts 25 4 per 18 months Male or female.
Work pants 40 2 per 18 months Male or female.
Parka 0 pool basis Employees on outside duties.
or exchange (5 See Note 6. Individual issue for
years) employees who are exposed
to the elements of constantly
open doors.
Footwear (rubber) 0 See Note 1.
Coveralls 45 2 on exchange For employees working on
(3 years) non-national equipment only.
Initial issue to be at
employee’s request.
Rubber apron 0 pool basis Issue to employees who
charge batteries or clean
equipment.
Rubber gloves 0 on exchange Issue to employees who
(elbow length) (3 years) charge batteries or clean
equipment.
Rain suit (with rain 0 pool basis Employees on outside duties.
hood)
Quilted jacket 0 pool basis or See Note 6.
(with/without exchange
sleeves) (5 years)
Cloth cap (welder’s 8 on exchange Welders and machinists only.
skull cap) (3 years)
Belt / suspenders 18 on exchange Suspenders are optional to
(3 years) belt issue at employee’s
request.

Number of points allocated each year to employees: 141

Number of points allocated to new employees:
1st year: 251
2nd year: 59
Each subsequent year: 141
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Maximum number of points that may be carried-over to the next year: 423

Note 1: The Corporation will provide rubber footwear

to mail despatchers, mail handlers, part-time
mailhandlers and employees in Groups 3 and
4 who work regularly on outside duties in wet
weather conditions.

Note 2: Mail handlers and part-time mail handlers who

are required to work on outside duties in
winter weather for more than two (2) hours on
a regular daily basis shall be entitled to
individual issues of these items. This two (2)
hour criteria does not apply to Parcel Support
P0-4s.

Note 3: Pregnant employees who are entitled to

maternity wear will have the following options:

1) Pregnant employees who are entitled to

maternity wear will be allowed to order
maternity wear garments from the Canada
Post catalogue to a maximum value of
one hundred and thirty dollars ($130), or

2) Pregnant employees who are entitled to

receive uniforms shall be reimbursed to a
maximum of one hundred and thirty
dollars ($130) for the purchase of
maternity wear in approved colours, upon
receipt of the bill of sale.

Note 4: Postal clerks who are not assigned to these

specific duties but whose physical work centre
is in proximity of the dock shall be entitled to
individual issues of these garments.

Note 5: The need for and type of anti-slip devices for

 271

employees in Group 2 are to be determined

through local consultation and purchases are
to be made from local funds.

Note 6: Following consultation at the local level, the

Corporation may provide individual or pool
issues of this item, as needed.

Note 7: The parties agree that any employee who, for

medical reasons, cannot wear any of the
above issues that have been supplied to him
or her, will be provided, upon receipt of a
medical certificate, suitable replacement
garments by the Corporation. The
Corporation reserves the right to have the
employee undergo a specialist's examination
of the medical problem.

Note 8: At any time during the life of this collective

agreement the parties may agree to
amendments to Article 34.

Any agreements reached between the parties

to amend Article 34 shall receive written
approval of the authorized national
representatives of the parties.

Note 9: Only applicable to Parcel Support P0-4s and

exchanged on an as needed basis.

Note 10: Only applicable to Despatchers performing

outdoor Parcel Support work as part of their
regular duties, if they are not already receiving
such entitlement.

Note 11: The Corporation shall provide an individual

parka for the Retail Lead Hand if the
 272

Corporation deems it is necessary in

accordance with climatic conditions and/or
location characteristics following consultation
at the local level. The normal procedures for
ordering uniforms will apply.

The parka can only be replaced upon

exchange and/or approval from the Retail
Lead Hand’s supervisor.

The intent for issuing a parka is for the Retail

Lead Hand whose regular duties involve
extended exposure to outdoor weather
elements. Therefore, some requests may be
denied where it is determined a parka is not
needed due to applicable climatic conditions
and/or location characteristics.

34.02 Standards

(a) The parties agree that the regular Uniforms

Committee will continue to function and
discuss such matters as:

(i) the quality and style of articles of

clothing;

(ii) procurement lead time required for issue

of new articles of clothing;

(iii) the arranging of field tests of new articles

of clothing to determine style, quality and
specifications;

and

(iv) other aspects of articles of clothing that

 273

do not directly affect the rate of

entitlement as outlined in clause 34.01.

(b) If the Uniforms Committee determines that an

item in the clothing entitlement or the material
of which an item is made should be changed,
substitutes for the item or the material shall be
subject to a field test. The Uniforms
Committee shall assist in implementing the
field test according to the Corporation's
technical specifications. After the field test
has been conducted, there shall be
consultation between the parties on the
results of the test.

34.03 Using Up Inventory

Where an issue of clothing or uniforms is

being substituted by another item, old stocks will be used
up before new items are issued. An employee will become
entitled to the new issue on his or her next entitlement date.
Where it has been determined the items of old issue are
unsuitable from a health and/or safety viewpoint for a
particular area, new items will be issued.

34.04 New Employees’ Issue

(a) New employees who are entitled to receive

uniforms will be provided with appropriate
uniform entitlements as soon as possible after
commencement of employment but not later
than thirty-five (35) days after commencement
of employment. Future issues will be made in
accordance with clause 34.07. Pending
receipt of their uniforms, letter carriers will be
issued arm bands for identification purposes.
 274

(b) When it is evident that the supply deadline

cannot be met and sufficient clothing is not
available, the Corporation will be responsible
for purchasing sufficient equivalent clothing for
the new employee to use for the temporary
period until his or her proper issue is supplied.

34.05 Boots and Gloves

(a) Letter carriers (including relief letter carriers),

mailmobile operators, motorized mail couriers
including motorized mail couriers (relief),
assistants to the letter carrier supervisors, and
night routers, mail service couriers (including
mail service couriers (relief) and mail service
couriers (heavy vehicles)), mail handlers and
mail despatchers shall receive boot and glove
allowances in accordance with the following:

Full-time Employees

(i) Boot Allowance

Two hundred and forty dollars ($240) per

year in two (2) equal semi-annual
installments, payable October 1 and
April 15 of each year. For periods of less
than six (6) months the allowance is paid
for each month in which the employee is
entitled to receive pay for ten (10) or
more days.

(ii) Glove Allowance

Twenty dollars ($20) payable on October

1 of each year.
 275

(b) Part-time Employees

Part-time letter carriers, mailmobile operators,

motorized mail couriers including motorized
mail couriers (relief), assistants to the letter
carrier supervisors, and night routers, mail
service couriers (including mail service
couriers (relief)) and mail handlers shall
receive a payment of thirteen cents (13¢) per
hour paid as an allowance in each applicable
pay period. The thirteen cents (13¢) per hour
boot and glove allowance will continue to be
paid when a part-time employee is assigned
on an acting basis to a relief position, either in
the PO LC-1 classification or the PO MSC-1
classification.

(c) Regular employees who, pursuant to clause

33.30, are obliged to wear protective footwear
and employees in Group 3 will be entitled to
the boot allowance as per paragraphs
34.05(a) and (b) above. In the case of part-
time employees, the in lieu payment provided
for in paragraph 34.05(b) will be of twelve
cents (12¢) per hour and will be paid as an
allowance in each applicable pay period.

(d) It is understood, the payment of the boot

allowance provided under this clause fulfills
the Corporation’s obligations as per Article 33
to provide protective safety footwear to these
employees.

34.06 Temporary Equipment Loan

If used articles of uniforms and protective

 276

clothing are available, they may be issued on loan to new

employees who are entitled to receive uniforms, until they
receive their regular clothing entitlement.

34.07 Uniforms and Protective Clothing Orders

The uniform entitlements and protective

clothing can be ordered at any time during the year. The
supplier must normally send the uniform entitlements and
protective clothing thirty (30) working days after the supplier
receives the order. The word “normally” in this clause
means that the deadlines will be met except for reasons
beyond the control of the Corporation.

34.08 Early Replacement

Replacements will only be issued for

garments from the current issue, which have been used a
lesser period of time than indicated in the entitlement
schedules, provided it is evident to the employee's
immediate supervisor that defective material or
workmanship, or accelerated wear which occurred through
no fault of the employee, has rendered the garment
unsatisfactory for the expected duration period. In certain
cases, the Corporation may have the garment repaired in
lieu of replacement. The replacement garment will be
issued on loan, pending the issue of the next regularly
scheduled entitlement.

34.09 Corporation’s Property

All items of clothing issued to employees

remain the property of the Corporation throughout the
designated duration period of the garment. On leaving the
service or when no longer entitled to the clothing issue, an
employee must return all articles of clothing on which the
duration period has not expired, except in the event of
 277

death.

34.10 Uniform Standards

An employee who receives any item of

uniform and/or protective clothing on an individual basis
shall:

(a) maintain it in a clean, pressed and repaired

condition;

(b) wear his or her uniform and/or protective

clothing only while he or she is on duty or
travelling between his or her residence and
place of duty or when he or she has received
permission to wear his or her uniform in a
parade;

(c) not substitute any articles of clothing in lieu of

the articles issued by the Corporation.

34.11 Exchange Items

All items of clothing for which replacement on

exchange is specified, do not have a definite duration
period. Replacements will be issued when the garment
becomes unserviceable through normal duty wear.

Where such items are lost or stolen and the

Corporation has not supplied lockers or afforded facilities to
protect the employee's clothing while on the Corporation's
premises, the Corporation will replace the items at no cost
to the employee.

Where an article is lost or stolen and the

employee has not properly utilized the facilities (including
lockers) provided by the Corporation, or has not given an
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explanation acceptable to management for the loss

(including theft) of the item, he or she will be held
responsible and will pay for the articles on a pro rata of cost
basis.

The employee is solely responsible for such

items when away from the Corporation's premises.

34.12 Intermittent Outside Duties

Where employees do not qualify for individual

issues in accordance with the entitlement schedule in
clause 34.01, they shall be equipped with quilted jackets,
insulated jackets and/or parkas, as applicable, which will be
maintained in clothing pools. The parkas will not
necessarily be of the same type as those usually provided
by the Corporation. These articles must be returned by the
employee to the pool at the end of his or her shift.

34.13 Postal Aprons

Postal clerks regularly required to perform

such duties as sorting and examining empty bags and other
duties involving the handling, dumping, etc., of mail bags,
will be issued an apron for this purpose. For intermittent
work of this nature, a pool of aprons shall be available.

34.14 Duster Coats

Duster coats for employees servicing

cancelling machines shall be available from a pool for the
use of such employees at all post offices.

34.15 Cleaning

All articles of used clothing issued to

uniformed employees are to be dry cleaned (locally if
 279

possible) prior to issue at the Corporation's expense.

Pooled articles will also be cleaned at the

Corporation's expense whenever their condition warrants it.

ARTICLE 35

PAYMENT OF WAGES AND ALLOWANCES

35.01 Rates

Rates of pay as set forth in Appendix “A”

attached hereto and forming part of this agreement are
official rates of pay.

An employee shall receive the hourly rate of

pay corresponding to his or her classification and level as
provided for in Appendix “A”.

The hourly rates shown in Appendix “A” are

the rates to be used for pay administration and pay
calculation.

35.02 Implementation

The rates of pay in Appendix “A” shall be

implemented as indicated therein.

35.03 Work in Another Classification

Where an employee temporarily substitutes

in, or performs the duties of a higher paying position, he or
she shall receive the rate of pay as if he or she had been
appointed to that higher paying position beginning with the
first full shift. The anniversary date for pay increments shall
be the anniversary date of the employee’s substantive
position. When, due to operational requirements, an
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employee is temporarily assigned to a position paying a

lower rate of pay, his or her rate of pay shall not be
reduced.

35.04 Rate of Pay - Reclassification

Where an employee's duties and

responsibilities have been reclassified to a level with a
lower maximum rate of pay, he or she will continue to be
paid in his or her former range of rates for one year at
which time the rate he or she is then being paid shall
become his or her holding rate. An employee shall
continue to be paid at his or her holding rate until such time
as the maximum for his or her new level is equal to or
greater than his or her holding rate at which time he or she
shall be paid the maximum of his or her new level.

35.05 Pay Day and Itemized Statement of

Payments

(a) The Corporation agrees to continue the

practice of paying wages on a bi-weekly basis
every second Thursday. Payment will be
made by electronic funds transfer (direct
deposit).

(b) An employee shall be furnished with an

itemized statement of his or her wages and
deductions once per pay period.

(c) The Corporation agrees that a full-time

employee's itemized statement of wages and
deductions will detail:

(i) the number of normal hours paid during

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the pay period;

(ii) the gross amount of normal earnings

for the pay period;

(iii) the gross amount of earnings for the

delivery of householder mail pursuant to
Appendix “D”;

(iv) the number of overtime or premium

hours for the pay period;

(v) the rate multiplier for overtime hours;

(vi) the shift premium and its rate;

(vii) the weekend premium and its rate;

(viii) the mileage allowance and its rate;

(ix) the Lead Hand differential;

(x) the over-assessed route payment;

(xi) the rest period allowance;

(xii) the number of meal allowance

occurrences;

(xiii) deductions for the pay period;

(xiv) the beverage allowance referred to in

paragraph 48.04(b).

(d) The Corporation agrees that a part-time

employee's itemized statement of wages and
deductions will detail:
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(i) the number of normal, overtime and

premium hours paid during the pay
period;

(ii) the gross amount of earnings for the

delivery of householder mail pursuant to
Appendix “D”;

(iii) the rate multiplier for overtime hours, if

applicable;

(iv) the shift premium and its rate, if

applicable;

(v) the weekend premium and its rate;

(vi) the mileage allowance and its rate;

(vii) the Lead Hand differential;

(viii) the over-assessed route payment;

(ix) the rest period allowance;

(x) the number of meal allowance

occurrences, if applicable;

(xi) deductions for the pay period.

35.06 Recovery of Overpayment

When an employee, through no fault of his or

her own, has been overpaid, the paying office will take the
following steps before recovery action is implemented:

(a) advise the employee of the intention to

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recover the overpayment;

(b) provide the employee with the reason for the

overpayment;

(c) where the amount of the overpayment is in

excess of fifty dollars ($50), limit recovery
action to ten percent (10%) of the employee's
pay each pay period until the entire amount is
recovered unless the employee indicates that
they would prefer to repay the amount owed
at a greater percentage.

35.07 Mileage Allowance

An employee required or permitted to use his

or her motor vehicle for the Corporation's business, shall be
entitled to the per kilometre rate set out in the
Corporate Travel Policy for Unionized Employees.
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35.08 Rate of Pay on Promotion, Demotion and

Transfer

Promotion

(a) An employee promoting to a new function

shall receive a rate of pay within the new
scale of rates that is higher than the rate he or
she was receiving in the former function by at
least one full salary increment at his or her
new function, provided that the new rate does
not exceed the maximum of the new function.
The anniversary date for pay increments will
change to the effective date of the movement
to the new function.

Demotion

(b) An employee demoting to a new function shall

be paid at the increment level within the new
scale of rates that corresponds to the
employee’s years of service as a regular
employee. The anniversary date for pay
increments of an employee shall remain the
same.

Transfer

(c) An employee transferring within the same

function, or to a different function with the
same maximum rate of pay shall be paid as
follows:

Movement within a function:

(i) the same rate of pay;

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Movement between functions in the same

Group:

(ii) the rate of pay nearest to but not less

than the rate of pay received in the
former function;

Movement between Groups:

(iii) the increment level of the new scale of

rates that corresponds to the
employee’s years of service as a
regular employee.

The anniversary date for pay increments of the employee

moving as per 35.08 (c) shall not change.

35.09 Cost of Living Allowance (C.O.L.A.)

(a) Effective February 1, 2020, the cost of living

allowance based on the Consumer
Price Index (C.P.I.), Canada, all items
(2002=100) shall be paid quarterly as defined
below to each full-time regular and part-time
regular employee in accordance with the
following:

(i) For the period extending from February

1, 2020 to January 31, 2022, the
quarters referred to above are as
follows:

February 1, 2020 to April 30, 2020,

May 1, 2020 to July 31, 2020,

August 1, 2020 to October 31, 2020,

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November 1, 2020 to January 31,

2021,

February 1, 2021 to April 30, 2021,

May 1, 2021 to July 31, 2021,

August 1, 2021 to October 31, 2021,

November 1, 2021 to January 31,

2022.

(ii) The allowance will be paid on a basis

of one cent (1¢) per hour for each full
zero point zero five zero four (0.0504)
of a point increase in the C.P.I. above
the adjusted index which is five point
thirty-three percent (5.33 %) greater
than the C.P.I. index published for
January 2020.

(iii) For the period extending from February

1, 2020 to January 31, 2022, the first
payment shall become effective when
the C.P.I. reaches the adjusted index
as defined in sub-paragraph
35.09(a)(ii). For the first payment, the
Index published at the end of a quarter
shall be compared with the adjusted
index and the payment will be effective
from the first of the month for which the
published Index exceeds the adjusted
Index and paid in accordance with sub-
paragraph 35.09(a)(ii) on hours paid
between the first of the month for which
the published index exceeds the
 287

adjusted index and the end of the

quarter.

(iv) For the payments provided for in the

remaining quarters, the amount of the
allowance is to be determined by
comparing the published C.P.I. for the
last month of the quarter to the
adjusted index as defined in sub-
paragraph 35.09(a) (ii). If the C.P.I. still
exceeds the adjusted index, the
allowance is paid in accordance with
sub-paragraph 35.09(a) (ii) on hours
paid during the appropriate quarter.

(b) Any allowance paid under paragraph 35.09(a)

shall not be incorporated into the basic wage
rates.

(c) All payments shall be made as a lump sum

and paid in arrears as set out in paragraph
35.09(a). Any allowance paid shall not affect
any premium rates or superannuation, but
shall be included in computing pay for
statutory holidays and paid leave.

(d) No adjustment, retroactive or otherwise, shall

be made as a result of any revision by way of
correction which subsequently may be made
to the Index by Statistics Canada.

(e) In the event that Statistics Canada ceases to

publish the monthly Consumer Price Index
and/or initiates any change that will affect the
foregoing method of computing the allowance,
such change will be the subject of discussion
by the parties prior to amending the above
 288

terms of reference.

35.10 Red Circling for Group 3

(a) Part 1 of this clause shall apply to the

incumbents of positions which will be or have
been reclassified since December 13, 1981 to
a group and/or level having a lower attainable
maximum rate of pay.

NOTE: The term “attainable maximum rate of pay”

means the maximum salary rate.

PART 1

(i) Prior to a position being reclassified to

a group and/or level having a lower
attainable maximum rate of pay, the
incumbent shall be notified in writing.

(ii) Downward reclassification

notwithstanding, an encumbered
position shall be deemed to have
retained for all purposes the former
group and level. In respect to the pay
of the incumbent this may be cited as
Salary Protection Status and subject to
sub-paragraph 35.10(a)(iv) shall apply
until the position is vacated or the
attainable maximum of the reclassified
level, as revised from time to time,
becomes greater than that applicable,
as revised from time to time, to the
former classification level.

(iii) The Corporation will make a

reasonable effort to appoint the
 289

incumbent to a position having a level

equivalent to that of his or her former
position.

(iv) In the event that an incumbent declines

an appointment to a position as in sub-
paragraph 35.10(a)(iii) in the same
work location, without good and
sufficient reason, that incumbent shall
be immediately paid at the rate of pay
for the reclassified position.

(v) An employee appointed under sub-

paragraph 35.10(a)(iii) will be paid in
the scale of rates of the new position at
the rate nearest to but not less than his
or her former rate and shall retain his or
her former increment date.

(b) Part 2 of this clause shall apply to incumbents

of positions who were in holding rates of pay
on December 13, 1981.

PART 2

(i) An employee whose position has been

downgraded prior to the
implementation of this agreement and
is being paid at a holding rate of pay on
the effective date of pay increase and
continues to be paid at that rate on the
date immediately prior to the effective
date of a further pay increase, shall
receive a lump sum payment equal to
one hundred percent (100%) of the pay
increase for the employee's former
group and level calculated on his or her
 290

annual rate of pay.

(ii) An employee who is paid at a holding

rate on the effective date of an
economic increase, but who is removed
from that holding rate prior to the
effective date of a further economic
increase by an amount less than he or
she would have received by the
application of sub-paragraph
35.10(b)(i) shall receive a lump sum
payment equal to the difference
between the amount calculated by the
application of sub-paragraph
35.10(b)(i) and any increase in pay
resulting from his or her removal from
the holding rate.

ARTICLE 36

GENERAL
36.01 Physical Facilities for Employees

(a) New postal installations shall provide proper

accommodation for employees in which to
have their meals. Individual lockers in
separate locker rooms for male and female
employees or equivalent facilities shall be
provided for employees' clothing and other
personal effects, and a space shall be
provided for employees to keep their personal
tools and manuals they require in the
performance of their duties.

(b) For existing postal installations, insofar as is

feasible within the building and space
 291

limitations, proper accommodations shall be

provided for all employees in which to have
their meals, and individual lockers or other
facilities shall be provided for their clothing
and other personal effects, and a space shall
be provided for employees to keep their
personal tools and manuals they require in the
performance of their duties.

36.02 Bulletin Boards

(a) Bulletin boards shall be provided by the

Corporation at convenient locations for the
use of the Union. These locations shall be
determined through consultation.

(b) The contents of notices or other material

posted on bulletin boards shall not require the
prior approval of the Corporation.

(c) The contents of notices or other material

posted on bulletin boards shall not be libellous
or defamatory.

36.03 Plural or Feminine Terms May Apply

Wherever the singular or masculine is used in

this agreement, it shall be considered as if the plural or
feminine has been used where the contract of the party or
parties hereto so requires.

36.04 Copies of the Collective Agreement

(a) The Corporation agrees that the Union will be

given the opportunity to review the make-up of
the collective agreement, including the index,
 292

the proposed format, colour, size and style of

type prior to printing.

(b) The Corporation shall:

(i) reproduce this collective agreement in

both the French and the English
languages. Both texts shall be regarded
as official;

(ii) provide each employee with a copy of

the collective agreement within ninety
(90) calendar days of the signature of
the collective agreement; and

(iii) have a sufficient number of copies of

the collective agreement available to the
Union and its locals.

(c) The Corporation shall pay the Union up to a

maximum of one hundred thousand dollars
($100,000) to produce a video version of the
collective agreement in American sign
Language (ASL) and in Quebec Sign
Language (QSL) and to provide deaf or hard of
hearing employees with a copy of the video.

(d) The Union will provide the Corporation with a

copy of the video, the text used to make the
video, and an itemized statement of all
expenditures incurred in relation to its
production.

(e) The video version is for information and

educational purposes only. It is not to be
considered an official version of the collective
agreement and cannot be used in front of any
 293

third party or court.

36.05 Parking Areas

Insofar as possible, whenever it has a new

postal building erected, the Corporation must provide, in the
immediate vicinity of the new building, a parking area which
is sufficiently large to accommodate the employees'
vehicles. Alternatively, the Corporation will endeavour to
improve transportation facilities for its employees.

36.06 Amendments to Legislation

Notwithstanding the restrictions provided in

this collective agreement, the parties agree that they may
exercise all additional rights resulting from amendments to
legislation to which they are subject, from the coming into
force of these amendments.

36.07 Employees Covered by the Collective

Agreement

Except where otherwise provided, this

collective agreement applies as a whole to all full-time and
part-time employees.

36.08 Subtitles

Titles to respective clauses are not part of this

collective agreement and are considered to have been
inserted for convenience of reference only.

However, it is understood that these titles

shall have full force if the intent is to indicate to whom or in
what circumstances provisions are applicable.
 294

36.09 Positions Outside the Bargaining Unit

The Corporation shall post in all postal

installations and during a reasonable period of time, any job
opportunity within Canada Post Corporation but not
included in the bargaining unit and for which an employee
may apply as a candidate.

Copies of such notices shall be transmitted to

the local of the Union.

36.10 Definition of Component for Group 2

“Component” means the geographical area

currently used locally for Group 2, or any other
geographical area subsequently agreed to by the parties
locally.

It is understood that the words “currently

used” refer to the situation existing on July 1, 1992.

36.11 Definition of Working Day

“Working Day” in this collective agreement

means calendar days excluding Saturdays, Sundays and
holidays.

36.12 Route Information

Upon implementation of a restructure of a

letter carrier route(s), the Corporation shall provide
information on the mode of transportation, relay stops,
delivery sequences, householder count per tie out number,
householder breakdown by point of call type and
delivery days, and a listing of the overtime splits in two (2),
three (3) and four (4) segments for each letter carrier route.
 295

The present practice of having master route

maps available for viewing at individual postal installations
will continue.

The absence or inaccuracy of this information

will not relieve the letter carrier of his or her responsibilities.

36.13 Leave Year

“Leave year” shall mean the period from April

1 of one calendar year to March 31 of the next.
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ARTICLE 37

CONDITIONS NOT COVERED IN COLLECTIVE

AGREEMENT

37.01 Conditions Not Covered

(a) The existing working conditions concerning

the payment of a premium, the payment of an
allowance or the payment of any other
financial benefit that are not covered by this
collective agreement shall remain in effect
until such time as they are otherwise
renegotiated between the parties.

(b) The parties shall conduct meaningful

consultation about any changes planned in
other existing working conditions that are not
covered by this agreement.

ARTICLE 38

CLASSIFICATIONS

38.01 Classifications

(a) The classifications recognized for the purpose

of this collective agreement are those
mentioned in Appendix “A” and any other
classifications created in accordance with this
article.

(b) The “functions” are the different jobs existing

within a classification.
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38.02 Modification of an Existing Function

Where the Corporation intends to modify the

tasks of one or several functions, it shall notify the Union in
writing and the parties shall consult in an effort to reach
agreement.

The Corporation may implement the modified

tasks of the functions as long as the modification involves
functions within the same classification.

38.03 Creation of a New Function or of a New

Classification

Where the Corporation intends to

(a) create a new function, that is, a function the

object of which is substantially different from
the object of existing functions;

and/or

(b) create a new classification it shall notify the

Union in writing.

In the event a new function is being proposed,

the notice shall specify if the Corporation is proposing to
include this new function in an existing classification or to
create a new classification.

38.04 Negotiation, Arbitration and

Implementation

(a) Upon receipt of the notice referred to in clause

38.03, the parties shall enter into negotiations
 298

in an effort to reach agreement within a period

of thirty (30) calendar days from the date of
the said notice.

(b) If no agreement is reached within the thirty

(30) calendar day period, the Union may,
within seven (7) calendar days following the
thirty (30) calendar day period, refer the
dispute to arbitration.

(c) If the Union does not refer the dispute within

the seven (7) calendar day period, the
Corporation may implement the proposed
change immediately.

(d) The dispute will be heard by an arbitrator

chosen by the parties or by the Minister of
Labour, if the parties cannot agree.

(e) The arbitrator shall hear the parties, and shall

render his or her decision within ninety (90)
calendar days of the date of the referral of the
dispute.

(f) At the expiry of the said ninety (90) calendar

day period, the Corporation may implement its
proposed changes, if the decision has not
been rendered.

(g) Where the Corporation implemented the

proposed changes, the decision of the
arbitrator shall apply retroactively to the date
of such implementation.

38.05 Mandate of the Arbitrator

The arbitrator seized of the dispute will decide

 299

if it is a new function and, if applicable, of the proper

classification for the new function, the proper job description
of the new function, and, as the case may be, of the
working conditions and rates of pay he or she considers
appropriate.

The decision of the arbitrator shall be

consistent with the provisions of this agreement.

Clause 9.104 shall apply mutatis mutandis for

the payment of expenses and fees of the arbitrator.

38.06 Effect of Agreement or Decision

Any agreement entered into by the parties

and any decision rendered by the arbitrator pursuant to this
article shall form an integral part of this agreement.

38.07 Amalgamation of Classifications

At any time the parties may agree to

amalgamate classifications or functions from different
classifications.

38.08 Job Descriptions

Job descriptions are the descriptions of the

duties of a function. Job descriptions transmitted to the
Union shall continue to be the official job descriptions of the
employees of the bargaining unit.
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ARTICLE 39

WORK IN THE BARGAINING UNIT

39.01 Work in the Bargaining Unit

(a) Unless otherwise specified in the collective

agreement, an employee in the bargaining
unit will not be required to perform work
outside the bargaining unit.

(b) Similarly, an employee of the Corporation

outside the bargaining unit will not be required
to perform bargaining unit work.

(c) In the event of a violation of this provision, the

Corporation agrees to pay to the employee
who would have performed such work an
amount equal to the time performed by the
employee who is outside the bargaining unit at
the applicable rate.

(d) For purposes of this article, bargaining unit

work includes the work described in the official
job descriptions as delivered to the Union by
the Corporation under the provisions of this
collective agreement.

39.02 Staffing in Group 1

Insofar as the ratio provided for in Appendix

“P” is adhered to, the Corporation shall be deemed to have
abided by the provisions of clause 39.02.

(a) The corporate policy on staffing is that

sufficient regular full-time and part-time staff
are to be employed to maintain service
 301

standards for predictable workloads and

absences and it is agreed that this policy will
be followed.

(b) The Corporation, in order to minimize as much

as possible the hiring of temporary
employees, will maintain up-to-date eligibility
lists to fill vacant positions as they occur.

Furthermore, the Corporation agrees to revise

periodically the number of regular employees,
in order that regular staff can meet normal
postal service needs to the maximum extent
practicable and thereby minimize the use of
temporary employees.

(c) The Corporation at each post office shall

provide to the Union a monthly report of the
number of temporary employees and the
number of hours worked by temporary
employees for each section of each post
office.

39.03 Work Force in Group 1

Insofar as the ratio provided for in Appendix

“P” is adhered to, the Corporation shall be deemed to have
abided by the provisions of clause 39.03.

(a) The Corporation agrees to have in its work

force a sufficient number of regular
employees to cover the rate of normal
absences due to illness, special leave,
vacation leave and leave without pay.

(b) On the basis that relationships vary from post

office to post office, the Corporation will inform
 302

the local of the Union of the current number of

regular personnel utilized for replacement of
absences.

39.04 Extra Hours when Temporary Employees

are not Required in Group 1

(a) For the purpose of this clause,

(i) “extra hours” means additional hours of

part-time employees in excess of their
scheduled hours up to a maximum of
eight (8) hours per day, forty (40) hours
per week; and overtime hours of full-
time and part-time employees;

(ii) A temporary employee who holds an

assignment under paragraph 39.07(c) is
deemed to be a regular employee.

This clause applies when extra hours, as

defined above, are required, and where the Corporation
elects not to have recourse to temporary employees, in
which case the extra hours are offered among regular
employees.

In such a case, the following will apply:

(b) (i) The Corporation may offer extra hours

as additional hours to regular part-time
employees that are present at work;
that are scheduled to come in to work;
that are on unscheduled days; that are
called back to work; or, that are on
days of rest. Each option is at the
Corporation’s discretion but once
determined the offer shall be made by
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seniority among employees within the

section, or the postal installation if
there is no section, and on the shift
where it decides to offer additional
hours. Employees will be free to accept
or reject the offer; or,

(ii) The Corporation may offer extra hours

as overtime to regular full-time
employees. In such a case, the
Corporation shall do so in accordance
with the rules set out in Articles 15, 17,
18, as applicable or,

(iii) The Corporation may offer extra hours

as overtime to regular part-time
employees. In such a case, the
Corporation shall do so in accordance
with the rules set out in Articles 15, 17,
18, as applicable or,

(iv) any combination of the above-noted

options.

(c) It is understood that the Corporation may, at

any time, apply clause 39.05.

39.05 Extra Hours when Temporary Employees

are Required in Group 1

(a) For the purpose of this clause,

(i) “extra hours” means additional hours of

part-time employees beyond their
scheduled hours up to a maximum of
eight (8) hours per day, forty (40) hours
per week; overtime hours of full- time
 304

and part-time employees; and hours of

temporary employees.

(ii) A temporary employee who holds an

assignment under paragraph 39.07(c) is
deemed to be a regular employee.

This clause applies in the event that extra

hours, as defined above, are required, and where the
Corporation elects to have recourse to temporary
employees.

In such a case, the extra hours will be offered

in the following manner:

(b) To regular part-time employees in the required

classification and who are present at work in
the installation when the extra hours are
required to be worked, provided the need for
extra hours continues beyond the end of their
scheduled shift. The foregoing is subject to an
employee's willingness to accept additional
hours of work.

(c) In instances where the action mentioned above

is not sufficient to meet service requirements,
overtime will be offered to regular full-time
employees in the required classification and
who are present at work in the section where
and when the extra hours are required to be
worked, provided the need for extra hours
continues beyond the end of their scheduled
shift.

Employees will be offered four (4) hours of

overtime in blocks of two (2) hours. It is
understood that employees may refuse to work
 305

overtime; accept to work a two (2) hour block;

or, accept to work the four (4) hours of
overtime.

(d) In instances where the maximum overtime

hours have been offered in accordance with
paragraph 39.05(c) and the actions mentioned
above are not sufficient to meet service
requirements, the Corporation in its discretion
may:

(i) offer overtime to regular full-time

employees in the required classification
and who are present at work in the
installation; or,

(ii) offer overtime to regular part-time

employees in the required classification
and who are present at work in the
section where the extra hours are
required; or,

(iii) offer overtime to regular part-time

employees in the required classification
and who are present at work in the
installation; or,

(iv) use temporary employees; or,

(v) any combination of the above-noted

options.

(e) Notwithstanding paragraph 39.05(b), regular

part-time employees in the required
classification and who are present at work in
the installation will be offered additional hours if
temporary employees are at work in the two (2)
 306

hour period that immediately follows the end of

their shift. The foregoing is subject to an
employee’s willingness to accept additional
hours of work.

(f) Notwithstanding paragraph 39.05(c), regular

full-time employees in the required
classification and who are present at work will
be offered overtime hours if temporary
employees are at work in the full-time
employees section in the two (2) hour period
that immediately follows the end of their shift.

Employees will be offered four (4) hours of

overtime in blocks of two (2) hours. It is
understood that employees may refuse to work
overtime; accept to work a two (2) hour block;
or, accept to work the four (4) hours of
overtime.

(g) Article 15 will apply to overtime offered or

worked pursuant to this clause save and
except for paragraph 15.07(b).

It is understood that the Corporation will offer

extra hours to available temporary employees
under paragraph 39.05(d) prior to an
application of clause 15.14 under this clause.

(h) It is understood that the Corporation may, once

its obligations under this clause have been
complied with, at its discretion, offer extra
hours to regular employees, before their shift;
on their unscheduled days; on call-back; on
statutory holidays; or, on their days of rest.
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39.06 Use of Part-time and Temporary Employees

The Corporation agrees that temporary

employees are to be used only for temporary operational
requirements and that wherever practicable, such work
shall be combined in order to create regular positions. This
paragraph only applies in Group 1.

The Corporation agrees that part-time employees

are to be used only for part-time operational requirements
and that wherever practicable, such positions shall be
combined in order to create full-time positions.

In determining the practicability of combining part-

time positions in order to create full-time positions, undue
regard may not be given solely to the difference in wages
and benefits between full-time and part-time employees.

For greater certainty, benefits shall not include pay

for time not worked.

39.07 Long Term Absences in Group 1

(a) Where a regular employee is absent from

work for a period of more than ten (10)
working days, except on annual leave, and the
Corporation decides to temporarily fill the
assignment, it will be offered to other regular
employees. The offer is made on the basis of
seniority and in the following order of
preference:

(i) to employees within the same

classification in the same section, or in
the installation if there are no sections;

(ii) if no employee accepts, to employees

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within the group with the same status in

the installation; the employee who
wishes to fill the assignment shall have
the required knowledge except when it
is known that the absence will last more
than six (6) months;

(b) The full-time temporary assignment resulting

from the original absence which is not filled
following the application of paragraph
39.07(a) or the full-time temporary assignment
resulting from the application of sub-
paragraph 39.07(a)(i) or (a)(ii), shall be offered
on the basis of seniority to other regular
employees in the following order of
preference:

(i) to the part-time employees within the

category and in the section;

(ii) if no employee accepts, to the other

part-time employees within the group in
the installation; in this last case
employees shall have the required
knowledge.

(c) After having applied the procedure outlined in

paragraph 39.07(a) and, when applicable
paragraph 39.07(b), a work assignment may
be offered to temporary employees in
accordance with Article 44.

(d) When part-time employees perform full-time

duties temporarily under this clause, it is
understood that clause 14.03 does not apply
for the period during which the part-time
employee performs full-time duties.
 309

(e) When an employee receives training to

temporarily fill an assignment in accordance
with this clause, he or she must remain in the
assignment for a minimum of twelve (12)
months or for the duration of the absence
whichever occurs first, unless this employee
exercises his or her seniority to obtain a
regular position under Article 13.

ARTICLE 40

HUMAN RESOURCES DEVELOPMENT

(A) GENERAL PROVISIONS

40.01 Policy and Objectives

The parties recognize the need to work on

the development of human resources so that employees
may acquire the knowledge that may be required in the
performance of their duties and to allow those who so
wish to have access to the different positions in the
bargaining unit.
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(B) TRAINING

40.02 Definition

For the purpose of this agreement, “training”

means any theoretical and/or practical training given by the
Corporation with a view to enabling the employees to
perform effectively a function, a duty or a set of functions
and duties.

40.03 Right to Training

Training must be sufficient and adequate. The

Corporation must give such training to:

(a) any newly hired employee;

(b) any employee who moves from a position to

another or who is assigned to duties requiring
new knowledge;

(c) any employee who moves from one

classification to another.

40.04 Method of Training

(a) The Corporation shall advise the Union of the

methods of training used and of any change.

(b) The Corporation shall inform in writing the

person applying for training of the method of
training that will be followed in his or her case.
This information includes the term, the stages
and the methods of evaluating his or her
training.

(c) In cases where an examination is required in

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Group 1, the Corporation shall assign the

employee to work which will be covered by the
examination, during a sufficient period, but at
least for two (2) hours per day in the week
preceding that examination.

40.05 Guarantee

The employee who has completed his or her

period of probation and who is trained in a new
classification shall keep that classification or the equivalent
thereof in the bargaining unit when the unfavourable
evaluation of his or her apprenticeship is to be ascribed to
insufficient or inadequate training.

Any employee who has completed his or her

period of probation and who cannot fully obtain the
necessary training by reason of a transfer, a reassignment
or a change in classification shall keep his or her former
classification or the equivalent thereof in the bargaining
unit.

40.06 Period of Training

The training provided for in this article shall be

given during the hours of work and any time devoted to
training during those hours shall be considered as time
worked.

40.07 Training Costs

The Corporation shall pay the full cost of any

formal training program required by the Corporation and
any actual and reasonable living out expenses for an
employee who is required to live away from his or her home
during such training.
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40.08 Licensing and Examination Fee

In circumstances where a different vehicle

licensing requirement is introduced by a provincial
government, and an employee on the payroll must meet
such a requirement, the Corporation will pay the initial
licensing and examination fee, provide training if necessary,
and grant such time as necessary to pass the test.

40.09 Technical Training for Groups 3 and 4

(a) At least sixty (60) days before the end of any

leave year, the Corporation shall post in each
postal facility a notice describing the technical
training courses to be offered on national
equipment during the leave year to come and
indicating the duration of those courses, when
they will be held and the procedures to follow
to apply for the courses.

(b) When a sufficient number of employees in

Group 3 are trained, to ensure the required
service to maintain efficient operations, the
Corporation will offer subsequent training by
seniority to employees within the classification,
section and shift.

(c) Employees attending training courses where

accommodation and meals are required and are
provided by the Corporation, may, at their
option, elect to decline to use the facilities
provided. In those cases, the employee shall
be reimbursed in accordance with the
provisions of clause 40.07.

Such election must be made prior to the

commencement of the course within a time
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frame specified by the Corporation.

40.10 Determination of Qualifications

Within sixty (60) days of the signing of the

collective agreement, the Union shall obtain from the
Corporation the statement of qualifications that are required
for each classification in Groups 3 and 4 except those listed
in clause 13.07 (hereinafter Groups 3 and 4 classifications).

The qualifications shall be reasonable and

relevant to the classification concerned. They shall be the
same for all postal installations, subject only to applicable
provincial legislation.

40.11 Determination of Needs

Within sixty (60) days of the signing of the

collective agreement, the Corporation shall determine its
workforce needs in Groups 3 and 4. Subsequently, the
Corporation shall update this evaluation during the first
sixty (60) days of each leave year.

The Corporation shall provide the Union with

the results of the annual evaluations and provide all
information used to conduct these evaluations.

40.12 Scholarship Fund

The Corporation shall establish an annual

scholarship fund (“Fund”) not to exceed two hundred
thousand dollars ($200,000) to be distributed at its sole
discretion. The purpose of this Fund is to facilitate the
training needs of employees interested in positions in
Group 3. Any such training shall be pre-approved by the
Corporation. In the event that the employee requires a
leave of absence to complete the training, he or she must
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submit a request for Education Leave in accordance with

clause 27.01. It is understood that any such request will not
be unreasonably withheld.

If an employee is granted monies from the

Fund, he or she shall, if required, give a written
undertaking prior to receipt of the monies that, if he or she:

(a) fails to complete the training;

(b) does not resume employment with the

Corporation on completion of the training; or

(c) ceases to be employed before termination of

the period he or she has undertaken to serve
after completion of the training;

he or she shall repay the Corporation all monies granted to

him or her, or such lesser sum as shall be determined by
the Corporation.

(C) ACCESS TO POSITIONS IN GROUP 3

40.13 Encouraging Women to Apply

Both parties recognize the importance of

encouraging women to apply for positions in Group 3.
Furthermore, both parties recognize that obligations are
prescribed by the Employment Equity Act and in
accordance therewith undertake to eliminate employment
barriers in the workplace.

The parties shall, at National Consultation,

examine any question regarding the under-representation
of women that may be incorporated into the Corporation’s
Employment Equity Plan, to support the participation of
women.
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(D) TRAINING FOR MAIL SERVICE COURIER

(HEAVY VEHICLE) - PO MSC(HV)-3
CLASSIFICATION

40.14 Training for Mail Service Courier (Heavy

Vehicle) Classification

The Corporation provides the required training

to perform the duties of mail service courier (heavy vehicle).

The number of employees to whom this

training is offered shall be determined in accordance with
service requirements.

The training is offered on the basis of seniority

first to employees in the mail service courier category and
then to the other employees within the post office or MAPP,
where applicable.

The employee obtaining a mail service courier

(heavy vehicle) position shall retroactively be paid at this
level for the period during which he or she was in training.

ARTICLE 41

MEASUREMENT AND SURVEILLANCE

41.01 Group Measurement

(a) It is recognized that volume measurement is

necessary to obtain an objective evaluation of
the level of production of a group, a section or
an office and there shall be no individual work
measurement.

(b) The limitation contained in paragraph 41.01(a)

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applies only to employees in Group 1.

41.02 Surveillance

The watch and observation systems cannot

be used except for the purpose of protecting the mail and
the property of the Corporation against criminal acts such
as theft, depredation and damage to property. At no time
may such systems be used as a means to evaluate the
performance of employees and to gather evidence in
support of disciplinary measures unless such disciplinary
measures result from the commission of a criminal act.

41.03 Tracking or Localization

Geo-Positioning Systems (GPS) or other

tracking or localization technology shall not be used to
gather evidence in support of disciplinary measures unless
such disciplinary measures result from the commission of a
criminal act.

41.04 Groups 3 and 4

It is recognized that pre-established time

scales for the execution of tasks may exist for employees in
Groups 3 and 4. These pre-established time scales shall
not be used for disciplinary reasons.

41.05 Utilization as Evidence

No evidence gathered in violation of this

Article shall be admissible before an Arbitrator.
 317

ARTICLE 42

PENSION
42.01 Information on Pension

Effective October 1, 2000, the Canada Post

Corporation Pension Plan replaced the pension plan that
was previously provided under the Public Service
Superannuation Act.

To the employee who enters upon his or her

last year of pensionable service under the Canada Post
Corporation Pension Plan and to the employee who has
good reasons for doing so, the Corporation shall furnish in
writing, within thirty (30) calendar days after the written
request of the employee, the following information:

(a) the total period of pensionable service of that

employee;

(b) any period of service which is not

pensionable;

(c) the average annual salary for the five (5)

consecutive year period during which the
employee received the highest salary, the
identification of said years and the salary
received during each year covered by this
period;

(d) the different options of benefits to which the

employee may be entitled upon retirement,
and, if necessary, a complete explanation of
such options.
 318

ARTICLE 43

DURATION OF COLLECTIVE AGREEMENT

43.01 Term of the Agreement

Except where otherwise specified, the terms

and conditions of the collective agreement are effective
and binding on the Corporation and the Union from the
date of the arbitration award until January 31, 2022.

43.02 Appendices

All the appendices are integral parts of this

collective agreement.

43.03 Extension of Collective Agreement

The present collective agreement shall remain

in full force and effect until the signing of a new collective
agreement or until the requirements of section 89(1) of the
Canada Labour Code have been met.

43.04 Period of Application

For greater certainty, the words “term of this

agreement”, “duration of this agreement” and “life of this
agreement”, as found throughout this agreement, include
the period of time during which this agreement remains in
full force and effect after its expiry date.

43.05 Notice to Bargain

Either party to this agreement may, within four

(4) months immediately preceding the date of expiration of
the term of this collective agreement, by notice, require the
 319

other party to commence collective bargaining. Within

twenty (20) working days after notice to bargain has been
given, the parties shall enter into negotiations.

ARTICLE 44

ENTITLEMENTS AND WORKING CONDITIONS

OF TEMPORARY EMPLOYEES

PART I TEMPORARY EMPLOYEES IN

GROUPS 1 AND 2

44.01 Seniority

The seniority of a temporary employee shall be

determined by the length of employment since the first date
of hire in the bargaining unit provided there has been no final
termination of employment.

44.02 Accumulation of Seniority

The seniority of a temporary employee

accumulates without interruption until such time as it is lost
in accordance with the provisions of this article.

44.03 Different System

The seniority system for temporary

employees shall be separate from the system for regular
employees and such seniority can only be used for the
purposes of this article.

44.04 Call-in Lists

The number of call-in lists that govern the

allocation of work assignments among temporary
employees shall not be changed without prior consultation
 320

with the local Union.

The provisions of this clause shall not apply to

changes contemplated under clause 44.08.

44.05 Number of Call-in Lists

The number of call-in lists within each post

office shall be sufficiently limited to promote as much as
possible the creation of full-time regular employment while
taking into account operational and administrative
requirements.

44.06 Probation Period

(a) There shall be a probationary period for all

temporary employees, starting on the first day
of work and ending once they have worked
four hundred and eighty (480) hours.

(b) During the probationary period, the employer

may end a temporary employee's employment
if it deems that the employee does not meet
the requirements of the job.

The decision of the Corporation shall be final

unless it is grieved that it was made without
just cause. In any arbitration relating to such a
grievance, the burden of proof shall rest with
the Corporation.

(c) Upon completion of the probationary period,

the seniority date of the temporary employee,
as defined in clause 44.01, shall be
confirmed.
 321

44.07 Placement on the Call-in Lists

Each temporary employee shall have his or

her name placed on a call-in list in order of seniority.

44.08 Posting of Lists

A copy of the call-in lists shall be posted in the

postal installations concerned and a copy shall be provided
to the Union local every six (6) months. If, within the six (6)
month period, names of temporary employees are added to
or removed from the lists, a copy of those pages containing
these changes shall be sent to the Union local.

44.09 New List

Should a new list be established, existing

temporary employees within the post office who have
expressed an interest in writing shall be placed on that list
in order of seniority, subject to operational requirements.

44.10 Movement from One List to Another

Where additional employees are required on a

list in a post office, the Corporation will automatically move
to the list the names of temporary employees who have
applied in writing to have their names placed on such list. It
is understood that when the number of temporary
employees having applied is higher than the actual need,
the selection will be determined by seniority. The temporary
employees who are moved from one list to another shall
keep the seniority already accumulated. Such employees
are required to remain on the new list for a period of twelve
(12) months prior to being allowed to move to another list.

44.11 Availability and Termination of Employment

 322

(a) The employment of a temporary employee

may be terminated by the Corporation when
the employee has not worked for any reason
during a period of twelve (12) continuous
months excluding the period from December 1
to December 24 inclusive.

Following a review of its operational

requirements, should the Corporation decide
to partially exercise its right in this regard, the
identification of the employees who will be
terminated will be by reverse order of
seniority.

(b) The employment of a temporary employee

shall be terminated when the employee has
not demonstrated reasonable availability in
the acceptance of work assignments during
any six (6) consecutive months.

Paragraphs 44.11 (a) and (b) do not apply

with respect to any period during which an employee is
disabled, on maternity, parental, adoption or union leave
without pay, provided however that prior written notice has
been given to the Corporation.

44.12 Allocation of Work Assignments of Less

than Twenty (20) Days

(a) The Corporation shall offer work assignments

of less than twenty (20) days in Groups 1 and
2 in order of seniority to those unassigned
temporary employees whose names appear
on the appropriate call-in list. The temporary
employees must have the required
qualifications, where applicable. Should the
employee not have the required qualifications,
 323

the Corporation shall offer the work to the next

unassigned qualified employee on the list.

(b) Should there not be sufficient work available

for all temporary employees performing Group
1 duties who are present at work in the
applicable postal installation, on a given day,
the Corporation may relieve employees from
work early and in such a case it will do so by
reverse order of seniority.

44.13 Allocation of Work Assignments of Twenty

(20) Days or More

Provided he or she is fully qualified and

trained to perform all relevant duties, a temporary employee
may exercise his or her seniority to obtain an assignment or
to transfer to another assignment within the appropriate
call-in list, where the assignment is for a known period of
twenty (20) days or more, and where the Corporation would
have called in another temporary employee to cover such
an assignment.

In the latter case, the remainder of the

assignment from which he or she has transferred may be
performed by the most senior unassigned temporary
employee on the appropriate call-in list.

44.14 Five (5) Day Work Week

(a) A temporary employee shall not work more

than five (5) days in a week (Sunday to
Saturday), barring exceptional circumstances.

(b) The Corporation shall comply with this clause

in the allocation of work assignments to
temporary employees.
 324

However, a temporary employee may still

exercise his or her seniority to obtain an
assignment or to transfer to another
assignment in accordance with clause 44.13,
but such assignment will only commence for
this employee at the beginning of the following
week.

(c) When a temporary employee works more than

five (5) days in the same week, he or she shall
be paid at the rate of double (2) time for all
hours worked on the sixth (6th) and seventh
(7th) days of that week.

44.15 Bumping Rights

A temporary employee who has been

assigned to cover a regular position shall be permitted,
subject to qualifications and upon completion of such
assignment, to bump the most junior assigned employee
within the appropriate call-in list.

44.16 National Agreement

The parties at the national level may agree to

adopt call-in and bumping procedures to complement those
provided for in this article.

44.17 Provisions of the Collective Agreement

Applicable to Temporary Employees

The following provisions of the collective

agreement apply to all temporary employees as applicable to
the work being performed:

Articles 1, 2, 3, 4 (excluding clause 4.07), 5, 6

(excluding paragraph 6.03(c)), 7, 8, 9, clauses
 325

11.01, 14.06, 14.07, 14.20, 14.28, 15.01,

15.02, Article 16, clauses 17.04, 17.05, 17.06,
17.07, 17.08, 17.09, 17.10, 17.11, 25.03,
Articles 26 (excluding clause 26.06), 32
(excluding clause 32.06), 33 (excluding
clauses 33.18 and 33.20), 35 (excluding clause
35.09), 36, 37, 38, 39, 41, 43, 44, 48, 49, 50,
51, 52, clause 55.01, Article 56, Note 5 of
Appendix “A”, Appendix “D”, and Appendix
“JJ”.

Article 10 (excluding clause 10.10) shall apply

to temporary employees who have completed the
probationary period set out in clause 44.06.

44.18 Rate of Pay

The rate of pay for all temporary employees

shall be the “minimum” hourly wage rate set out in
Appendix “A” for the work being performed.

Notwithstanding the above, effective January

1, 2019, and every year thereafter, when a temporary
employee reaches one thousand (1,000) hours worked in
the current fiscal year, the employee will progress to the
next pay increment in Appendix “A”. The increment will take
effect on the following full pay period. For greater clarity,
there shall be no retroactivity.

44.19 Paid Holidays

(a) All temporary employees will be entitled to

receive payment for a holiday specified in
clause 18.01 on which they do not work. Such
payment will be calculated on the basis of
1/20th of the regular wages earned during the
two (2) complete pay periods immediately
 326

preceding the holiday.

(b) When a temporary employee works on a

holiday specified in clause 18.01, he or she will
be paid for all hours worked at two (2) times his
or her regular straight time rate in addition to
the pay specified in paragraph
44.19(a).

(c) When a temporary employee works on a

holiday specified in clause 18.01, he or she will
be entitled to paid meal and rest periods in
accordance with clause 18.09.

44.20 Maternity, Parental and Adoption Leave

Without Pay

Temporary employees with six (6) months of

continuous service will be entitled to take maternity,
parental and adoption leave without pay for the period
specified in clauses 23.01, 23.05 and 23.06 respectively.

44.21 Leave with Pay for Arbitration

The Corporation shall grant leave with pay to

a temporary employee for the period of time he or she
attends an arbitration hearing of his or her grievance,
provided such employee would have been required to work

during the period of time that the arbitration hearing

occurred.

44.22 Bereavement Leave

Temporary employees are entitled to

bereavement leave in accordance with clause 21.02. The
payment for each eligible day of the leave will be calculated
 327

on the basis of one twentieth (1/20th) of the regular wages

earned during the two (2) complete pay periods
immediately preceding the leave.

44.23 Vacation Pay

(a) Temporary employees shall receive vacation

leave pay equal to six percent (6%) of the total
of his or her previous vacation year's earnings
extending from April 1 to March 31. Such an
employee shall receive his or her vacation pay
prior to the last Friday of June of each year.

44.24 Supplement

Temporary employees will receive a

supplement of four percent (4%) of their basic hourly rate of
pay in lieu of insurance plans and paid leaves to which they
are not entitled by virtue of the present article. This
supplement will be added to the regular pay of a temporary
employee.

44.25 Training

(a) The Corporation will determine the training

requirements and will arrange sufficient and
adequate training, where required, for any
newly hired temporary employee or any
temporary employee who is assigned to duties
requiring new knowledge.

(b) Where the Corporation determines that there

exists a shortage of trained temporary
employees for a certain type of work, and
where such shortage results in a decision to
offer training, such training shall be offered by
seniority to temporary employees whose
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names appear on the call-in list governing the

allocation of that type of work.

44.26 Filling A Vacant Regular Position

(a) Commencing February 1, 2004, where the

provisions of clause 13.09 have been
complied with and a vacant position in Group
1 or 2 remains, it shall be filled on the basis of
seniority by a temporary employee who has
applied for such classification and post office
provided he or she possesses the basic skills
and requirements for work in the group in
which the vacant position exists.

(b) It is understood that temporary employees who

may apply for work in a classification and post
office must be:

(i) on a call-in list from that post office; or

(ii) on a call-in list of a different post office

within the same location, where such
location has separate post offices for
Group 1 and 2 temporary employees;
or

(iii) on a call-in list within the MAPP in

Montreal or Toronto.

(c) It shall be the responsibility of any temporary

employee wishing to obtain regular
employment to file and maintain current an
application indicating his or her desire to fill a
vacant position, which may occur in the future,
in a given classification and in a post office
allowed by clause 44.26(b).
 329

(d) The provisions of clauses 13.07, 13.11 and

13.13 shall apply, adapted as may be
necessary, when the Corporation fills vacant
positions using applications from temporary
employees.

(e) In the application of clause 13.07, the

employee appointed to the regular position
who does not acquire the specific knowledge
with respect to his or her assignment shall
revert to being a temporary employee. The
name of such employee shall be placed back
on his or her former call-in list with the same
seniority he or she possessed prior to his or
her appointment.

44.27 Uniform Entitlement

A temporary employee who obtained a

seniority date on or before the signing of the collective
agreement shall be entitled to receive an initial issue of
clothing as specified in clause 34.01.

Once a temporary employee who is not

entitled to an initial issue of clothing has completed the
probationary period set out in clause 44.06, that temporary
employee shall thereafter, upon written request by the
employee, be entitled to receive an initial issue of clothing
as specified in clause 34.01. Such clothing shall be
supplied as soon as possible but not later than thirty-five
(35) days following the employee’s written request.

Clauses 34.09 and 34.10 shall then apply with

respect to clothing received by such temporary employees.
Replacements will be issued on an exchange basis when the
garment becomes unserviceable through normal duty wear.
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44.28 Boot and Glove Allowance

Temporary employees who are working in the

classifications of letter carrier, mail service courier, mail
service courier (heavy vehicle), mail handler and mail
despatcher shall receive a thirteen cents (13¢) per hour
differential as a boot and glove allowance.

44.29 Protective Clothing

Temporary employees who are not entitled to

receive an initial issue of uniforms and protective clothing
shall have access to aprons, raincapes, rainsuits (yellow),
quilted jackets and/or insulated jackets, as applicable to the
work being performed, which will be maintained on a pool
basis. These articles must be returned by the employee to
the pool at the end of his or her shift.

Temporary employees who are required to

work in designated protective footwear areas and who are
not in receipt of the thirteen cents (13¢) per hour differential
as a boot and glove allowance shall receive a twelve cents
(12¢) per hour differential as protective footwear.

44.30 Temporary Employees During the

Christmas Period

Between November 15 and January 15, the

Corporation may use temporary employees hired for the sole
purpose of fulfilling Christmas period requirements following
the application of clauses 39.05, 44.12 and 44.13.

The employees hired for the Christmas period

shall only be entitled to the provisions listed in clauses 44.17
and 44.18 excluding all other provisions of Article 44.
Furthermore, such employees shall not be entitled to
 331

accumulate seniority as set out in clause 44.01, or

continuous service as set out in clause 11.01.

An employee terminated under clause 44.11(a)

who worked during the exclusion period will be considered
for employment under clause 44.30 the following Christmas
period on a priority basis.

44.31 Union Rights

(a) A temporary employee hired after the signing

of this agreement shall, as a condition of
employment, become a member of the Union
at the time of hiring, or as soon as possible, in
accordance with paragraph 44.31(c).

(b) The Corporation will not be obliged to

terminate any temporary employee whose
membership rights have been revoked by the
Union.

(c) During the first week of work of new temporary

employees, the steward or his or her alternate
shall be allowed, during the hours of work, a
period of fifteen (15) minutes to confer with
them.

PART II TEMPORARY EMPLOYEES IN GROUP 3

44.32 Use of Temporary Employees in Group 3

(a) The Corporation may fill a temporarily vacant

assignment by a temporary employee hired for
a specified period of less than six (6) months
duration after having offered, on the basis of
seniority, the temporarily vacant assignment to
regular employees within the same section and
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classification.

If the original temporarily vacant assignment is

filled by a regular employee within the same
section and classification, the temporary
employee may fill the resulting temporarily
vacant assignment.

(b) If the duration of the temporary vacancy is to

exceed twelve (12) months, the Corporation
shall consult the Union on the reasons for the
extension beyond this period.

44.33 Working Conditions of Temporary

Employees in Group 3

Temporary employees will be covered by all

provisions of this collective agreement as they apply to
Group 3 except the following: clause 10.10, Article 13,
clause 19.12, Article 25, clauses 27.01 and 27.07, Article
29, clause 33.18, Article 34, clause 35.09, Parts (A), (C)
and (D) of Article 40, Articles 53 and 54, and Appendix “H”.

44.34 Offer of Employment for a Vacant Regular

Position

Where the provisions of clause 13.09 have

been complied with and a position in Group 3 remains
vacant, it shall be offered by seniority to qualified temporary
employees of that group within the post office.
 333

ARTICLE 45
TRANSFER - PROMOTION - DEMOTION -
RECLASSIFICATION
45.01 Definitions

For the purpose of this collective agreement:

(a) “transfer” means the transition of an employee

within the same function or to a different
function, with the same maximum rate of pay;

(b) “promotion” means the transition of an

employee from a function to another function
with a higher maximum rate of pay;

(c) “demotion” means the transition of an

employee from a function to another function
with a lower maximum rate of pay;

(d) “reclassification” means the transition of a

position or a function from a classification to
another classification;

(e) “group” means one of the four (4) groups

listed in Appendix “A” unless the context
indicates a different meaning;

(f) “category” is composed of two (2)

classifications (part-time and full-time) in
which the employees perform identical duties.
The categories are mail handler (PO2), postal
clerk (PO4), letter carrier (PO LC-1) and mail
service courier (PO MSC-1);

(g) “status” used in relation to a position, a

function or a classification refers to the full-
 334

time or part-time nature of the position,

function or classification.

45.02 Transfer, Promotion, Demotion

Transfer, promotion and demotion of an

employee can only be made in the circumstances and
under the conditions provided for in this agreement.

It is understood that an employee shall not be

transferred nor demoted for disciplinary reasons.

45.03 Reclassification

The Corporation shall not perform a

reclassification without the agreement of the Union.

45.04 Staffing of a Reclassified Position

(a) Where the incumbent of the reclassified

position is a member of a complement as
defined in clause 13.03 or of a unit as defined
in clause 46.02 and paragraph 47.01(b), the
reclassified position is first offered on the
basis of seniority to the employees of this
complement or unit.

(b) In the other cases not provided for in

paragraph 45.04(a), the reclassified position is
first offered to its incumbent.

(c) Where a reclassified position has not been

filled pursuant to paragraphs 45.04(a) and (b),
it shall become vacant and Article 13 shall
apply.
 335

ARTICLE 46

RESTRUCTURING OF MAIL SERVICE COURIER

AND MAIL SERVICE COURIER (HEAVY
VEHICLE) ASSIGNMENTS

46.01 Restructuring

The provisions of Article 47, adapted as may

be necessary, shall apply to the restructuring of mail service
courier and mail service courier (heavy vehicle) routes.

In this article, assignments shall mean the

assignments of mail service couriers to routes or other
duties in the mail service courier category. The term “route”
is used solely for the purpose of this article and may
include, separately or collectively, duties dealing with:

(a) the organization of mail for delivery according

to established methods,

(b) delivery of mail to relay boxes,

(c) delivery of mail to addresses,

(d) the collection and transportation of mail from

street letter receptacles and between postal
installations or between postal installations
and airports, shipping ports or railway
terminals, in accordance with a predetermined
pattern of travel, and

(e) other related duties as provided in the job

description for mail service couriers.
 336

46.02 Definition of “Unit”

For the purpose of the restructuring of routes

under this article, “unit” is defined as a number of
employees in the mail service courier category grouped
together in a post office.

Usually, units, or in the case of small post

offices, a unit, are established by severing or combining
duties mentioned above in order to meet operational
requirements. A unit is established following meaningful
consultation between the Corporation and the Union local.

All mail service couriers shall be assigned to

a unit.

46.03 Union Observers

(a) When the Corporation carries out a major

restructuring exercise, the Union may appoint
qualified observers based on the following
rules:

(i) When a route type delivery rate

sampling exercise is conducted, the
Union may appoint one observer per
rate sampling exercise.

(ii) When a parcel volume count is

conducted in an installation, the Union
may appoint one observer.

If the volume count is performed on

more than one shift, the Union may
appoint one observer per shift.

(iii) During the restructure phase, the Union

 337

may appoint the same number of

observers as the number of routes
being simultaneously restructured.

(iv) When timing exercises are performed

for relay/SLB/shuttle functions, the
Union may appoint one observer per
timing exercise.

(b) The provisions of paragraphs 47.03(b) and (c)

shall apply to clause 46.03.

(c) Irregularities

The Union observers must immediately inform

the Corporation of any irregularities related to
any phase of the restructuring exercise and of
any other relevant findings.

The Union observers shall not in any way

impede the restructuring exercise.

(d) The observers appointed under clause

46.03(a) shall be paid by the Corporation,
unless they are full-time officers of the Union.

46.04 Forms

In the restructuring of mail service courier

routes, the forms referred to in clause 47.07 shall be the
following:

- form 101 - MSC Shuttle Route

Verification - Scheduled Detail of Duty

- form 102 - MSC Shuttle Route

Verification - Detail of Actual Time on
 338

Duty

- form 103 - Inventory and Line of Route

- form 104 - Parcel Route Sampling

- form 105 - Parcel Route Sampling

- form 106 - Daily Workload

- form 111 – Summary of Mail Service

Courier Workload

46.05 Minor Restructuring

The word “calls” found in clause 47.16 shall,

for the mail service courier category, be replaced by the
word “duties”.

46.06 Workload Assessment Exercise

The expression “volume count” found in

clause 47.12 shall, for the mail service courier category, be
replaced by the words “workload assessment exercise”.

46.07 Inapplicable Clauses

Clauses 47.06, 47.23 and 47.24 do not apply

to the restructuring of mail service courier routes.

46.08 Restructuring of Mail Service Courier

(Heavy Vehicle)

This article will apply to the restructuring of

mail service courier (heavy vehicle) assignments.
 339

46.09 Selection of Routes

When the restructuring of mail service courier

routes affects routes in more than one unit, the units involved
may be combined for the purpose of the bidding process that
follows the restructuring with local consultation and
agreement.

ARTICLE 47

RESTRUCTURING OF LETTER CARRIER

ROUTES
47.01 (a) Definition of “Restructuring Exercise”

A restructuring exercise is comprised of all or

a combination of the following phases:

(i) preparation phase;

(ii) volume count phase;

(iii) assessment phase;

(iv) restructuring phase.

(b) Definition of “Unit”

For the purpose of restructuring of routes

under this article, “unit” is defined as a
number of employees in the letter carrier
category grouped together in a postal
installation.

Usually, there is one unit to a postal

installation providing letter carrier delivery.
However, in the case of larger postal
 340

installations, there may be more than one unit.

All letter carriers shall be assigned to a unit.

47.02 Schedule

The Corporation shall provide the National

Director of the Union with a twelve (12) month
implementation schedule of the restructuring exercises. The
National Director of the Union will be notified of subsequent
changes to the schedule, together with the reasons for it,
prior to the change being made.

The Corporation shall inform the local Union

in writing, at least ten (10) working days prior to the
beginning of the restructuring exercise and indicate, if the
case arises, whether route restructuring work will be
performed at a site other than the postal installation
concerned.

47.03 Union Observers

(a) During the route restructuring process in a

unit, the Union may appoint qualified Union
observers based on the following rules:

(i) For the preparation phase, the Union

may appoint one (1) observer. This
person shall be paid by the Union.

(ii) When a volume count takes place in a

unit, the Union may appoint one (1)
observer during this phase.

(iii) The Union may appoint an additional

observer for all or part of the duration of
the volume count phase, when
 341

conducted. This person shall be paid

by the Union.

(iv) During the assessment phase, the

Union may appoint one (1) observer.
This person shall be paid by the Union.

(v) During the restructuring phase in a unit,

the Union may appoint the same
number of observers as the number of
routes being simultaneously modified
or established.

(vi) The observers appointed under sub-

paragraphs (ii) and (v) above shall be
paid by the Corporation, unless they
are full-time officers of the Union.

(b) When the restructure phase is done at a site

other than the postal installation being
restructured, and such other site is located
beyond forty (40) kilometres, the Union’s
observers, other than full-time officers of the
Union, will be entitled to appropriate travel
expenses as per the corporate travel policy
and the collective agreement.

(c) Paragraph (b) will apply only if the Union

observers are regular employees of the depot
or installation being restructured or members
of the Union local.

Further, if such person exists, the Union

agrees to use, ahead of all others, observers
with knowledge of the depot or installation
being restructured, unless such persons are
not available.
 342

47.04 Access to Information

On August 23, 2018, the Parties agreed to a

Memorandum of Agreement titled “Access to Information
Pursuant to Article 47 of the Collective Agreement” and its
Schedules (ATI MOA).

The ATI MOA forms an integral part of the

collective agreement.

Unless otherwise provided for in the ATI MOA,

the following provisions continue to apply:

The Union observer may have access to all of

the necessary forms used by the route measurement officer
during the restructuring exercise in that postal installation.

The forms will be made available for

photocopying in the postal installation where the
restructuring phase is taking place if that installation has
photocopy equipment. The photocopying shall be performed
by the Union observer within the time allotted to observe the
restructuring exercise.

The information shall be available

electronically, unless otherwise provided in the ATI MOA.

47.05 Irregularities

(a) The Union observer(s) must immediately

inform the Corporation of any irregularities
related to the volume count, when conducted,
or the restructuring phase and of any other
relevant findings.

(b) Irregularities raised under clause 47.05 (a)

 343

shall be identified on the forms used by the

route measurement officer during the
restructuring exercise.

(c) The Union observer(s) shall not in any way

impede the restructuring exercise.

47.06 Timely Use of Volume Count Data

Where the assessment of letter carrier routes

involves a new volume count every effort shall be made to
utilize the information within four (4) months from the date
the volume count was conducted. If the information is not
utilized within six (6) months, provided there is no
unforeseen disruption in the implementation schedule, it will
become obsolete and a new volume count will be conducted.

The month of December shall be excluded in

the calculation of the six (6) month period referred to above.

47.07 Conclusion of the Route Restructure

Exercise

Upon completion of a route restructure

exercise in a unit, the Corporation shall supply the Union
local with a copy of the new proposed routes, the proposed
implementation date and copy of the following forms, if used:

- form 073 - The City Mail Volume Index;

- form 074 - The Summary of Original

Individual Route Assessment;

- form 075 - The Summary of Adjusted

Individual Route Assessment;
 344

- form 083 - The Calculation of Coverage

of Points Delivery;

- Letter Carrier Route Restructure

Implementation Report.

Upon agreement between the parties, the

above-mentioned forms are provided by means of a data
storage medium.

47.08 Verification and Notification by the Union

The Union local shall have fifteen (15) working

days to verify the above-mentioned information and to notify
the Corporation of any perceived irregularities.

47.09 Consultation

The Corporation shall consult with the Union

local on any concerns raised by the Union. Following this
consultation, an implementation date shall be provided to the
Union.

The new routes may be implemented on such

date.

47.10 Disagreements

If there is a disagreement between the parties

concerning the physical characteristics of an individual route
as described in the assessed value for each segment of the
individual route or new volume count data, which has been
brought to the attention of the Corporation during the
exercise but has not been resolved, a grievance may be
presented by the Union.
 345

47.11 Grievance Procedure

Except as provided below, the provisions in

Article 9 will apply.

(a) The grievance must be presented at the local

level no later than ten (10) working days after
the consultation and the Corporation shall reply
to the grievance within the following five (5)
working days.

(b) The Union may thereafter refer the grievance

to regular arbitration no later than fifteen (15)
working days from the date of the
Corporation's reply. If the Corporation does
not reply to the grievance within five (5)
working days, the grievance may be referred to
arbitration at the expiry of the five (5) days.

(c) The grievance is heard as a matter of priority.

(d) During the hearing of the grievance each party

shall only call one (1) witness unless otherwise
allowed by the arbitrator.

(e) The arbitrator's decision will be final and delays

in implementing changes, if any, will be
reduced as much as possible.

(f) Within thirty (30) working days of the signing of

the collective agreement, the parties will
designate for each geographical area, two
arbitrators whose names appear in clause
9.39 responsible to hear the grievances
provided for in this clause.

(g) If the parties are unable to agree on this

 346

appointment, the appointment will be made by

the Minister of Labour.

47.12 Selection of Assignments

After the restructuring of routes, the

assignments of employees are made in accordance with
the procedure set forth hereinafter. For that purpose, letter
carriers who held an assignment in this unit on the first day
of the volume count or, when no volume count is
conducted, on the first day of the restructuring phase, are
deemed to be letter carriers in the unit.

Letter carriers may only bid for assignments

within their classification.

47.13 Types of Restructuring Exercises

(a) A restructuring exercise affecting fifty percent

(50%) or more of the routes in a unit is
considered as a major restructuring exercise
and the selection procedure contained in
clause 47.14 will apply.

(b) A restructuring exercise affecting less than

fifty percent (50%) of the routes in a unit is
considered as a minor restructuring exercise
and the selection procedure contained in
clauses 47.15 to 47.18 will apply.

(c) The parties shall meet at the local level to

determine whether the restructuring exercise is
major or minor.

47.14 Major Restructuring Exercise

In the case of a major restructuring exercise,

 347

all assignments in the unit will be opened for bidding by

seniority among letter carriers in the unit described in
clause 47.12.

After this bidding has taken place, all

remaining vacant assignments will then be opened for
bidding by seniority on a post office-wide basis, with
preference to be given to bids from those units that were
part of the original post office where amalgamation has or
does take place.

47.15 Minor Restructuring Exercise

In the case of a minor restructuring exercise,

the selection of routes may be made under the methods
outlined in clause 47.16 or 47.17, as decided by the Union
local, whose representatives shall inform the Corporation
accordingly.

47.16 First Method in Case of Minor Restructuring

Exercise

The routes affected are dealt with on an

individual basis as follows:

Where fifty percent (50%) or more of the calls

are retained on a route, the present holder may retain it.

If he or she does not wish to do so, the route

will be opened for bidding by seniority among letter carriers
in the unit described in clause 47.12.

This bidding procedure shall also apply with

respect to each route on which less than fifty percent (50%)
of the calls are retained and any additional route created as
a result of the restructuring exercise.
 348

47.17 Second Method in Case of Minor

Restructuring Exercise

The letter carriers assigned to routes which

were restructured will bid by seniority on these routes
including any additional routes. Vacant routes, if any, will
then be open for bidding by seniority by the letter carriers
described in clause 47.12.

47.18 Remaining Routes

After the bidding under clauses 47.16 and

47.17 has taken place, all remaining vacant routes will then
be opened for bidding on a post office-wide basis, with
preference to be given to bids from those units that were part
of the original post office where amalgamation has or does
take place.

47.19 Reduction of Assignments

Where a reorganization of routes in a unit

results in a reduction of assignments in a classification,
clauses 47.12 to 47.18 shall not apply and all the
assignments in the classification shall be opened for bidding
by seniority among all the employees in this classification in
the unit.

Following the application of this procedure,

Part C of Article 13 shall apply for the filling of vacant
assignments.

If, following this bidding, there is no vacancy

in the post office in the same classification as the affected
employee, the affected employee may displace the most
junior employee holding a position in the same
classification in the post office.
 349

Any displaced employee shall benefit from the

provisions of Article 53.

47.20 Transferring of Routes From One Unit to

Another

Where routes are transferred from one unit to

another the employees in the unit which will lose routes are
notified as to which routes are to be moved.

All routes, including those that are to be

moved, will then be opened for bidding to employees of the
classification concerned in the unit on the basis of seniority
prior to any transfer of routes.

47.21 Increase and Reduction of Routes

Where a reorganization in a given unit results

simultaneously in an increase in the number of full-time
routes and a decrease in the number of part-time routes, and
a part-time letter carrier remains without assignment after the
application of clauses 47.14 to 47.18, the opportunity to
become a full-time letter carrier in the assignments
remaining vacant after the bidding process of clauses 47.14
to 47.18 shall be offered on the basis of seniority to part-time
letter carriers of the post office.

The number of part-time letter carriers who

may become full-time letter carriers in this manner shall not
exceed the number of part-time routes eliminated as a
result of the reorganization.

The remaining vacant positions following the

application of this clause shall be filled in accordance with
the provisions of Part B of Article 13 and clause 44.26 and
vacant assignments shall be filled by Part C of Article 13.
 350

47.22 Result of Reorganization of Part-time

Routes

When a major or minor reorganization is

occurring in a location, part-time routes are subject to all
clauses in Article 47 and shall be treated in the same
manner as full-time routes.

47.23 City Mail Volume Index

Until the applicable ATI MOA clauses are

implemented, a city mail volume index shall be provided to
the Union local upon request, a maximum of once every
three (3) months.

Upon agreement between the parties, the

above-mentioned forms are provided by means of a data
storage medium.

Upon the implementation of the applicable

ATI MOA clauses, clause 47.23 will no longer be in effect.

47.24 Summary of Adjusted Individual Route

Assessment

Until the applicable ATI MOA clauses are

implemented, a copy of the “Summary of Adjusted Individual
Route Assessment” for each letter carrier postal installation
shall be provided to the National Director of the Union on a
quarterly basis and on completion of a major or minor
restructuring exercise.

Upon agreement between the parties, the

above-mentioned forms are provided by means of a data
storage medium.

On completion of a major or minor

 351

restructuring exercise, the employer shall also provide the

National Director of the Union with an electronic copy of the
Letter Carrier Route Restructure Implementation Report for
the installation that has been restructured.

Upon the implementation of the applicable

ATI MOA clauses, clause 47.24 will no longer be in effect.

47.25 Geographical Area

The parties may agree locally to conduct the

bidding provided for in clauses 47.14, 47.18 and 47.21
within a smaller geographical area rather than on a post
office-wide basis.

ARTICLE 48

WORK PATTERNS - LETTER CARRIERS

The parties agree that the following will form

work patterns for letter carriers:

48.01 Starting Time

(a) Starting times for all full and part-time routes

operating from various postal installations
may vary, but the starting time must be the
same for all routes of the same type operating
from the same postal installation.

(b) When determining hours of duty performed by

letter carriers and eligibility for overtime
payment, official starting times are used
unless recorded arrival times are later than
the official starting times.

(c) Starting times are based on:

 352

(i) normal volume of mail and the time

required to prepare it for delivery,
permitting the letter carrier to depart at
a time acceptable to service
requirements; and

(ii) availability of transportation for the

employee to travel to his or her place of
work; and

(iii) availability of transportation at his or

her normal departure time.

(d) The following types of routes are suggested

for use when determining official starting time
based on preparatory requirements:

(i) Residential Single Dwelling (Res. S.D.)

(ii) Residential High-Rise area (Res. H.R.)

(iii) Residential Combination (Res. Comb.)

(iv) Residential Business (Res. Bus.)

(v) Business: Shopping complexes/office

towers

48.02 Normal Departure Times

(a) (i) There must be a normal time in the

morning for all letter carriers which will
be established by averaging over a one
(1) month normal volume period, the
departure times of all letter carriers
operating from the same postal
 353

installation.

(ii) Where there is an individual walk or

walks that cannot, on a consistent
basis, meet the regular departure time,
consultation will be held at the local
level to establish a normal departure
time which will permit the full
processing of mail.

(iii) Notwithstanding sub-paragraphs

48.02(a)(i) and (ii), letter carriers who
have completed all of their duties will
be permitted and/or may be requested
to leave in advance of their normal
departure time.

(b) Letter carriers should leave the office in the

morning at a regular hour. However, they
may be requested by the supervisor to sort
mail beyond their normal departure time in
accordance with clauses 48.06 and 48.07.

48.03 Distribution of Work on Letter Carrier

Routes

(a) Letter carrier routes are to be set up with a.m.

and p.m. portions using the Letter Carrier
Route Measurement assessment information.

(b) Letter carrier routes must be so arranged that

time off for meals shall be as close as
possible to mid-shift and shall be for a
minimum of one-half (½) hour. Therefore, a
letter carrier will not be allowed to commence
duty on the p.m. portion of his or her shift
before thirty (30) minutes after his or her
 354

evaluated finishing time on the a.m. portion.

(c) The a.m. portion of a letter carrier route

should therefore not exceed five (5) hours of
evaluated time. It follows therefore that the
p.m. portion should be no less than three (3)
hours of evaluated time.

(d) If a letter carrier experiences difficulty in

completing the morning portion of his or her
route within five (5) hours and this is caused
by the structuring of the route, the a.m.
finishing point on his or her route should be
advanced.

(e) When transportation of letter carriers for more

than one route is provided by the same
special means and a letter carrier is unable to
complete delivery of his or her a.m. portion
before the regular transportation pick-up time,
he or she is to stop his or her delivery and
proceed to the predetermined pick-up point at
the scheduled time. This will enable the letter
carrier to have his or her lunch break at the
regular scheduled time. Delivery of the a.m.
portion will be completed before commencing
delivery of the p.m. portion.

48.04 Meal On Route

Motorized Letter Carrier and their

Passengers

(a) Notwithstanding paragraphs 48.05(a), (b), (c),

48.06(b) and clause 48.08, motorized letter
carriers (mail mobile letter carriers and
motorized mail couriers) and their passengers
 355

may take their meal break on the route. The

meal location shall meet the following criteria:

(i) has toilets, hot water and facilities for

hand washing before the meal;

(ii) has proper furnishings for a meal;

(iii) has unrestricted access, including for

employees who bring their own food
and beverages;

(iv) has the same level of cleanliness, food

safety and hygiene as that required of a
public restaurant.

(b) Notwithstanding sub-paragraph 48.04(a)(iii), a

beverage allowance may be provided to an
employee with meal on route to allow them
access to a location that otherwise would not
allow them to bring their own food. This
allowance will be two dollars and fifty cents
($2.50) per day (gross amount before taxes)
and may be adjusted from time to time as
determined by the Corporation.

(c) If the employee identifies that the meal

location no longer meets the criteria set out in
paragraphs 48.04(a) and (b), he or she will
notify the supervisor who will investigate the
problem and, if necessary, identify an
alternate location. If no suitable location can
be found, the route will be adjusted to allow
the employee to return to the postal
installation to have his or her meal.

(d) Routes with meal on route shall be structured

 356

to allow for travel to and from the designated

meal location and shall be given the actual
transportation time, including time for parking.

(e) The provisions of paragraphs 14.05(a) and

48.03(b), as they apply to the meal period
being arranged as close as possible to mid-
shift, shall not apply to employees who take
their meal break on route.

Motorized Letter Carriers without

Passengers

(f) Notwithstanding paragraphs 48.05(a), (b), (c),

48.06(b) and clause 48.08, motorized letter
carriers (mail mobile letter carriers and
motorized mail couriers) without passengers
shall take their meal break on the route at the
location of their choice during the time period
identified in paragraph 14.05(c) and shall
receive a three (3) minute travel time
allowance to do so.

(g) In cases where an employee cannot find a

suitable meal location in his or her delivery
area within the meal window identified in
paragraph 14.05(c), he or she will notify the
Corporation. The Corporation will investigate
the problem and identify a suitable location
using the provisions found in paragraphs
48.04(a), (b), (d) and (e).

48.05 Processing of Mail

(a) Letter carriers serving residential routes will

normally prepare the mail for delivery for the
entire route in the morning. The letter mail for
 357

the afternoon delivery portion will be left in the

office to be picked up by the letter carrier after
lunch.

(b) Mail required to be processed at noon and

intended for the p.m. portion of the route is to
be delivered on that day.

(c) Cull mail, extra magazines, forms 29B, 67B,

etc. that cannot be processed in the a.m. are
to be processed at noon, as required, before
leaving the office for the afternoon delivery.

(d) The nature and frequency of mail despatches

or clearance to letter carrier units are to be
determined by local management.

48.06 Normal Volumes

(a) When the volume on individual walks is such

that it cannot be sorted by the normal
departure time, the supervisor may request
the employee to sort all priority mail
scheduled for delivery for that day.

(b) Non priority mail not sorted prior to the

departure time will be sorted at noon, as
required.

48.07 Abnormal Volumes

(a) “Abnormal volumes” are the additional

volumes made available for delivery through
the processing of backlogged mail by overtime
and/or temporary employees.

(b) When a backlog of mail occurs in mail

 358

processing, local management will determine

beforehand the need to schedule overtime
and/or temporary employees to process the
backlog.

(c) When a backlog of mail results in abnormal

volumes for the letter carriers, local
management may request letter carriers
concerned to report earlier on the next day on
an overtime basis.

(d) When abnormal volumes are processed and a

letter carrier has not been asked to report
earlier or he or she has not been called in
sufficiently far in advance of his or her normal
starting time, he or she may be held back
beyond the normal departure time to sort all
the priority mail that is scheduled for delivery
for that day.

48.08 A.M. Finishing Time

(a) Letter carriers are to return to their emanating

installation at noon immediately following the
completion of their a.m. delivery duties for the
purpose of washing up and recording their
a.m. finishing time.

(b) Letter carriers are to record their time of

arrival at the postal installation but will not
proceed to their work stations and commence
duty until their official starting time in the p.m.

48.09 Priority Mail

The supervisor will notify employees at the

start of the shift, or as soon as possible thereafter, what
 359

mail is classified as the priority mail for that day's delivery.

The decision as to what mail is priority mail

must be conveyed at the start of the shift unless the late
arrival of mail makes it impossible, in which circumstances,
the decision will be conveyed as soon as possible.

48.10 Relay Bundle Delivery

Where relay bundles are delivered by

motorized carriers, the motorized carrier route will be
structured in such a way so as to ensure that relay bundles
will be available when letter carriers on foot walks arrive at
their scheduled times at their relay stops. Where letter
carriers are unable to meet the departure time of the first
bundle drop, provisions should be made for later
despatches of bundles.

ARTICLE 49

WORK PATTERNS - MAIL SERVICE COURIERS

The parties agree that the following will form
work patterns for mail service couriers:

49.01 Starting Time

(a) All mail service courier assignments are to

have official starting times and are based on
the content of their assignments.

(b) Starting times for mail service couriers may

vary in order to meet various types of
services. Mail service couriers performing the
same assignment will normally have the same
starting time. However, where this is not
practicable, starting times may vary after local
 360

consultation. The starting time must be set far

enough in advance for the courier to:

(i) complete a prescribed “Vehicle

Operator's Safety Inspection”;

(ii) allow sufficient time to travel from the

courier's place of reporting to the postal
installation, or work assignment area
where the assignment is operating
from.

In establishing starting times, consideration

should also be given to the availability of
transportation for the employee to travel to his
or her place of work.

(c) When determining hours of duty performed by

mail service couriers and eligibility for
overtime payment, official starting times are
used unless recorded arrival times are later
than their official starting times.

(d) Paragraph 49.02(b) should be kept in mind

when establishing starting times.

49.02 Distribution of Work on Mail Service

Courier Assignments

(a) Mail service courier assignments must be so

arranged that time off for meals shall be as
close as possible to mid-shift and shall be for
a minimum of one-half (½) hour.

(b) The first portion of a mail service courier

assignment should be made up in such a way
that the on-duty time will range between four
 361

and one-half (4½) and five (5) hours.

(c) A mail service courier will not be allowed to

commence duty on the second portion of his
or her assignment before thirty (30) minutes
after his or her normal finishing time of the first
portion of his or her tour of duty.

(d) Mail service couriers shall have access to

lunchroom facilities at the postal installation
designated by the Corporation for this purpose
either in the area where he or she finishes the
first portion of his or her assignment or where
he or she begins the second portion of his or
her assignment. A sufficient number of
lockers are to be kept free at these postal
installations for the use of mail service
couriers.

(e) Mail service courier assignments are to be

made up in such a way as to minimize the
spread of the work day.

(f) If the first portion of a mail service courier shift

includes duties which must be started and
completed on a timely basis each day, e.g.
street letter box clearance, thereby presenting
difficulties in meeting paragraph 49.02(b), the
starting time of his or her assignment may
have to be altered accordingly.

49.03 Part-time Mail Service Couriers

In accordance with established Corporation

policy, part-time employees are to be used to meet
continuing part-time requirements, e.g. late street letter box
collection, late special deliveries, etc. A part-time employee
 362

in this context is defined as an employee working a minimum

of one third (1/3) the hours of a full-time employee in the
bargaining unit. The current practice of having weekend mail
service courier duties performed by part-time employees will
continue to apply.

49.04 Relay Bundle Departure Time

(a) Mail service couriers performing relay bundle

duties should leave the office in the morning
at a regular hour, keeping in mind that letter
carrier relay bundles must be available at the
time letter carriers reach their first relay stops.
The basic work distribution for letter carriers
stipulates that if the volume of mail does not
permit a letter carrier to leave the office at the
normal departure time, he or she may be
requested by his or her supervisor to sort mail
beyond his or her normal departure time in
accordance with clauses 48.06 and 48.07. On
these occasions, it follows that the mail
service courier's bundle run departure time
may also be delayed if requested beyond his
or her normal time. Where letter carriers are
unable to meet the departure time of the first
bundle trip, provisions should be made for
later despatches of bundles.

(b) MSC relay bundle delivery duties will not be

combined with street letter box clearance
duties.

49.05 Services Excluded from the MSCWSS

Non-daily programmed Priority Post Services,

on demand Priority Post Services and non-daily Pick Up for
a Fee (P.U.F.F.) may be excluded from the Mail Service
 363

Courier Workload Structuring System after local

consultation.

ARTICLE 50

ROLE OF LETTER CARRIER AND ROUTE

MEASUREMENT SYSTEM IN THE EVALUATION
OF WORK PERFORMANCE

50.01 Role of Letter Carrier and Route

Measurement System in the Evaluation of
Work Performance

(a) The Corporation recognizes that the Letter

Carrier Route Measurement System,
(LCRMS) as described in the Route
Measurement Manual, is based on averages.
On days when volumes, climatic, and walking
conditions are extreme, overtime may be
necessary to complete delivery. In situations
where an employee is not completing his or
her assignment within the prescribed hours of
duty on a regular basis, the LCRMS is to be
used solely as a means of establishing
whether the source of the problem is related
to the workload on the route under normal
conditions as opposed to evaluating the
employee performing the assignment. The
above principles will also apply to mail service
couriers and their assignments. The
Corporation's findings on the above are to be
included in any discussions with the employee
and the Union steward, if the employee so
desires.

(b) An employee who is able to demonstrate the

workload is excessive may submit a written
 364

request for verification. The Corporation shall

perform a route verification within three (3)
months of this request. Should a volume
count be required as part of the verification,
the months of July, August and December
shall be excluded from this period.

(c) Employees cannot be counselled for work

performance or for showing overtime until the
provisions of Article 50 have been applied and
copies of the Corporation's findings given to
the local union representative. The above
procedure does not apply to employees
recording overtime due to misconduct. It is
understood that the employee requesting the
verification will provide the Corporation with
the information required to perform the
verification.

(d) Notwithstanding paragraph 50.01 (b), a

request for route verification will not be
accepted within thirty (30) days following the
implementation of a restructure or an
employee’s initial assignment to a route.

(e) Notwithstanding paragraph 50.01 (b), in lieu of

individual route verifications, the Corporation
may elect to perform a verification as part of a
restructuring exercise if the office is scheduled
to start a restructure within the next six (6)
months.

(f) If the verification conducted under 50.01 (b) or

(e) shows an over-assessment, the employee
will be paid in accordance with Appendix “V”
or alternatively he or she may be provided
with help for the over- assessment until
 365

adjustment can be made. Reasonable effort

will be made to adjust a route which is over-
assessed by fifteen (15) minutes or more
within three (3) months. Where it is not
possible to make such an adjustment,
alternate accommodation may be made by
local agreement.

ARTICLE 51

SELECTION OF ASSIGNMENTS BY MAIL

SERVICE COURIER (RELIEF) AND MAIL
SERVICE COURIER (HEAVY VEHICLE)

51.01 Selection of Assignments and MSC Priority

Assignments

Except as otherwise provided in the collective

agreement, mail service couriers (relief) covered by this
article will be given preference to perform the following
relief assignments:

(a) vacation relief;

(b) relief for other absences.

(c) Upon local agreement, vacation relief

assignments under paragraph 51.01(a) and
relief for other absence assignments under
paragraph 51.01(b) are to be combined for the
purpose of bidding. Where this option is
exercised all other provisions of Article 51
apply.

In the application of paragraphs 51.01(b) and

(c), and except as provided in paragraph
51.01(e), where a mail service courier (relief)
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has exercised his or her seniority on an

assignment, he or she will be required to
remain on the assignment for the duration of
the absence of the employee being replaced.

(d) Under the circumstances where a mail service

courier (relief) has not been given a choice of
relief assignments, he or she can bid onto
another relief assignment on the first
occasion, where a choice of assignments is
made available, providing that the change in
assignments has no adverse service impact -
e.g. unduly delay the collection and delivery of
mail. (Undue delay in collection and delivery
of mail is defined as one-half (½) hour or more
work delay between assignments.)

(e) When a need arises necessitating the removal

of a mail service courier (relief) covered by
this article from an absence relief assignment
to perform other mail service courier (relief)
duties, the Corporation will assign such work
to the senior volunteer. In the absence of
such a volunteer, the most junior mail service
courier (relief) covered by this article who is
covering absence relief in the area concerned
will be assigned to the required work.

(f) In order to give proper meaning and

application to paragraph 51.01(e) a mail
service courier (relief) may be moved from the
absence assignment he or she had chosen to
be placed on a priority assignment.

The priority assignments are as follows:

(i) shuttle services

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(ii) relay bundle routes

(iii) street letter box routes

(iv) priority post duties

(v) large volume mailers pick-up.

51.02 Determination of Assignments

Assignments shall be determined in the

following manner:

(a) Assignments shall be given to mail service

couriers (relief) on the basis of seniority.

(b) An employee who indicates before going on

leave his or her desire to be made aware of
assignments coming open for bid under this
article and who leaves an address to be
notified, will be so notified by registered mail.

(c) Notwithstanding this clause, where

amalgamation of post offices has or does take
place the local Union affected may retain for
its mail service couriers (relief) preference for
such assignments before such assignments
are opened for bidding on a post office-wide
basis.

51.03 Where There Is No Work Available

(a) Notwithstanding clause 51.02, where work is

not available in the selected mail service
courier assignment (relief), the mail service
courier (relief) will be required to perform other
 368

available mail service courier (relief) duties.

(b) Furthermore, when there is no further

requirement for relief in his or her own postal
unit, a mail service courier (relief) can be
assigned, on a daily basis, outside his or her
own postal unit. In the case of clause 17.04,
the Corporation can use this mail service
courier (relief) prior to applying sub-
paragraphs 17.04(b)(i) to (iv).

(c) The postal unit where the mail service courier

(relief) is assigned must be located within a
thirty (30) kilometre radius of his or her own
postal unit unless the parties have agreed or
agree otherwise, or unless the mail service
courier (relief) is provided with a corporate
vehicle.

(d) The mail service courier (relief) who is

assigned to another postal unit is deemed to
be working as of the time he or she arrives at
his or her own postal unit at the beginning of
his or her shift.

(e) When a mail service courier (relief) is assigned

to another postal installation, and no corporate
vehicle is available, the Corporation will
provide transportation between the two postal
installations both ways unless the mail service
courier (relief) refuses return transportation.

(f) The travelling time between postal units is

deemed to be time worked for pay purposes.
 369

51.04 Application for MSC(HV)

Except as otherwise provided for in the

collective agreement, a mail service courier (heavy vehicle)
shall be given assignments as provided for under
paragraphs 51.02(a) and (b).

When employees in the mail service courier

(heavy vehicle) classification are not required to perform
duties in the classification of mail service courier (heavy
vehicle), they will be required as requested to perform any
and all other duties required of the mail service courier
classification.

The above-mentioned employees in the mail

service courier (heavy vehicle) classification are not
required for shunting duties when for example:

(1) no duties are available in the classification,

(2) mail processing does not require the mail.

The Corporation will provide the Union and the

employees in the mail service courier (heavy vehicle)
classification with an assigned work schedule as agreed to
by the national parties.

51.05 MSC(R) Complement

The full-time and part-time MSC(R)

complement will be calculated at the unit or installation level
using the following criteria:

(a) Full-time MSC(R):

A minimum criteria of one (1) in twelve (12) for

 370

vacation relief and one (1) in eighteen (18) for

relief for other absences. Requirements
greater than the minimum criteria will be
based on bar charts and should they show
that additional full-time MSC(R) assignment(s)
would have been required more than sixty-five
percent (65%) of the preceding twelve (12)
month period, additional position(s) will be
established.

There will be a minimum of one (1) MSC(R)

per unit or installation.

Current rounding-off practices shall continue.

(b) Part-time MSC(R):

Part-time MSC(R) positions may be

established based on relief requirements to
provide relief for afternoon and weekend part-
time MSCs.

A minimum criteria of one (1) in twelve (12) for

vacation relief and one (1) in eighteen (18) for
relief for other absences. Requirements
greater than the minimum criteria will be
based on bar charts and should they show
that additional part-time MSC(R)
assignment(s) would have been required
more than sixty-five percent (65%) of the
preceding twelve (12) month period, additional
part-time MSC(R) position(s) will be
established.

(c) Bar Charts:

(i) For each working day in the twelve (12)

 371

month period, the bar charts will

indicate the relief complement required
for coverage. The twelve (12) month
period will run from September 1 to
August 31.

(ii) At the end of every month, if so

requested, the Corporation shall
provide the Union local with a copy of
the bar charts. The Corporation shall
also provide, upon request, any
additional information needed by the
Union to verify the proper application of
this clause.

(iii) On a monthly basis the parties at the

local level will review the absences to
determine whether an absence is
included or excluded in the bar charts
calculation for the previous month.

(iv) Between September 15 and October

15 of each year the parties will review
the data and discuss the preceding
twelve (12) month period results to
determine whether adjustments are
required to the relief complement. No
later than December 31, the number of
positions over and above the minimum
relief complement will be adjusted
upwards or downwards as dictated by
the bar charts. Any changes, if
required, will become effective January
1 of each year.

(v) Should the bar charts show that a relief

 372

assignment(s) over and above the

minimum relief complement is no
longer required, the position(s) may be
deleted no earlier than December 31 of
the current year. If an employee must
be displaced as a result, it shall be the
most junior employee in the
classification, within the unit.

(vi) If a vacant assignment exists within the

classification and post office, the
displaced employee will be temporarily
assigned to that vacant assignment
until the next bid process set out in Part
“C” of Article 13 occurs.

(vii) If there is no vacant assignment in the

post office in the same classification as
the displaced employee, that employee
may displace the most junior employee,
with less seniority, holding an
assignment in the same classification in
the post office.

(viii) Following the application of this

process, an employee(s) without
position may be declared surplus by
the Corporation. In such case, the
employee shall have the benefits of
Article 53.

(ix) If the employee is not declared surplus,

he or she will remain unassigned and
may participate in the next bid process
set out in Part “C” of Article 13.
 373

ARTICLE 52

SELECTION OF ASSIGNMENTS BY RELIEF

LETTER CARRIERS

52.01 Selection of Assignments

Except as otherwise provided in the collective

agreement, relief letter carriers covered by this article will
be given preference to perform the following relief
assignments:

(a) vacation relief;

(b) relief for other absences.

(c) Upon local agreement, vacation relief

assignments under paragraph 52.01(a) and
relief for other absences assignments under
paragraph 52.01(b) are to be combined for the
purpose of bidding. Where this option is
exercised all other provisions of Article 52 still
apply.

In the application of paragraphs 52.01(b) and

(c), and except as provided in paragraph
52.01(e), where a relief letter carrier has
exercised his or her seniority on an
assignment, he or she will be required to
remain on the assignment for the duration of
the absence of the employee being replaced.

(d) Under the circumstances where a relief letter

carrier has not been given a choice of relief
assignments, he or she can bid onto another
relief assignment on the first occasion where a
 374

choice of assignments is made available

providing that the change in assignments has
no adverse service impact - e.g. unduly delay
delivery of mail. (Undue delay of delivery of
mail on residential assignments is defined as
one-half (½) hour or more work delay between
assignments.)

(e) When a need arises necessitating the removal

of a relief letter carrier covered by this article
from an absence relief assignment to perform
other relief letter carrier duties, the
Corporation will assign such work to the
senior volunteer. In the absence of such a
volunteer, the most junior relief letter carrier
covered by this article who is covering
absence relief in the area concerned will be
assigned to the required work.

(f) In order to give proper meaning and

application to paragraph 52.01(e), a relief
letter carrier may be moved from the absence
assignment he or she had chosen to be
placed on a priority assignment.

For the purpose of this clause, priority

assignment is considered as an assignment
on:

business walks that have two (2) or three (3)

deliveries per day and residential business
walks that are clearly defined on the route
measurement 075 sheet, motorized letter
carrier routes, labelling unit, and the priority
duties of the assistant to the letter carrier
supervisor including distribution of mail to
letter carrier cases, redirection duties under
 375

the new label redirection program, distribution

of householder mail and any other
assignments as duties determined through

local consultation to be essential to service

requirements.

It is recognized that the local parties may

mutually agree to define other assignments as
priorities in order to maintain the quality of
service at a satisfactory level, minimize the
number of complaints about late delivery to
business calls and that the seniority rights of
employees must be protected.

52.02 Determination of Assignments

Assignments shall be determined in the

following manner:

(a) Assignments shall be given to relief letter

carriers on the basis of seniority.

(b) An employee who indicates before going on

leave his or her desire to be made aware of
assignments coming open for bid under this
article and who leaves an address to be
notified, will be so notified by registered mail.

(c) Notwithstanding this clause, where

amalgamation of post offices has or does take
place, the local Union affected may retain for
its relief letter carriers covered by this article,
preference for such assignments before such
assignments are opened for bidding on a post
office-wide basis.
 376

52.03 Where No Work is Available

(a) Notwithstanding clause 52.02, where work is

not available in the selected relief letter carrier
assignment the relief letter carrier will be
required to perform other available relief letter
carrier duties.

(b) Furthermore, when there is no further

requirement for relief in his or her own postal
installation, a relief letter carrier can be
assigned, on a daily basis, outside his or her
own postal installation. In the case of clause
17.04, the Corporation can use this relief letter
carrier prior to applying sub-paragraphs
17.04(a)(i) to (iv).

(c) The postal installation where the relief letter

carrier is assigned must be located within a
thirty (30) kilometre radius of his or her own
postal installation unless the parties have
agreed or agree otherwise.

(d) The relief letter carrier who is assigned to

another postal installation is deemed to be
working as of the time he or she arrives at his
or her own postal installation at the beginning
of his or her shift.

(e) When a relief letter carrier is assigned to

another postal installation, the Corporation will
provide transportation between the two postal
installations both ways, unless the relief letter
carrier refuses return transportation.

(f) The travelling time between postal installations

is deemed to be time worked for pay purposes.
 377

52.04 Relief Letter Carrier Complement

The relief letter carrier complement will be

calculated at the unit or installation level using the following
criteria:

(a) Relief Letter Carrier

A minimum criteria of one (1) in twelve (12) for

vacation relief and one (1) in eighteen (18) for
relief for other absences. Requirements
greater than the minimum criteria will be
based on bar charts and should they show
that additional relief letter carrier
assignment(s) would have been required
more than sixty-five percent (65%) of the
preceding twelve (12) month period, additional
position(s) will be established.

There will be a minimum of one (1) RLC per

unit or installation.

Current rounding-off practices shall continue.

(b) Bar Charts

(i) For each working day in the twelve (12)

month period, the bar charts will
indicate the relief complement required
for coverage. The twelve (12) month
period will run from September 1 to
August 31.

(ii) At the end of every month, if so

requested, the Corporation shall
provide the Union local with a copy of
 378

the bar charts. The Corporation shall

also provide, upon request, any
additional information needed by the
Union to verify the proper application of
this clause.

(iii) On a monthly basis the parties at the

local level will review the absences to
determine whether an absence is
included or excluded in the bar charts
calculation for the previous month.

(iv) Between September 15 and October

15 of each year the parties will review
the data and discuss the preceding
twelve (12) month period results to
determine whether adjustments are
required to the relief complement. No
later than December 31, the number of
positions over and above the minimum
relief complement will be adjusted
upwards or downwards as dictated by
the bar charts. Any changes will
become effective January 1 of each
year.

(v) Should the bar charts show that a relief

assignment(s) over and above the
minimum relief complement is no
longer required, the position(s) may be
deleted no earlier than December 31 of
the current year. If an employee must
be displaced as a result, it shall be the
most junior employee in the
classification, within the unit.

(vi) If a vacant assignment exists within the

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classification and post office, the

displaced employee will be temporarily
assigned to that vacant assignment
until the next bid process set out in Part
“C” of Article 13 occurs.

(vii) If there is no vacant assignment in the

post office in the same classification as
the displaced employee, that employee
may displace the most junior employee,
with less seniority, holding an
assignment in the same classification in
the post office.

(viii) Following the application of this

process, an employee(s) without
position may be declared surplus by
the Corporation. In such case, the
employee shall have the benefits of
Article 53.

(ix) If the employee is not declared

surplus, he or she will remain
unassigned and may participate in the
next bid process set out in Part “C” of
Article 13.

52.05 Relief Motorized Mail Courier

Part-time relief motorized mail courier

positions may be established based on relief requirements
to provide relief for afternoon and weekend part-time
motorized mail couriers. Such positions shall be
established in accordance with clause 52.04.
 380

ARTICLE 53

EMPLOYMENT SECURITY
A. EMPLOYMENT SECURITY

53.01 There shall be no lay-off of any regular

employee who was employed in the bargaining unit as of
June 1, 2020 provided the employee agrees to be
displaced to another position in accordance with the
procedure set forth hereinafter. The same shall apply to
any other employee who becomes a regular employee
after June 1, 2020 and who has five (5) years or more of
continuous employment.

53.02 A regular employee not covered by clause

53.01 will not be laid off provided the employee agrees to
be displaced to another position in accordance with the
procedure set forth hereinafter.

B. DEFINITION

53.03 In this article, “zone” means the area within a

forty (40) kilometre radius of a postal installation or, as the
case may be, the territory that constitutes a MAPP area.

C. NOTICE AND INFORMATION

53.04 The Corporation shall post, in each postal

installation, a list of all positions and assignments which will
be declared surplus within the post office, ten (10) days
prior to the day on which the positions and assignments are
declared surplus.

When there is more than one assignment in a

classification in a section and on a shift, the Corporation
shall declare as surplus the position and assignment held
 381

by the employee with the least seniority. If there is no

section, the Corporation shall declare as surplus the
position and assignment held by the employee within the
classification and shift who has the least seniority in the
postal installation.

When there are surplus positions in Group 2

not resulting from a route restructuring under Article 46 or
47, the Corporation shall declare as surplus the position
and the assignment held by the employee within the
classification concerned with the least seniority

(i) within the postal installation if several

units are fully encompassed by this
installation;

(ii) within the unit in other situations.

53.05 The Corporation shall concurrently post a like

notice identifying in each group within a post office an
equivalent number of employees on the basis of the reverse
order of seniority. These employees shall hold a position of
the same status as the surplus position. The employees so
identified will be deemed surplus and subject to be
displaced to a vacant position in accordance with Parts D
and E of this article.

53.06 The Corporation shall also concurrently post a

listing of all vacant positions of the same status as the
positions held by the surplus employees which the
Corporation intends to fill in all installations in the post office
in which the surplus is declared and in other installations
that are located within the zone where the surplus is
declared.

53.07 The positions as defined in clause 53.06

which become vacant following the posting shall also be
 382

filled in accordance with Parts D, E and F of this article as

long as the number of surplus employees in the zone
exceeds the number of vacant positions posted in
accordance with clause 53.06.

Positions that become vacant after the

required number of vacant positions by status has been
reached shall be filled in accordance with Article 13.

53.08 At the same time as the posting of the list of

surplus positions under clause 53.04 the Corporation will
post, in the post office and in all installations within the zone
where the surplus exists, a notice inviting employees
working in the same group and having the same status as
the surplus employees to submit applications to vacant
positions in postal installations located beyond the zone.

Such notice is for information purposes only

and it is incumbent on employees to submit their
applications in writing within ten (10) calendar days of the
date the notice is posted.

53.09 The Corporation agrees to provide each local

concerned and the national level of the Union with a copy of
all requests submitted as well as a list containing the
following information on all employees requesting positions
pursuant to clause 53.08:

- Name of employee
- Human Resource ID number
- Classification
- Section where employee works
- Location(s) to which applications are filed.

53.10 Where employees become surplus as a result

of a reorganization conducted pursuant to Article 46 or 47,
the provisions of clause 53.04 shall not apply and the
 383

notices referred to in clauses 53.05, 53.06 and 53.08 will be

posted only after the completion of the procedure described
in clause 47.19.

The employees to be identified in the notice

referred to in clause 53.05 shall be the employees
described in clause 47.19.

53.11 The Corporation shall provide the Union at the

national and local levels with copies of all lists posted under
this clause.

D. CREATING AND FILLING VACANT

POSITIONS WHERE SURPLUSES EXIST

53.12 Where there are surplus employees in a post

office and a position is vacant within the same group and
status in a post office located beyond the zone, this vacant
position is first offered to the employees working in the post
office where there are surplus employees and then to
employees working within the zone where there are surplus
employees before the start of the application of clause
53.13, provided that:

there are no surplus employees of the same

group in the post office where the position is
vacant or in the zone where a vacant position
exists.

The position is offered by seniority to the

employees of the same group and status in accordance
with clause 53.08. In such a case, the employee shall be
entitled to the allowances provided in clauses 53.20 and
53.21.

It is understood that the number of offers

made under clause 53.12 shall be limited to the number of
 384

vacant positions required to solve the surplus situation.

53.13 Vacant positions listed in the notice given

pursuant to clause 53.06 and those referred to in clause
53.07 shall be filled on the basis of seniority by employees
who meet the following conditions:

(a) have the same status as the surplus position;

(b) work in the zone where the surplus position

exists; and

(c) work in a different classification or post office

as the vacant position sought.

53.14 Applications to fill vacant positions under

clause 53.13 must be received within five (5) working days
of posting and the employees shall not be required to report
to their new position before the fifteenth (15th) working day
of receipt of their appointment notice. In addition, it is
understood that positions and assignments are filled solely
by seniority unless provided otherwise as per clause 13.07.

Employees who fill vacant positions as per

clause 53.13 are temporarily assigned to vacant
assignments within the classification and post office until
the next bid process described in Part C of Article 13.

E. DISPLACEMENTS OF SURPLUS
EMPLOYEES

53.15 Should a position remain vacant after the

application of the preceding clauses, it shall be filled from
employees of the same status still identified as surplus
working in a postal installation within the zone of the vacant
position. The Corporation shall identify the positions to be
filled, their location and an equivalent number of surplus
 385

employees in the reverse order of seniority. The identified

employees shall be allowed to choose, in order of seniority,
where they will be displaced. Employees shall have five (5)
working days to make their preference known, in writing,
and shall not be required to report to their new position
before the fifteenth (15th) working day of receipt of their
appointment notice.

Employees who are displaced to a vacant

position as per this clause are temporarily assigned to
vacant assignments within the classification and post office
until the next bid process described in Part C of
Article 13.

53.16 In the application of clause 53.15, the

employees shall first be displaced in a position in their
group. If there are no vacant positions in their group, the
employees are then displaced in a position in another
group. In addition, it is understood that positions and
assignments are filled solely by seniority unless provided
otherwise as per clause 13.07.

53.17 If the number of positions by status remaining

vacant after the application of Part D is not sufficient to
allow the displacement of all surplus employees within the
zone, the employees covered by clause 53.02, who remain
surplus after the application of Part D shall accept to be
displaced in any vacant position in the bargaining unit. In
such a case, the displacement process outlined in clauses
53.15 and 53.16 shall apply.

F. DISPLACEMENTS OF EMPLOYEES
WHOSE POSITIONS ARE SURPLUS

If, during the application of Part D, an

assignment of the same status, same group and within the
same installation as the employee whose position was
 386

declared surplus is vacated, Part F may be applied

immediately to resolve partially or totally the surplus
situation. It is understood that positions and assignments
are filled solely by seniority unless provided otherwise as
per clause 13.07.

53.18 When an employee whose position has been

declared surplus has not applied for or obtained another
position following application of the above clauses, the
employee shall be assigned to an assignment in his or her
classification or an assignment in a classification with the
same status in his or her group, in accordance with the
procedure outlined in this clause.

When a vacant assignment exists within the

post office in the same classification as the employee
concerned, paragraph 53.18(a), (b), (c) or (d) shall apply.
When a vacant assignment exists within the post office that
is not in the classification of the employee concerned but in
a classification with the same status in his or her group,
paragraphs 53.18(e) and (f) shall apply. In all cases, the
procedure shall be applied by seniority.

(a) If a vacant assignment exists in the section

where the employee whose position was
declared surplus, all assignments in the
section shall be open for bidding among
employees in the section.

(b) If there is no vacant assignment in the same

section, but a vacant assignment exists in
another section of the same postal
installation, the employee with the least
seniority in the section shall be displaced to
the section where the vacant assignment
exists. All assignments from each of the two
sections shall then be open for bidding among
 387

employees in their respective section.

(c) If there is no vacant assignment in the postal

installation, but a vacant assignment exists in
another postal installation within the same
post office,

(i) the employee with the least seniority

within the postal installation shall be
displaced to the other postal installation
within the post office where the vacant
assignment exists;

(ii) the employee with the least seniority

within the section where the surplus
position exists shall then be displaced
to the section where application of sub-
paragraph 53.18(c)(i) resulted in a
vacant assignment;

(iii) all assignments in each of the three

sections shall then be open for bidding
among employees of their respective
section.

(d) In situations where there are no sections and

where the post office only includes one postal
installation, paragraph 53.18(a) shall apply
with the necessary changes.

(e) Where the vacant assignment in the post

office is not in the same classification as the
employee whose position has been declared
surplus, but is of the same status and group:

(i) a bid of the assignments shall first be

conducted within the section and the
 388

classification of the employee whose

position has been declared surplus;

(ii) the employee without an assignment as

a result of this bid shall be displaced to
the vacant assignment if it is within the
postal installation. All assignments
within the section where the vacant
assignment existed shall then be open
for bidding among employees in that
section.

(f) If the vacant assignment is located in another

postal installation within the same post office,

(i) the employee of the same status with

the least seniority within the group and
the postal installation shall be displaced
to the other postal installation within the
post office where the vacant
assignment exists;

(ii) the employee without an assignment as

a result of the bid provided for in sub-
paragraph 53.18(e)(i) shall then be
displaced to the section where
application of sub-paragraph
53.18(f)(i) resulted in a vacant
assignment;

(iii) all assignments in each of the two

sections shall then be opened for
bidding among employees of their
respective section.

(g) If there are not enough vacant assignments

 389

within the post office to assign another

assignment to all employees whose position
has been declared surplus, the procedure set
out above shall apply in the reverse order of
seniority among employees whose position
has become surplus.

G. RIGHT TO RETURN TO FORMER

LOCATION AND RELOCATION
ALLOWANCES

53.19 An employee who is displaced in another

office in accordance with Parts D and E, or into another
classification and section in accordance with Part F of this
article, shall be given priority over any other applications to
fill the first vacant position that takes place following his or
her displacement, which affords him or her with an
opportunity to return to a position in the same classification
and office where he or she formerly worked, providing he or
she has applied under Article 13 for such a position and
that this first vacant position occurs within three (3) years of
the displacement.

53.20 Employees who are displaced under Parts E

and F of this article and who relocate their residence will be
entitled to be reimbursed for their relocation expenses in
accordance with the then current policy of the Corporation if
the displacement is greater than forty (40) kilometres from
the present work location to the new work location.

53.21 An employee who is displaced under Parts E

and F of this Article where the distance involved is in
excess of forty (40) kilometres from his or her present
work location, who elects not to change the location of his
or her residence, shall be entitled to compensation of one
hundred and fifty dollars ($150) per month until the expiry of
the first twelve (12) months following such displacement, or
 390

until such employee does change the location of his or her

residence, in which case he or she shall be entitled to the
relocation expenses specified in clause 53.20, whichever
shall first occur.

H. GENERAL PRINCIPLES

53.22 No employee described in clause 53.01 shall

be required to accept to be displaced to a postal installation
beyond the zone of the installation where he or she was
working.

53.23 An employee shall not be required to accept

to be displaced from a postal installation where the working
language is different from that used in the employee's
former position.

53.24 An employee who is declared surplus more

than once shall not be required to accept to be displaced
beyond the zone of the installation in which he or she was
working at the time he or she was first declared surplus.

53.25 No employee shall be required to accept to be

displaced from a full-time position to a part-time position or
from a part-time position to a full-time position.

53.26 An employee who is required under this article

to accept to be displaced or who is temporarily assigned in
a job classification having a lower maximum rate of pay
shall be deemed to have retained, for all purposes, his or
her former rate of pay.

53.27 It is understood that, for the purposes of this

article, the Toronto and Montreal MAPP areas as they
existed on July 1, 1992, will not be modified and that no
other MAPP area will be established.
 391

53.28 A surplus employee required to accept to be

displaced or who is temporarily assigned pursuant to this
article shall be provided with the necessary retraining he or
she requires during his or her hours of work with full pay
from the Corporation and at no additional cost to the
employee.

I. TEMPORARY ASSIGNMENTS

53.29 During the bidding process under Parts D, E

and F of this article, the Corporation may temporarily assign
a surplus employee under clause 53.05 or an employee
whose position has been declared surplus under clause
53.04.

During his or her assignment, the employee is

deemed to have remained in his or her initial position for the
application of Articles 13, 19 and 53.

53.30 The temporary assignment shall be made

within the employee’s zone, shift and bargaining unit.

An employee may, on a voluntary basis,

accept a temporary assignment within another shift than his
or her own.

53.31 The work schedule of a part-time employee

temporarily assigned shall include a number of hours of
work per week at least equal to that of his or her former
assignment. Such employee shall not be required to work a
greater number of weekly hours than the number provided
for in his or her original work schedule.

53.32 The temporary assignment provided for in this

part may occur

(a) in any vacant position or vacant assignment;

 392

(b) notwithstanding clause 39.07, in the

assignment of a Group 1 employee who is
absent from work for a period of more than ten
(10) working days or in any other assignment
becoming temporarily vacant as a result of
this employee being replaced;

(c) in any assignment where the incumbent is on

annual leave;

(d) notwithstanding clauses 17.06, 17.07 and

17.11, in the assignment of a Group 2
employee who is absent for a known period of
five (5) working days or more, or in any other
assignment becoming temporarily vacant as a
result of this absence being covered;

(e) to perform any available work.

The vacant position in which an employee is

temporarily assigned shall remain available for the
application of Parts D, E and F of this article.

J. OTHER OPTION

53.33 An employee required to be displaced

pursuant to Part E may elect instead to be laid off with
Supplementary Unemployment Benefits (SUB) Plan and
recall rights.

53.34 The Corporate SUB Plan, as amended from

time to time and subject to the requirements of Employment
and Immigration Canada, shall form part of this collective
agreement and shall be available to eligible employees for
the term of this collective agreement.
 393

K. RECALL RIGHTS

53.35 The surplus employees who are laid off

pursuant to the provisions of clause 53.33 shall have their
names placed on a recall list and shall have the right to
submit applications for vacant positions in his or her former
post office under Article 13 during a period of:

(a) one (1) year after the date of the lay-off for the
employee with less than one (1) year of
continuous employment;

(b) two (2) years after the date of lay-off for the
employee with more than one (1) year and
less than five (5) years of continuous
employment;

(c) four (4) years after the date of lay-off for the
employee with five (5) years or more of
continuous employment.

53.36 When there are vacant positions that the

Corporation intends to fill and there is no surplus employee,
they shall be given on a priority basis to employees on the
recall list who have submitted applications in accordance
with clause 53.35.

It is understood that positions and

assignments are filled solely by seniority unless provided
otherwise as per clause 13.07.

53.37 An employee who refuses an opportunity to

return to work in his or her former post office shall have his
or her name removed from the recall list and his or her
employment will be terminated.

53.38 It is understood, for greater certainty, that laid

 394

off employees shall continue to accumulate seniority and

continuous service for the purposes of Article 11.

ARTICLE 54

WORK REINTEGRATION PROGRAM

54.01 Duty to Accommodate

The parties recognize that the Corporation, its

employees, the Union, and the employee who is
permanently-disabled or temporarily disabled must work
together to attain the objectives set out in the Canadian
Human Rights Act.

(a) Where an employee has become permanently

or temporarily disabled, and the need for
accommodation is supported by a medical
certificate issued by a qualified medical
doctor, he or she may submit a written request
for accommodation to the Corporation.

(b) In determining appropriate accommodation,

the Corporation must first consider measures
that allow the employee to remain in his or her
position and assignment or in any vacant
position or assignment he or she can obtain
based on seniority.

(c) The Corporation shall consult the Union on

appropriate accommodation. The parties shall
make every effort to reach an agreement to
that effect. However, the Corporation and the
Union recognize that implementation of the
accommodation measures cannot be delayed
because of a failure to reach an agreement or
because the situation requiring immediate
 395

action does not allow for consultation to take

place and agreement to be reached before the
implementation of such measures. Under
such circumstances, the Corporation shall
take appropriate accommodation measures.
The Union reserves the right to file a
grievance.

(d) Assignments that are identified, as of January

31, 2007, as rehabilitation assignments are
maintained as such unless the parties agree
otherwise.

(e) Accommodation shall end as soon as the

employee becomes capable of performing all
the duties of his or her regular assignment or
of an assignment he or she can obtain based
on seniority.

(f) The parties may agree to designate and

reserve certain assignments for employees
requiring accommodation.

(g) Parties at the local level shall make every

effort to ensure the proper application of this
Article. All agreements arising from this Article
must be approved by the National Director of
the Union and by the local management
representative.
 396

ARTICLE 55

STATUS OF EMPLOYEES
55.01 Definitions

(a) “employee” means any employee as defined

under the Canada Labour Code and who is
included in the bargaining unit. There are two
(2) types of employees: regular employees
and temporary employees.

(b) “regular employee” means any employee

hired for an indeterminate period and on a
permanent basis, full-time or part-time.

(c) “temporary employee” means any other

employee.

55.02 Probation

There shall be a probationary period of three

(3) months starting with the first (1st) day of work for any
regular employee hired by the Corporation.

However, there shall be no probationary

period of a temporary employee who is appointed to a
regular position if that employee has completed four
hundred and eighty (480) hours of work as a temporary
employee. In the event that the temporary employee has
not completed four hundred and eighty (480) hours of work,
the probationary period shall continue for a period of time
equal to the difference between the hours worked as a
temporary employee and the four hundred and eighty (480)
hours.
 397

55.03 Application of Collective Agreement

During Probationary Period

All provisions of the collective agreement shall

apply to regular employees on probation.

55.04 Probationary Employee

During his or her probationary period, a

regular employee cannot obtain a transfer, a promotion or a
demotion under Article 13. He or she may, nevertheless,
present a request to obtain such a position after he or she
has completed his or her probationary period.

ARTICLE 56

PROTECTION AGAINST HARASSMENT

56.01 Policy Statement

The parties recognize an employee's right to

a working environment which is free of harassment on the
grounds of race, sex, sexual orientation, gender
expression, gender identity, national or ethnic origin,
colour, religion, age, marital status, family status, disability
and conviction for an offence for which a pardon has been
granted or in respect of which a record suspension has
been ordered.

They also recognize that this constitutes a

common objective and that all efforts shall be deployed to
prevent and correct any situation and any conduct liable to
compromise this right.

56.02 Obligations
 398

The Corporation has the primary

responsibility for ensuring that a harassment-free
environment prevails in the workplace and to take
appropriate measures to achieve this result. The Union
must equally assume all its responsibilities in achieving this
result.

56.03 Definition of Harassment

For the purposes of this agreement,

“harassment” means any conduct, comment or gesture
related to any of the grounds stipulated in clause 56.01,
which is:

(a) unwanted or may reasonably be considered

as unwanted, and

(b) offensive, humiliating, abusive, threatening,

repetitive or which has adverse effects on an
individual's employment.

56.04 The Right to File a Complaint with the

Corporation

An employee who believes that he or she has

been subjected to harassment may at any time file a signed
complaint with the representatives of the Corporation
specifically appointed to receive such complaints or his or
her supervisor. In such cases, the complainant may
request to be assisted by a Union representative of his or
her choice when filing such complaint.

56.05 Investigation

(a) When the Corporation receives a signed

complaint, it shall commence an investigation
within a reasonable time and at all times, use
 399

its best efforts to commence its investigation

within three (3) working days.

(b) The Corporation shall ensure that the

investigation is completed within a reasonable
time.

(c) Where a complainant has requested to be

assisted by a Union representative, the Union
representative shall have the right to
accompany the complainant and shall have
the same right as stipulated in clause 10.06.
The Corporation will advise the Union
representative of the progress of the
investigation in a timely manner.

(d) The Corporation will provide the Union with a

quarterly national summary report detailing the
number and type of complaints and their
resolution.

(e) The Corporation will provide the National

Director of each region of the Union with a
quarterly summary report for their region
detailing the number and type of complaints
and their status.

56.06 Confidentiality

(a) In the course of the investigation, all parties

involved shall take all possible measures to
preserve confidentiality to the extent it is
appropriate under the circumstances.

(b) The Corporation will post a list of its

representatives specifically appointed to
receive such complaints.
 400

Within ninety (90) days of the signing of the

collective agreement and following a national
consultation, the Corporation will provide the
Union with a copy of its general procedures
for conducting investigations as determined by
the Corporation, and as amended from time to
time.

56.07 Decision

After the investigation is completed, the

Corporation shall communicate the conclusions reached to
the employee and to the Union representative where the
employee has so requested. Before a decision is taken as
to the proper measures to be adopted in order to remedy
the situation, the Corporation will seek input from the Union
representative where such measures directly affect
employees in the bargaining unit.

Notwithstanding clause 45.02, a transfer

within the same classification may be imposed on an
employee as a disciplinary measure for harassment related
to any of the grounds stipulated in 56.01.

Upon written request by the complainant and

following consultation and agreement, the Corporation may
grant the complainant the right to be assigned to another
assignment or position on a temporary basis.

56.08 Compensation

A complaint filed pursuant to this article shall

not be construed as restricting in any way the right of an
employee who has been subjected to harassment to claim
and obtain compensation at common law or under any
applicable legislation.
 401

56.09 Right to Grieve

Nothing in the above provision shall be

construed as restricting or limiting the right of an employee
or the right of the Union to use the grievance and arbitration
procedure in cases of harassment.

56.10 Right to File Complaints with the Canadian

Human Rights Commission

An employee who believes that he or she has

been subjected to harassment or violence related to
discrimination may at any time file a complaint with the
Canadian Human Rights Commission in accordance with
the Canadian Human Rights Act. However, the fact that an
employee did not use this course of action shall not in any
way be raised against this employee. Similarly, the filing of
a complaint with the Commission shall not deprive an
employee of any right under the collective agreement.

56.11 No Reprisal

No reprisal shall be exercised against an

employee because he or she filed a complaint in
accordance with the above-mentioned provisions except
where a false charge has been made with malicious intent.
 402

APPENDIX “A”
CLASSIFICATIONS AND WAGES

The hourly wage rates of the employees are as follows:

GROUP 1: HIRED INTO THE BARGAINING UNIT PRIOR TO FEBRUARY 1, 2013
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO-2 min $26.47 $27.00 $27.68 $28.48
Mail Handler yr 1 $26.71 $27.24 $27.92 $28.73
yr 2 $26.98 $27.52 $28.21 $29.03
PO-4 Postal Clerk min $26.65 $27.18 $27.86 $28.67
Postal Clerk yr 1 $26.91 $27.45 $28.14 $28.96
yr 2 $27.13 $27.67 $28.36 $29.18
Retail Lead Hand $27.71 $28.26 $28.97 $29.81
PO-5 min $27.15 $27.69 $28.38 $29.20
Mail Despatcher yr 1 $27.30 $27.85 $28.55 $29.38
yr 2 $27.30 $27.85 $28.55 $29.38
PO-2 PT min $26.47 $27.00 $27.68 $28.48
Part-time Mail Handler yr 1 $26.71 $27.24 $27.92 $28.73
yr 2 $26.98 $27.52 $28.21 $29.03
PO-4 PT min $26.65 $27.18 $27.86 $28.67
Part-time Postal Clerk yr 1 $26.91 $27.45 $28.14 $28.96
yr 2 $27.13 $27.67 $28.36 $29.18
 403

GROUP 1: HIRED INTO THE BARGAINING UNIT ON OR AFTER FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO-2 min $20.26 $20.67 $21.19 $21.80
Mail Handler yr 1 $21.23 $21.65 $22.19 $22.83
yr 2 $22.19 $22.63 $23.20 $23.87
yr 3 $23.14 $23.60 $24.19 $24.89
yr 4 $24.10 $24.58 $25.19 $25.92
yr 5 $25.06 $25.56 $26.20 $26.96
yr 6 $26.03 $26.55 $27.21 $28.00
yr 7 $26.98 $27.52 $28.21 $29.03
PO-4 Postal Clerk min $20.26 $20.67 $21.19 $21.80
Postal Clerk yr 1 $21.25 $21.68 $22.22 $22.86
yr 2 $22.23 $22.67 $23.24 $23.91
yr 3 $23.22 $23.68 $24.27 $24.97
yr 4 $24.18 $24.66 $25.28 $26.01
yr 5 $25.16 $25.66 $26.30 $27.06
yr 6 $26.15 $26.67 $27.34 $28.13
yr 7 $27.13 $27.67 $28.36 $29.18
Retail Lead Hand $27.71 $28.26 $28.97 $29.81
PO-5 min $20.42 $20.83 $21.35 $21.97
Mail Despatcher yr 1 $21.39 $21.82 $22.37 $23.02
yr 2 $22.37 $22.82 $23.39 $24.07
yr 3 $23.36 $23.83 $24.43 $25.14
yr 4 $24.34 $24.83 $25.45 $26.19
yr 5 $25.32 $25.83 $26.48 $27.25
yr 6 $26.30 $26.83 $27.50 $28.30
yr 7 $27.30 $27.85 $28.55 $29.38
 404

GROUP 1: HIRED INTO THE BARGAINING UNIT ON OR AFTER FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO-2 PT min $20.26 $20.67 $21.19 $21.80
Part-time Mail Handler yr 1 $21.23 $21.65 $22.19 $22.83
yr 2 $22.19 $22.63 $23.20 $23.87
yr 3 $23.14 $23.60 $24.19 $24.89
yr 4 $24.10 $24.58 $25.19 $25.92
yr 5 $25.06 $25.56 $26.20 $26.96
yr 6 $26.03 $26.55 $27.21 $28.00
yr 7 $26.98 $27.52 $28.21 $29.03
PO-4 PT min $20.26 $20.67 $21.19 $21.80
Part-time Postal Clerk yr 1 $21.25 $21.68 $22.22 $22.86
yr 2 $22.23 $22.67 $23.24 $23.91
yr 3 $23.22 $23.68 $24.27 $24.97
yr 4 $24.18 $24.66 $25.28 $26.01
yr 5 $25.16 $25.66 $26.30 $27.06
yr 6 $26.15 $26.67 $27.34 $28.13
yr 7 $27.13 $27.67 $28.36 $29.18
 405

GROUP 2: HIRED INTO THE BARGAINING UNIT PRIOR TO FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO LC-1 Letter Carrier min $25.97 $26.49 $27.15 $27.94
Letter Carrier
Motorized Mail Courier yr 1 $26.48 $27.01 $27.69 $28.49
Night Router yr 2 $26.53 $27.06 $27.74 $28.54
Assistant to Letter Carrier
Supervisor yr 3 $26.65 $27.18 $27.86 $28.67
Mail Mobile Letter Carrier yr 4 $26.91 $27.45 $28.14 $28.96
yr 5 $27.13 $27.67 $28.36 $29.18
Relief Letter Carrier min $27.59 $28.14 $28.84 $29.68

Relief Motorized Mail Courier yr 1 $27.71 $28.26 $28.97 $29.81

PO MSC-1 Mail Service Courier
min $25.97 $26.49 $27.15 $27.94
Mail Service Courier
yr 1 $26.48 $27.01 $27.69 $28.49
yr 2 $26.53 $27.06 $27.74 $28.54
yr 3 $26.65 $27.18 $27.86 $28.67
yr 4 $26.91 $27.45 $28.14 $28.96
yr 5 $27.13 $27.67 $28.36 $29.18
Relief Mail Service Courier
min $27.59 $28.14 $28.84 $29.68
yr 1 $27.71 $28.26 $28.97 $29.81
PO MSC(HV)-3
Mail Service Courier min $28.07 $28.63 $29.35 $30.20

Mail Service Courier (Heavy Vehicle) (Heavy Vehicle) yr 1 $28.17 $28.73 $29.45 $30.30
 406

GROUP 2: HIRED INTO THE BARGAINING UNIT PRIOR TO FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO LC-1 PT
Part-time Letter Carrier min $25.97 $26.49 $27.15 $27.94
Part-time Letter Carrier Part-time Motorized Mail Courier
yr 1 $26.48 $27.01 $27.69 $28.49

yr 2 $26.53 $27.06 $27.74 $28.54

Part-time Assistant to Letter
Carrier Supervisor yr 3 $26.65 $27.18 $27.86 $28.67

yr 4 $26.91 $27.45 $28.14 $28.96

Part-time Mail Mobile
Letter Carrier yr 5 $27.13 $27.67 $28.36 $29.18
Part-time Relief Motorized Mail
Courier min $27.59 $28.14 $28.84 $29.68

yr 1 $27.71 $28.26 $28.97 $29.81

PO MSC-1 PT Part-time Mail Service Courier
min $25.97 $26.49 $27.15 $27.94
Part-time Mail Service Courier
yr 1 $26.48 $27.01 $27.69 $28.49

yr 2 $26.53 $27.06 $27.74 $28.54

yr 3 $26.65 $27.18 $27.86 $28.67

yr 4 $26.91 $27.45 $28.14 $28.96

yr 5 $27.13 $27.67 $28.36 $29.18

Part-time Relief Mail Service
Courier min $27.59 $28.14 $28.84 $29.68

yr 1 $27.71 $28.26 $28.97 $29.81

 407

GROUP 2: HIRED INTO THE BARGAINING UNIT ON OR AFTER FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO LC-1 Letter Carrier min $20.26 $20.67 $21.19 $21.80
Letter Carrier Motorized Mail Courier yr 1 $21.25 $21.68 $22.22 $22.86
Night Router yr 2 $22.23 $22.67 $23.24 $23.91

Assistant to Letter Carrier yr 3 $23.22 $23.68 $24.27 $24.97

Supervisor yr 4 $24.18 $24.66 $25.28 $26.01
Mail Mobile Letter Carrier yr 5 $25.16 $25.66 $26.30 $27.06
yr 6 $26.15 $26.67 $27.34 $28.13
yr 7 $27.13 $27.67 $28.36 $29.18
Relief Letter Carrier min $20.81 $21.23 $21.76 $22.39
Relief Motorized Mail Courier yr 1 $21.80 $22.24 $22.80 $23.46
yr 2 $22.78 $23.24 $23.82 $24.51
yr 3 $23.76 $24.24 $24.85 $25.57
yr 4 $24.74 $25.23 $25.86 $26.61
yr 5 $25.71 $26.22 $26.88 $27.66
yr 6 $26.70 $27.23 $27.91 $28.72
yr 7 $27.71 $28.26 $28.97 $29.81
 408

GROUP 2: HIRED INTO THE BARGAINING UNIT ON OR AFTER FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO MSC-1 Mail Service Courier min $20.26 $20.67 $21.19 $21.80
Mail Service Courier yr 1 $21.25 $21.68 $22.22 $22.86
yr 2 $22.23 $22.67 $23.24 $23.91
yr 3 $23.22 $23.68 $24.27 $24.97
yr 4 $24.18 $24.66 $25.28 $26.01
yr 5 $25.16 $25.66 $26.30 $27.06
yr 6 $26.15 $26.67 $27.34 $28.13
yr 7 $27.13 $27.67 $28.36 $29.18
Relief Mail Service Courier min $20.81 $21.23 $21.76 $22.39
yr 1 $21.80 $22.24 $22.80 $23.46
yr 2 $22.78 $23.24 $23.82 $24.51
yr 3 $23.76 $24.24 $24.85 $25.57
yr 4 $24.74 $25.23 $25.86 $26.61
yr 5 $25.71 $26.22 $26.88 $27.66
yr 6 $26.70 $27.23 $27.91 $28.72
yr 7 $27.71 $28.26 $28.97 $29.81
 409

GROUP 2: HIRED INTO THE BARGAINING UNIT ON OR AFTER FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO MSC (HV)-3 Mail Service Courier min $28.07 $28.63 $29.35 $30.20
Mail Service Courier (Heavy Vehicle) (Heavy Vehicle) yr 1 $28.17 $28.73 $29.45 $30.30
PO LC-1 PT
Part-time Letter Carrier min $20.26 $20.67 $21.19 $21.80
Part-time Letter Carrier
Part-time Motorized Mail Courier yr 1 $21.25 $21.68 $22.22 $22.86
yr 2 $22.23 $22.67 $23.24 $23.91
Part-time Assistant to Letter
Carrier Supervisor yr 3 $23.22 $23.68 $24.27 $24.97
yr 4 $24.18 $24.66 $25.28 $26.01
Part-time Mail Mobile Letter Carrier yr 5 $25.16 $25.66 $26.30 $27.06
yr 6 $26.15 $26.67 $27.34 $28.13
yr 7 $27.13 $27.67 $28.36 $29.18
Part-time Relief Motorized Mail
min $20.81 $21.23 $21.76 $22.39
Courier
yr 1 $21.80 $22.24 $22.80 $23.46
yr 2 $22.78 $23.24 $23.82 $24.51
yr 3 $23.76 $24.24 $24.85 $25.57
yr 4 $24.74 $25.23 $25.86 $26.61
yr 5 $25.71 $26.22 $26.88 $27.66
yr 6 $26.70 $27.23 $27.91 $28.72
yr 7 $27.71 $28.26 $28.97 $29.81
 410

GROUP 2: HIRED INTO THE BARGAINING UNIT ON OR AFTER FEBRUARY 1, 2013

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
PO MSC-1 PT Part-time Mail Service Courier min $20.26 $20.67 $21.19 $21.80
Part-time Mail Service Courier yr 1 $21.25 $21.68 $22.22 $22.86
yr 2 $22.23 $22.67 $23.24 $23.91
yr 3 $23.22 $23.68 $24.27 $24.97
yr 4 $24.18 $24.66 $25.28 $26.01
yr 5 $25.16 $25.66 $26.30 $27.06
yr 6 $26.15 $26.67 $27.34 $28.13
yr 7 $27.13 $27.67 $28.36 $29.18
Part-time Relief Mail Service min $20.81 $21.23 $21.76 $22.39
Courier
yr 1 $21.80 $22.24 $22.80 $23.46
yr 2 $22.78 $23.24 $23.82 $24.51
yr 3 $23.76 $24.24 $24.85 $25.57
yr 4 $24.74 $25.23 $25.86 $26.61
yr 5 $25.71 $26.22 $26.88 $27.66
yr 6 $26.70 $27.23 $27.91 $28.72
yr 7 $27.71 $28.26 $28.97 $29.81
 411

GROUP 3
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01

PST 1 ELE-2, min $23.76 $24.24 $24.85 $25.57

PSS 1 MAN-1
yr 1 $24.01 $24.49 $25.10 $25.83

yr 2 $24.25 $24.74 $25.36 $26.10

PST 2 ELE-3, min $24.31 $24.80 $25.42 $26.16

PSS 2 ELE-4,
yr 1 $24.56 $25.05 $25.68 $26.42
MDO-4
yr 2 $24.85 $25.35 $25.98 $26.73
PST 3 MAM-4,
PSS 3 MAM-5, min $25.64 $26.15 $26.80 $27.58
MAN-3,
yr 1 $25.92 $26.44 $27.10 $27.89
MAN-4,
MDO-5 yr 2 $26.20 $26.72 $27.39 $28.18

PST 4 MAM-6, min $26.63 $27.16 $27.84 $28.65

PSS 4 MAM-7,
MAN-5, yr 1 $26.94 $27.48 $28.17 $28.99
MAN-6
yr 2 $27.19 $27.73 $28.42 $29.24

PST 5 MAN-7, min $27.39 $27.94 $28.64 $29.47

PSS 5 PRW-6
yr 1 $27.71 $28.26 $28.97 $29.81
yr 2 $28.03 $28.59 $29.30 $30.15

PST 6 MAM-8, min $27.96 $28.52 $29.23 $30.08

PSS 6 MAM-9,
MST-9, yr 1 $28.26 $28.83 $29.55 $30.41
VHE-8
yr 2 $28.60 $29.17 $29.90 $30.77
 412

GROUP 3 (cont'd)
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
WOW-9 min $29.35 $29.94 $30.69 $31.58
yr 1 $29.66 $30.25 $31.01 $31.91
yr 2 $30.03 $30.63 $31.40 $32.31

MST-10, min $30.10 $30.70 $31.47 $32.38

SMW-8 yr 1 $30.41 $31.02 $31.80 $32.72

yr 2 $30.79 $31.41 $32.20 $33.13

PTSS 1 min $23.49 $23.96 $24.56 $25.27

PTS 1 STS-2 yr 1 $23.76 $24.24 $24.85 $25.57

yr 2 $24.01 $24.49 $25.10 $25.83

PTSS 2 min $25.11 $25.61 $26.25 $27.01

PTS 2 PRC-4 yr 1 $25.41 $25.92 $26.57 $27.34

yr 2 $25.64 $26.15 $26.80 $27.58

PTSS 3 STS-3 min $25.69 $26.20 $26.86 $27.64

PTS 3 STS-3 yr 1 $25.98 $26.50 $27.16 $27.95

yr 2 $26.25 $26.78 $27.45 $28.25
 413

GROUP 3 (cont'd)
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01

PTSS 4 STS-4 min $26.31 $26.84 $27.51 $28.31

PTS 4 STS-4, yr 1 $26.61 $27.14 $27.82 $28.63

MES-4
yr 2 $26.90 $27.44 $28.13 $28.95

PTSS 5 PRC-5 min $27.19 $27.73 $28.42 $29.24

PTS 5 PRC-5 yr 1 $27.51 $28.06 $28.76 $29.59
yr 2 $27.84 $28.40 $29.11 $29.95
PTSS 6 PRC-6, min $27.84 $28.40 $29.11 $29.95
STS-5
yr 1 $28.15 $28.71 $29.43 $30.28
PTS 5 STS-5
PTS 6 yr 2 $28.45 $29.02 $29.75 $30.61

PTSS 7 PRC-7, min $28.39 $28.96 $29.68 $30.54

STS-6 yr 1 $28.74 $29.31 $30.04 $30.91

PTS 7 yr 2 $29.07 $29.65 $30.39 $31.27

PTSS 8 PRC-8, min $29.85 $30.45 $31.21 $32.12
STS-7,
STS-8 yr 1 $30.22 $30.82 $31.59 $32.51

PTS 8 STS-8 yr 2 $30.58 $31.19 $31.97 $32.90

 414

GROUP 3 (cont'd)
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01

PST 7 min $30.17 $30.77 $31.54 $32.45

PSS 7 yr 1 $30.59 $31.20 $31.98 $32.91

yr 2 $31.06 $31.68 $32.47 $33.41

PST 8 min $30.93 $31.55 $32.34 $33.28

PSS 8 yr 1 $31.33 $31.96 $32.76 $33.71

yr 2 $31.82 $32.46 $33.27 $34.23

PST 9 EIM-10 min $31.57 $32.20 $33.01 $33.97

PSS 9 MAM-12 yr 1 $32.02 $32.66 $33.48 $34.45

yr 2 $32.50 $33.15 $33.98 $34.97

 415

GROUP 3 Plant Maintenance

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
Electromechanical Specialist min $30.93 $31.55 $32.34 $33.28
MAM-10 yr 1 $31.33 $31.96 $32.76 $33.71
yr 2 $31.82 $32.46 $33.27 $34.23
Electronics Specialist min $30.93 $31.55 $32.34 $33.28
MAM-11 yr 1 $31.33 $31.96 $32.76 $33.71
yr 2 $31.82 $32.46 $33.27 $34.23

Lead Hand min $31.61 $32.24 $33.05 $34.01

yr 1 $32.31 $32.96 $33.78 $34.76

yr 2 $33.06 $33.72 $34.56 $35.56

yr 3 $34.90 $35.60 $36.49 $37.55

yr 4 $36.71 $37.44 $38.38 $39.49

yr 5 $37.50 $38.25 $39.21 $40.35

 416

GROUP 3 Vehicle Mechanic

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
Light Vehicle Mechanic min $30.93 $31.55 $32.34 $33.28
VHE-09 yr 1 $31.33 $31.96 $32.76 $33.71
yr 2 $31.82 $32.46 $33.27 $34.23
Full Service Vehicle Mechanic min $33.09 $33.75 $34.59 $35.59
VHE-10 yr 1 $33.50 $34.17 $35.02 $36.04
yr 2 $33.99 $34.67 $35.54 $36.57
 417

GROUP 4
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
AEPSS EL-1 min $24.59 $25.08 $25.71 $26.46
ASPSS EL-2 min $26.52 $27.05 $27.73 $28.53
ASPSS EL-3 min $28.42 $28.99 $29.71 $30.57
EPSS 1 EL-4 min $29.23 $29.81 $30.56 $31.45
yr 1 $29.76 $30.36 $31.12 $32.02
yr 2 $31.26 $31.89 $32.69 $33.64
yr 3 $32.75 $33.41 $34.25 $35.24
yr 4 $33.25 $33.92 $34.77 $35.78
yr 5 $33.93 $34.61 $35.48 $36.51
EPSS 2 min $31.09 $31.71 $32.50 $33.44
yr 1 $31.69 $32.32 $33.13 $34.09
yr 2 $32.33 $32.98 $33.80 $34.78
yr 3 $34.07 $34.75 $35.62 $36.65
yr 4 $35.78 $36.50 $37.41 $38.49
yr 5 $36.47 $37.20 $38.13 $39.24
 418

GROUP 4 (con't)
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
EPSS 3 EL-6 min $33.10 $33.76 $34.60 $35.60
yr 1 $33.77 $34.45 $35.31 $36.33
yr 2 $34.48 $35.17 $36.05 $37.10
yr 3 $36.35 $37.08 $38.01 $39.11
yr 4 $38.27 $39.04 $40.02 $41.18
yr 5 $39.14 $39.92 $40.92 $42.11
EPSS 4 EL-7 min $35.18 $35.88 $36.78 $37.85
yr 1 $35.90 $36.62 $37.54 $38.63
yr 2 $36.66 $37.39 $38.32 $39.43
yr 3 $38.71 $39.48 $40.47 $41.64
yr 4 $40.69 $41.50 $42.54 $43.77
yr 5 $41.75 $42.59 $43.65 $44.92
 419

GROUP 4
CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01
EL-5 Specialist
min $31.61 $32.24 $33.05 $34.01

yr 1 $32.31 $32.96 $33.78 $34.76

yr 2 $33.06 $33.72 $34.56 $35.56

yr 3 $34.90 $35.60 $36.49 $37.55

yr 4 $36.71 $37.44 $38.38 $39.49

yr 5 $37.50 $38.25 $39.21 $40.35

Lead Hand min $31.61 $32.24 $33.05 $34.01

yr 1 $32.31 $32.96 $33.78 $34.76

yr 2 $33.06 $33.72 $34.56 $35.56

yr 3 $34.90 $35.60 $36.49 $37.55

yr 4 $36.71 $37.44 $38.38 $39.49

yr 5 $37.50 $38.25 $39.21 $40.35

 420

APPRENTICESHIP WAGE RATES

CLASSIFICATION FUNCTIONS 2018:02:01 2019:02:01 2020:02:01 2021:02:01

MAM-11
min $27.49 $28.04 $28.74 $29.57
Apprentice
yr 1 $28.14 $28.70 $29.42 $30.27
yr 2 $28.77 $29.35 $30.08 $30.95
yr 3 $29.43 $30.02 $30.77 $31.66
yr 4 $30.10 $30.70 $31.47 $32.38
 421
APPENDIX “A”

NOTES

1. Employees’ annual pay increments, where

applicable, shall commence with the first full pay period
following the employee’s annual anniversary date.

2. Annual rates are to be calculated by

multiplying the hourly rate by 2,087.04 hours per annum.

3. In lieu of extending the rest period to fifteen

(15) minutes for employees in the PO LC-1 and PO MSC-1
categories and the PO MSC (HV) 3 classification, they will
be paid the applicable daily rate specified in note 4 for
each working day that they are entitled to pay during the
calendar years 2018, 2019, 2020 and 2021. The amount
paid to part-time employees shall be considered pay for
the purposes of paragraph 19.09(b).

For each day that a part-time employee

performs a full-time assignment, he or she shall receive for
that day the daily rate for full-time employees specified in
note 4.

4. The daily rates referred to in note 3 and

payable for each of the calendar years 2018, 2019, 2020
and 2021 for employees on strength during that period are
as follows:

Full-time Part-time
2018 $ 4.44 $2.22
2019 $ 4.52 $2.26
2020 $ 4.64 $2.32
2021 $ 4.77 $2.39

5. In lieu of extending the rest period to fifteen

(15) minutes, temporary employees are entitled to the
 422
following amounts:

(a) For each day that a temporary employee

performs a full-time assignment, he or she
shall receive:

(i) For the 2018 calendar year – $4.44 per

day;

(ii) For the 2019 calendar year – $4.52 per

day;

(iii) For the 2020 calendar year – $4.64 per

day;

(iv) For the 2021 calendar year – $4.77 per

day.

(b) For each day that a temporary employee

performs a part-time assignment, he or she
shall receive:

(i) For the 2018 calendar year – $2.22 per

day;

(ii) For the 2019 calendar year – $2.26 per

day;

(iii) For the 2020 calendar year – $2.32 per

day;

(iv) For the 2021 calendar year – $2.39 per

day.

These amounts for entitlements shall be paid

on a bi-weekly basis to temporary employees. Payment will
be made by electronic funds transfer (direct deposit).

6. (a) The amounts shown hereunder represent

 423
four (4) hours’ pay of the EL-4 maximum
hourly rate rounded to the nearest five cents
(5¢).

(i) February 1, 2018 $135.70

(ii) February 1, 2019 $138.45

(iii) February 1, 2020 $141.90

(iv) February 1, 2021 $146.05

(b) The amounts shown hereunder represent

three (3) hours’ pay of the EL-5 maximum
hourly rate rounded to the nearest five cents
(5¢).

(i) February 1, 2018 $112.50

(ii) February 1, 2019 $114.75

(iii) February 1, 2020 $117.65

(iv) February 1, 2021 $121.05

(c) The amounts shown hereunder represent

three (3) hours’ pay of the EL-5 maximum
hourly rate plus five dollars ($5.00) rounded to
the nearest five cents (5¢).

(i) February 1, 2018 $117.50

(ii) February 1, 2019 $119.75

(iii) February 1, 2020 $122.65

(iv) February 1, 2021 $126.05

 424
(d) The amounts shown hereunder represent
three (3) hours’ pay of the EL-5 maximum
hourly rate plus ten dollars ($10.00) rounded
to the nearest five cents (5¢).

(i) February 1, 2018 $122.50

(ii) February 1, 2019 $124.75

(iii) February 1, 2020 $127.65

(iv) February 1, 2021 $131.05

7. For greater certainty, the parties confirm that

the classification of letter carrier (PO LC-1) includes the
following functions:

- letter carrier
- relief letter carrier
- motorized mail courier
- relief motorized mail courier
- night router
- assistant to letter carrier supervisor
- mail mobile letter carrier

The classification of mail service courier (PO

MSC-1) includes the functions of mail service courier and
relief mail service courier.

The classification of part-time letter carrier

(PT PO LC-1) includes the functions of part-time letter
carrier, part-time motorized mail courier, part-time relief
motorized mail courier, part-time assistant to letter carrier
supervisor, and part-time mail mobile letter carrier.

The classification of part-time mail service

courier (PT PO MSC-1) includes the functions of part-time
mail service courier and part-time relief mail service courier.
 425
The classification of mail service courier
(heavy vehicle) (PO MSC(HV)-3) includes the function of
mail service courier (heavy vehicle).

8. By agreement of the parties, the functions in

the classifications in Groups 1, 3 and 4 are not listed in
Appendix “A”.

9. Effective January 31, 2007, the rate of pay of

employees who were on strength as regular employees on
September 1, 2003, and have completed twenty-eight (28)
years of indeterminate service shall be increased by one
percent (1%).

Notwithstanding the above, employees who

have completed sufficient service to be eligible for twenty-
eight (28) weeks of severance pay as of December 31,
2003 shall not be eligible for the one percent (1%) increase.

10. Where an employee temporarily substitutes in

the position of Retail Lead Hand, the employee shall
receive the rate of pay for the Retail Lead Hand beginning
with the first full shift. The employee will receive this rate
of pay in the following pay period.
 426
APPENDIX “B-1”

NOTICE OF CHANGE IN UNION AFFILIATION

OR STATUS CHANGE

The following information shall be provided to the Union

when there is a change in union affiliation or status:

1. Last Name
2. First Name
3. Initials
4. Residence Address 1
5. Residence Address 2
6. Residence City
7. Residence Province
8. Residence Address Postal Code
9. New Class and Level (Translated)
10. Work Location Name (English)
11. Work Location Name (French)
12. Work Location City
13. New Paylist
14. Old Effective From Date (YYYYMMDD)
15. Old Effective To Date (YYYYMMDD)
16. New Effective From Date (YYYYMMDD)
17. New Effective To Date (YYYYMMDD)
18. Action Code
19. Reason Code
20. New Employment Category
21. New BUD Code
22. New Scheduled Hours
23. Employee ID
24. Prior (Old) Work Area
25. New Work Area
26. Prior (Old) Work Location (City)
27. Prior (Old) Paylist
 427
APPENDIX “B-2”

NOTIFICATION OF IMPLEMENTATION OF
GRIEVANCE DECISION
 428
APPENDIX “C”

RENEWAL OF AGREEMENTS ENTERED INTO

PRIOR TO THE COMING INTO FORCE OF THIS
AGREEMENT

1. The agreements signed between the parties

and pertaining to new facilities will remain in effect for the
term of the collective agreement.

It is also understood that staffing and/or

schedule changes that may be required in those facilities
during the term of this collective agreement will be effected
pursuant to the applicable articles of the collective
agreement.

2. The following agreements are renewed

without any modifications:

Province of Quebec Equal Opportunity for O.T.

Western Region Health and Safety – An

Employee Working Alone

Province of Quebec Health and Safety (June 8,

1982)

Metro-Montreal Region Article 29 – Regional Bag Rack

– Final at Parcel Sorting
Machines (October 24, 1995)

National Union Dues Deductions – Article

4 (July 13, 1991)

National Dental Plan (April 4, 1986)

National The Bidding of Routes when

 429
Conducting a Major
Reorganization of Motorized Mail
Courier (MMC) Routes
(February 4, 1994)

National Letter, A. Joynt to L. Bue,

regarding Benefits
improvements (December 21,
1999)

National Uniforms – Clause 34.01 – Table

3, Type 2 (July 24, 2003)

Montreal Staffing Complement VHE 9

(August 6, 2004)

Regina Overtime – Mail Service Courier

(December 10, 2005)

National M. MacDonell to P. Bertrand

regarding Safety Watchers in
High-Risk Situations (May 3,
2007)

National Memorandum of Agreement

regarding Application of Clause
47.03 (April 18, 2005)

3. The following agreements are renewed with

the understanding that they will be reviewed by the parties
at national consultation within six (6) months following the
signing of the collective agreement. Upon agreement of the
parties, any and all agreements that are no longer in effect
will be declared null and void and deemed to be removed
from Section 3 of this appendix.

Williams Lake BC Equal Opportunity for O.T.

Castlegar BC Equal Opportunity for O.T.

 430

Inuvik NWT Equal Opportunity for O.T.

Fort Saskatchewan AB Equal Opportunity for O.T.

Grande Prairie AB Equal Opportunity for O.T.

St. Paul AB Equal Opportunity for O.T.

Yorkton SK Equal Opportunity for O.T.

Surrey BC Equal Opportunity for O.T.

Victoria BC Health and Safety Program

Edmonton AB Equal Opportunity for O.T.

(January 22, 1997)

Western Region Health and Safety –

Construction and Major
Renovations

Ottawa ON Reclassification – Article 45

Atlantic Division Equal Opportunity for O.T.

St. John’s NF Change of Shift system

National Motorized Mail Courier (MMC)

(August 11, 1993)

National Letter, M. Traversy to L. Bue

regarding Maintaining the
Combined Urban Service (CUS)
Contract – Kelowna, BC
(September 30, 2003)

Léo-Blanchette MPP Memorandum of Understanding

(Clause 29.06) regarding
 431
Transfer of Mail Processing
From Québec to Léo-Blanchette
MPP (March 31, 2006)

Léo-Blanchette MPP Transfer of Québec Mail

Processing to Léo- Blanchette
Facility – Group 3 (March 31,
2006)

4. The following agreements will remain in effect

until January 31, 2022:

National Memorandum of Agreement re:

A-62 Letter Carrier Work Station
Interim Standards (May 24,
2006)

Montreal Memorandum of Agreement

regarding Restructuring
Delorimier Station (December
13, 2006)

National All written agreements entered

into between the parties prior to
the date of signature of the
collective agreement regarding
the implementation of Postal
Transformation (“PT”) shall
remain in effect until January 31,
2022.
 432
APPENDIX “D”

NEIGHBOURHOOD MAIL

This Appendix supersedes all previous

agreements, letters of understanding and past practices
with regards to handling and delivery of neighbourhood
mail.

1.0 Neighbourhood Mail

(a) In this collective agreement, “neighbourhood

mail” is unaddressed advertising matter (mail)
as defined in the Postal Guide, as it is
amended from time to time.

For clarity, all references to ‘‘householder

mail’’ in this collective agreement shall be
read as “neighbourhood mail.”

(b) The Corporation may market and accept for

delivery any neighbourhood mail.

2.0 Delivery of Neighbourhood Mail

(a) All neighbourhood mail meeting the size,

weight and delivery day specifications
covered in the following chart shall be
delivered by letter carriers.

(b) All neighbourhood mail that falls outside the

size, weight and delivery day specifications
covered in the following chart are not
delivered by letter carriers, except when an
agreement is reached between the parties.

Such agreement shall be made at the local,

regional or national level, depending on
 433
whether the neighbourhood mailing is for
local, regional or national distribution.

The agreement shall set the piece rate to be

paid to letter carriers to deliver the
neighbourhood mailing. There shall be no
pyramiding of rates.

The Corporation agrees that the Union, at the

national level, will be advised whenever an
agreement is entered into at the local level
pursuant to this paragraph.

(c) The Corporation will determine the order of

delivery of neighbourhood mail.

However, when letter carriers have actually

started to prepare, segregate or sort such
neighbourhood mail, the order of delivery
shall not be modified without the consent of
the letter carrier unless the modification is
necessitated by circumstances outside of the
control of the Corporation.

3.0 High Volume Situations

(a) Local Corporate representatives will consult

with the local Union representatives any time
a high volume of neighbourhood mail occurs
at a post office, which would cause a hardship
or an over-burdening situation. Local parties
are free to consult and agree on a method to
clear the high volume emergency without any
precedent being established. Any agreement
shall be consonant with the collective
 434
agreement, this appendix and prevailing
arrangements.

(b) Neighbourhood Mail with Four or Nine

Delivery Days

Where the number of delivery days for

neighbourhood mail is four (4) or nine (9), the
following shall apply:

(i) unless otherwise requested by the

sender, if the item does not fit the mail
receptacles in walk-through
apartments, they will be left on the floor
in front of the customer’s door;

(ii) the Corporation will endeavour to

stagger the distribution of the
neighbourhood mail to the letter carrier
cases and bunkers;

(iii) in addition to informing the Local Joint

Health and Safety Committee or the
Health and Safety Representative, five
(5) minute meetings shall be held in
each delivery facility to review the
delivery requirements and health and
safety matters regarding these
neighbourhood mailings.

4.0 Inserts

Inserts (including advertising supplements)

are permitted in neighbourhood mailings provided they are
firmly attached or folded into the mailing piece, so as to
become an integral part of the mailing piece and cannot
become separated during normal postal handling. Staples
may only be used in a neighbourhood mailing provided that
the tines are enclosed or covered so that they do not form a
 435
safety hazard to employees.

5.0 Delivery Material

Where justified, proper storage cases, extra

relay boxes and/or authorized drops will be provided on a
temporary or permanent basis, to prevent over-burdening
situations and to assist the letter carrier in the delivery of
neighbourhood mail.

6.0 Payment System for Letter Carrier Delivery

of Neighbourhood Mail

(a) A per piece payment governed by the

“Payable to Letter Carriers” column in the
chart will be paid to letter carriers.

(b) Notwithstanding paragraph 2.0(b), when, as a

result of circumstances beyond the control of
the local delivery operation, a reduction of the
delivery days is required in order to meet
delivery commitments, an additional per piece
payment of two cents (2.0¢) will be paid to the
letter carrier for each piece of neighbourhood
mail that requires a compressed letter carrier
delivery.

7.0 Time for the Preparation of Neighbourhood

Mail, Relay Pick-up Allowance and
Handling Allowance

(a) Time will be provided for the preparation of

neighbourhood mail, in excess of one point
five (1.5) sets as determined by each Daily
 436
Householder Mail Standard, in accordance
with the procedures relating to the time
allowances in the Letter Carrier Route
Measurement Manual.

(b) A Relay Pick-up Allowance will be provided

for all sets once a route receives a minimum
of sixteen hundred (1,600) pieces of
neighbourhood mail per week as determined
by each Daily Householder Mail Standard, in
accordance with the procedures relating to
the time allowances in the Letter Carrier
Route Measurement Manual.

(c) A Handling Allowance will be provided for all

neighbourhood mail exceeding six (6) inches
in width once a route receives two (2) or more
sets of this product as determined by each
Daily Householder Mail Standard, in
accordance with the procedures relating to
the time allowances in the Letter Carrier
Route Measurement System Manual.

(d) The preparation of neighbourhood mail by

letter carriers will be performed at the end of
the day. Consequently, time will be credited at
the end of the route under the Letter Carrier
Route Measurement System (‘‘LCRMS’’) for
routes structured to return to the depot at the
end of the day.

In the preparation of neighbourhood mail

Letter Carriers may choose to collate their
neighbourhood mail if there are three (3) or
more mailings for the same point of call type.
This includes centralized points of call.

Exceptions to the end of day preparation of

neighbourhood mail may occur during the
 437
normal course of the work day. However,
when the morning procedure aimed at
evaluating the need for overtime is followed,
the fact that overtime occurs at the end of the
day will not be considered an exception.
 438

Neighbourhood Mail Specifications

Point of Call Payable to
Maximum Maximum Maximum Maximum
Type Delivery Days Letter
Length Width Thickness Weight
Carriers
Residential and 30.50 cm 15.24 cm 1.9 cm 200g
business up to 1.5 cents
(12”) (6”) (0.75”) (7.0 oz.)
200g
Over 15.24 3
30.50 cm cm up to 28 1.9 cm 200g
2.5 cents
(12”) cm (Over 6” (0.75”) (7.0 oz.)
up to 11”)
Residential and
business over 30.50 cm 2.54 cm 300g
28 cm (11”) 4 3.0 cents
200g up to (12”) (1.0”) (12.3 oz.)
300g

Residential and
business over 30.50 cm 2.54 cm 500g
28 cm (11”) 9 7.0 cents
300g up to (12”) (1.0”) (17.6 oz.)
500g

A letter carrier can deliver an item over 200 grams up to 300 grams over a three (3)
day period if all points of call would already be covered over that period.

Irregular shapes allowed within size specifications.

Minimum Dimensions:
- Area: 70 square cm (10.85 square inches)
- Thickness: 0.18 mm (0.007”)
 439

APPENDIX “D-1”

LETTER OF UNDERSTANDING ON THE

MEASUREMENT OF HOUSEHOLDER MAIL
The Corporation recognizes that the
dimension and weight specifications of householder mail
(Appendix “D” table) are important and must be respected
at all times.

In an effort to avoid problems with corporate

customers, the Union agrees that a margin of error of six
percent (6%) be tolerated on the dimensions and weight of
a householder.

It is understood that the tolerance level set

out above is accepted on the basis that the variation is
accidental and unusual. Where the local Union feels that a
sender takes advantage of or abuses this, it can put an end
to this tolerance level for this sender, until such time as the
problem is corrected, through written notice to the
Corporation.
 440

APPENDIX “E”

LETTER CARRIER SERVICE

The parties agree that:

(a) The Corporation will utilize letter carriers to

provide service to new points of call, provided
that the new area(s) to be serviced are totally
surrounded by areas serviced by letter
carriers.

(b) Where it is determined that delivery service

other than general delivery will be provided to
new points of call the service will be provided
by letter carriers provided that the area to be
serviced is contiguous to and not separated
by a natural boundary from areas presently
serviced by letter carriers.

In both paragraphs (a) and (b) above, the

calls will be put into delivery service upon implementation of
a restructuring in accordance with delivery standards and
the mode of delivery service shall be determined by the
Corporation.

For the purpose of this appendix, the

determination of what constitutes a natural boundary shall
be the Corporation’s, and may include, but is not restricted
to, rivers, creeks, ravines, vacant or undeveloped land, rail
lines, high tension power line corridors, hydro easement,
highways and major arterial roads and recognized
municipal boundaries. Where a local complains that the
Corporate determination of a boundary is unreasonable
consultation will take place at the national level.
 441

This commitment will remain in effect for the

duration of this collective agreement.
 442

APPENDIX “F”

PRIORITY COURIER

It is agreed that the delivery/pick-up of non-

programmed Priority Courier items will be assigned
according to geographical area, if volumes warrant within a
component. However, a Priority Courier courier (Mail
Service Courier) from the dedicated Priority Courier unit,
where they exist, may be required to perform Priority
Courier related duties in more than one geographical
area/component where it is deemed necessary to expedite
service.
 443

APPENDIX “G”

BILINGUAL BONUS

It is now agreed that bilingual bonus is not

included in the benefits provided for in clause 37.01 but is
paid according to the corporate practice for the employees
in this bargaining unit.

Canada Post Corporation confirms that the

corporate practice for the employees in the bargaining unit
as of the date hereof is that the bilingual bonus will
continue to be paid in the same manner and amount as
previously for members of the CUPW bargaining unit and
agrees that, to this extent, this practice will not be modified
during the term of this collective agreement.
 444

APPENDIX “H”

ISOLATED POSTS ALLOWANCES

Employees (without dependants)
ENVIRONMENT LIVING COST FUEL AND UTILITIES
ALLOWANCE DIFFERENTIAL ALLOWANCE
LOCATION HOURLY RATE EMPLOYEES HOURLY RATE EMPLOYEES HOURLY RATE EMPLOYEES
$ per hour $ per hour $ per hour
Chandler .67 - -
Channel Port-Aux Basques .84 - -
Flin Flon .84 .70 .04
Fort Nelson .84 .70 -
Gaspé .84 - -
Goose Bay/Happy Valley .84 .70 -
Hay River .84 .70 .97
High Prairie .67 - -
Inuvik 1.71 2.23 1.55
Labrador City 1.25 .70 -
St. Anthony 1.25 - .04
Sioux Lookout .84 .70 .25
The Pas .67 .70 .18
Wabush 1.25 .70 -
Whitehorse .67 .70 .32
Yellowknife 1.25 .70 .97
Note: Allowance for full-time employees will be based on the employee’s regularly scheduled hours. Part-time employees will, in
addition to the allowances paid for their regular hours, be paid allowances for any hours worked in excess of their regular
daily hours of work up to the difference between their regular hours and the daily hours of work of a full-time employee of
the same category.
 445

APPENDIX “H”

ISOLATED POSTS ALLOWANCES

Employees (with dependants)
ENVIRONMENT ALLOWANCE LIVING COST DIFFERENTIAL FUEL AND UTILITIES
ALLOWANCE
LOCATION HOURLY RATE EMPLOYEES HOURLY RATE EMPLOYEES HOURLY RATE EMPLOYEES
$ per hour $ per hour $ per hour
Chandler 1.11 - -
Channel Port-Aux Basques 1.39 - -
Flin Flon 1.39 1.17 .06
Fort Nelson 1.39 1.17 -
Gaspé 1.39 - -
Goose Bay/Happy Valley 1.39 1.17 -
Hay River 1.39 1.17 1.62
High Prairie 1.11 - -
Inuvik 2.84 3.72 2.58
Labrador City 2.07 1.17 -
St. Anthony 2.07 - .06
Sioux Lookout 1.39 1.17 .42
The Pas 1.11 1.17 .30
Wabush 2.07 1.17 -
Whitehorse 1.11 1.17 .54
Yellowknife 2.07 1.17 1.62
Note: Allowance for full-time employees will be based on the employee’s regularly scheduled hours. Part-time employees will, in
addition to the allowances paid for their regular hours, be paid allowances for any hours worked in excess of their regular daily
hours of work up to the difference between their regular hours and the daily hours of work of a full- time employee of the same
category.
The definition of “dependant” used in the above chart is the definition found in the Treasury Board Guidelines.
 446

APPENDIX “I”

I. JOB RETENTION

1. The Corporation agrees that the work

described below, to the extent that it is normally, regularly
and actually being performed by members of the bargaining
unit will not be performed outside the bargaining unit before
January 31, 2022.

(a) Level I and Level II maintenance work of

national equipment used for the internal
processing of mail currently being performed
by members of the bargaining unit.

For the purpose of Part I of this appendix,

national equipment means:

• Multi-line Optical Character Reader;

• Culler-Facer-Canceller;
• Video Encoding System;
• Flat Sorting Machine;
• Small Parcel Bundle Sorter.

National equipment also includes the following

equipment, but only in those sites which
contained such equipment on the date of
signing of the collective agreement:

• Bar Code Sorter;

• Enhanced Bar Code Sorter.

(b) The internal processing of mail including

redirection work, that currently is being
performed within corporate facilities.

(c) The routine maintenance of light vehicles

owned or leased by the Corporation currently
 447
being performed by bargaining unit
employees. If the number of vehicles
attached to a facility drops below seventy-five
(75), the work may be contracted out.
Facilities will not be divided in order to reduce
the number of vehicles in a facility.

2. Should the Corporation plan, prior to the

expiry date of the collective agreement, to have any of the
above work performed outside the bargaining unit after
January 31, 2022, it will meet with the Union at least six (6)
months prior to the work being given outside in order to
consult. This six (6) month period replaces the ninety (90)
day period provided for in sub-paragraph 2.1(a) of Part II of
Appendix “T”.

3. RETAIL COUNTERS

The Corporation undertakes that as of

January 31, 2022 the number of retail counters shall not be
less than four hundred ninety-three (493).

II. NO CONTRACTING OUT OF WORK

PERFORMED BY MAIL SERVICE
COURIERS, MOTORIZED MAIL COURIERS
OR LETTER CARRIERS

The Corporation has no intention of

contracting out the clearance of street letter boxes and
relay bundle deliveries where such contracting out would
result in surplus employees between the date of signing of
the collective agreement and January 31, 2022.

Accordingly, Part II of this appendix will

confirm that the Corporation will not contract out the
clearance of street letter boxes and relay bundle deliveries
that are normally, regularly and actually performed by the
employees within the bargaining unit between the date of
signing of the collective agreement and January 31, 2022.
 448

The Corporation will not contract out other

work normally, regularly and actually performed by mail
service couriers without providing adequate notice to the
Union. Such notice will be provided to the National level of
the Union no later than nine (9) months prior to the
proposed implementation date of the contract.

The provisions of Part II and sub-paragraphs

5.5 to 5.9 of Part V of Appendix “T” shall apply.

The Corporation will not contract out work

normally, regularly and actually performed by motorized
mail couriers between the date of signing of the collective
agreement and January 31, 2022. This shall not include
work involving the conveyance of letter carriers to and from
their work.

The Corporation has no intention of

contracting out work normally, regularly and actually
performed by letter carriers where such contracting out
would result in surplus employees between the date of
signing of the collective agreement and January 31, 2022.
 449

APPENDIX “J”

LEAD HAND
1. The Corporation may establish lead hand
assignments in any group in any postal installation after
consultation with the Union.

2. The assignments of Wicket/Counter Clerk

Lead Hand shall be deemed to be preferred assignments
within the meaning of Article 12 of the collective agreement.

3. An employee who holds a Group 3 lead hand

assignment or who substantially performs the duties of a
lead hand in Group 3 on a temporary basis will be paid a
differential based on the charts below:

(a) VHE - Lead Hand Differential

Lead Lead Hand Lead Hand

Hand Co-ordinates Differential as a
Level Percentage of Basic
Rate
1 A1 4.0
2 B2 6.5
3 B3 C2 11.0
4 B4 C3 D2 15.0
5 B5 C4 D3 E2 19.0
6 B6 C5 D4 E3 22.5
7 B7 C6 D5 E4 26.0
8 C7 D6 E5 29.5
9 D7 E6 33.0
10 E7 36.5
 450
(b) STS (Lead Hand) Lead Hand Differential

Lead Lead Hand Lead Hand

Hand Co-ordinates Differential as a
Level Percentage of Basic
Rate
1 A1 4.0
2 B2 6.0
3 B3 C2 8.5
4 B4 C3 D2 11.5
5 B5 C4 D3 14.5
6 B6 C5 D4 17.5
7 C6 D5 20.5
8 D6 23.5

(c) The job descriptions for the assignments

mentioned in paragraph 3 above have been
amended to delete any requirement to directly
exercise discipline and the word “supervisory”
has been changed to “lead hand”.
 451

APPENDIX “K”

Ms. Lynn Bue

Chief Negotiator
Canadian Union of Postal Workers
377 Bank Street
OTTAWA ON K2P 1Y3

RE: Letter Carriers – Problems With Carrying

Weight and Relay Stops

The Corporation is committed to ensuring the health and

safety of employees. To this end, the Corporation’s goal is
to ensure that the weight of mail to be carried remains
within safe limits and that employees have at their disposal
sufficient relay stops, authorized drops and, if necessary,
additional relay boxes to meet this objective. It is
recognized that the Union shares this goal with the
Corporation.

This commitment is given with the full and reasonable

expectation that employees follow applicable work rules
and safe work practices when carrying out their jobs.

The employee and his or her supervisor are in the best

position to understand the exact nature of each problem
and to find solutions. A “one size fits all” approach will not
work, so we must find the right solution to each problem.
The letter carrier will advise his or her supervisor of the fact
that he or she is experiencing a problem with managing the
weight requirements for the route. The Supervisor will be
given the opportunity to resolve the problem. My
expectation is that the problem will be resolved at this point.

Where the supervisor does not resolve the problem, the

employee may raise the issue to the Local Joint Health and
Safety Committee and then, if the issue remains
 452
unresolved, to an arbitrator in accordance with the
procedure agreed upon herein.

To give effect to this letter, the Corporation will immediately

begin to make available additional relay boxes for use by
letter carriers in overburdening situations, in accordance
with the procedure below.

Local management and the Local Joint Health and Safety

Committees will ensure that such problems are addressed in
a timely and efficient manner.

PROCEDURE CONCERNING OVERBURDENING

SITUATIONS

1. A letter carrier who feels there is an

overburdening situation on his or her route must first raise
the problem with his or her supervisor.

2. If the letter carrier feels that the supervisor did

not resolve the problem in a satisfactory manner, he or she
may raise the problem with the Local Joint Health and
Safety Committee.

3. The Local Joint Health and Safety Committee

shall conduct the necessary investigations and verifications
to determine if there is an overburdening situation, identify
its causes and, if an overburdening situation is found to
exist, decide whether to change the placement of relay
boxes on a route, add relay boxes or add authorized relay
drops.

4. If the members of the Local Joint Health and

Safety Committee cannot reach agreement or if the
Corporation does not implement the decision of the
Committee, a grievance may be filed and referred to
arbitration. In such a situation, the procedure set out in
paragraphs 47.11(c), (d) and (e) shall apply.
 453
5. If the arbitrator concludes that there is an
overburdening situation, he or she shall decide whether to
change the placement of relay boxes on a route, add relay
boxes or add authorized relay drops.

C. Anne Joynt
Senior Vice-President
Human Resources
 454

APPENDIX “K-1”

LETTER CARRIER CARTS

1. The parties agree that carts shall be made
available as an assistive tool to letter carriers upon their
written request. The day-to-day use of carts is solely on a
voluntary basis.

2. During the training for all new letter carriers,

the benefits of using a cart will be part of the theoretical
training and at least one (1) day of the practical training will
be done using a cart.

3. The parties acknowledge that letter carrier

routes are assessed or restructured on the basis that the
letter carriers are not using carts. As a result, should a letter
carrier choose to use a cart it will have no impact on the
assessment or restructuring of the route and will not cause
any reassessment or restructuring of the route.

4. It is agreed that the use of a cart shall not be

considered as a new work method or a change to an
existing work method, nor will it require a new standard or
the allocation of time values or the payment of an
allowance.
 455

APPENDIX “K-2”

OVERBURDENING – RELAY BOXES AND

PARK AND LOOPS

The mixture of the mail and other products that

letter carriers must carry has changed. Over- burdening is
not just a weight issue now, but also a volume issue.
Therefore, the parties agree to the following:

(1) The parties shall review, on a regular basis, the

processes in Appendices "K" and "K-1" to ensure
compliance with these measures.

(2) The parties shall undertake an Appendix "AA"

project to ensure that letter carriers are not being
required to carry excessive weight and volume of
mail, small packets and neighbourhood mail in their
satchels, either on park and loops or carries
between relay stops.

(3) This project shall be completed within one (1) year of

the date of signing of the collective agreement.
 456

APPENDIX “L”
CHILD CARE FUND

1. The Corporation and the Union recognize the

need for good quality affordable child care services for all
employees and the need to provide employees with support
in their child care responsibilities. Consequently, the
Corporation agrees to contribute to a Child Care Fund (the
Fund) and the Union agrees to administer this Fund in
accordance with the following provisions.

2. The Fund is used exclusively for the following

purposes:

(a) develop materials, and support community,

child care and disability organizations to
provide information and resources to CUPW
members on child care and other related
support;

(b) conduct analyses and research to assess

child care and other related support needs
and the methods used to meet these needs;

(c) establish or assist in establishing child care

facilities and oversee their operation;

(d) pay subsidies for child care services and other

related support;

(e) reach agreements with child care facilities or

other institutions to provide or facilitate
supports;

(f) hire staff or reimburse the salary of bargaining

unit employees on Union leave for the above-
mentioned purposes.
 457

3. In principle, only those employees in the

bargaining unit, their children, their grandchildren for whom
the employee provides the primary financial and residential
support and their adult children with special needs who are
dependant on their parents for care shall be covered by the
Fund.

However, insofar as other places remain

available, they are offered by preference to other
employees of the Corporation and their children, but the
Fund shall not assume the costs of these services.

4. The Trust Fund that is already established to

receive the monies from the Corporation shall be
maintained. Withdrawals or cheques drawn on this account
shall require the signature of two (2) persons specifically
designated for this purpose by the Union. This requirement
shall be reproduced in the banking arrangement documents
between the financial institution and the Union.

5. Starting April 1st, 2007, the Corporation shall

deposit in the Trust Fund the amount of three hundred and
six thousand dollars ($306,000) within fifteen (15) days
after receiving the applicable quarterly financial statements
of the Fund from the Union.

6. Starting April 1st, 2008, the Corporation shall

deposit in the Trust Fund the amount of three hundred and
twelve thousand dollars ($312,000) within fifteen (15) days
after receiving the applicable quarterly financial statements
of the Fund from the Union.

7. Starting April 1st, 2009, the Corporation shall

deposit in the Trust Fund the amount of three hundred and
eighteen thousand dollars ($318,000) within fifteen (15)
days after receiving the applicable quarterly financial
statements of the Fund from the Union.
 458

8. Starting April 1st, 2010, the Corporation shall

deposit in the Trust Fund the amount of three hundred and
twenty four thousand dollars ($324,000) within fifteen (15)
days after receiving the applicable quarterly financial
statements of the Fund from the Union.

9. Subject to paragraph 10 below, the

Corporation shall also deposit in the Trust Fund, within
fifteen (15) days after the Corporation’s Annual Report is
tabled in the House of Commons, an amount equal to five
tenths (5/10) of one percent (1%) of the Income from
Operations from the Canada Post Corporation
Unconsolidated Statement of Income. The Canada Post
Corporation Unconsolidated Statement of Income will be
provided to the Union at the same time as the Union
receives the Annual Report.

10. Starting April 1st, 2008, the sum of the

amounts deposited in the Fund under paragraphs 6, 7, 8
and 9 shall not exceed two million five hundred thousand
dollars ($2,500,000) in any fiscal year.

11. At no time shall the Fund balance exceed two

million five hundred thousand dollars ($2,500,000). Should
a quarterly payment or an annual payment cause the Fund
to exceed two million five hundred thousand dollars
($2,500,000) then that payment shall be reduced such that
the payment plus the Fund balance prior to the payment
shall not exceed two million five hundred thousand dollars
($2,500,000). If within sixty (60) days subsequent to the
date of the reduced payment, the Fund balance is reduced
as a result of normal disbursements consistent with the
mandate of the Fund then all, or a portion, of the funds
withheld shall be paid such that the Fund balance is
reinstated to a maximum of two million five hundred
thousand dollars ($2,500,000). After sixty (60) days, the
amount of the funds withheld shall no longer be available.
 459
12. All interest income shall accrue to the Fund.

13. The Union shall maintain financial records of

monies received by and monies disbursed from the Fund.
The Union shall ensure that arrangements are made to
have all financial records and transactions audited by a firm
of chartered accountants. The Corporation shall be
authorized to question the specifics of an expenditure and
the Union shall ensure that all disbursements from the Fund
conform to the purpose described in paragraph 2 above,
failing which all obligations under this appendix shall
terminate.

14. Within thirty (30) days of the end of the Fund

accounting year, the Union shall provide the Corporation
with an audited financial statement certifying that all
expenditures made from the Fund were in accordance with
the purpose of the Fund and used exclusively for such
purpose. At the request of the Corporation, the Union shall
meet at the end of the accounting year with the Corporation
to provide a report on the completed and ongoing projects
of the Fund.

15. The Union agrees to add the following

sentence to any document that is distributed describing the
Fund: “The Child Care Fund is administered by the
Canadian Union of Postal Workers and financed by the
Canada Post Corporation.”
 460

APPENDIX “M”

CONSULTATIVE COMMITTEE ON BENEFITS

1. The “Consultative Committee on Benefits”
shall be composed of four (4) representatives selected by
the unions and four (4) representatives selected by the
Corporation. The Canadian Union of Postal Workers shall
select two (2) representatives to sit on the Committee. The
Union of Postal Communications Employees (UPCE) and
the Canadian Postmasters and Assistants Association
(CPAA) shall select one (1) person each to sit on the
Committee. Should either the UPCE, or CPAA choose not
to designate a representative, CUPW will designate an
additional representative.

2. Either party may replace one of its

representatives on the committee at any time.

3. The mandate of the Committee will be to

consult and make non-binding recommendations to the
Corporation on the following matters pertaining to the
insurance plans mentioned at clauses 30.02, 30.04, 30.05
and 30.06 (“the Plans”):

(a) appropriate means of ensuring that all

employees are aware of the benefits to which
they are entitled under the Plans and of the
procedures to be followed in the applicable
claims or appeal process;

(b) improvements and changes which could be

made to the Plans;

(c) any question or complaint submitted by an

employee or the parties, other than those that
may be dealt with in the claims or appeal
process.
 461

4. To assist the Committee in fulfilling its

mandate, it will be provided with the financial information
for the fiscal year 97/98 and following, on the administration
and claims experience of the Plans.

5. The Committee shall determine its own

procedures.

6. Each party shall pay the salary or fees of its

representatives on the Committee.

7. The Committee will meet quarterly or more

often as agreed to by the Committee.
 462

APPENDIX “N”

DISABILITY INSURANCE PLAN APPEAL

PROCESS

A. THE CLAIMS AND APPEAL PROCESS

1. Submitting a Claim

The claim documents will include a release

that the employee may sign to authorize a Union
representative to represent the employee’s interests during
the process outlined below and to access the employee’s
medical information.

2. Disability Claims Adjudicator/Disability

Claims Specialist

The claim will be adjudicated and a decision

rendered. If the claim is denied, the employee will be
notified in writing that the claim is proceeding to the next
step.

3. Disability Team Leader

Where the Disability Claims

Adjudicator/Disability Claims Specialist denies a claim, it
will automatically be sent to a Disability Team Leader within
five (5) working days after the Disability Claims
Adjudicator/Disability Claims Specialist's decision, without
the employee appealing, and without the requirement for
additional medical information. However, the employee
may provide additional medical information should the
Disability Team Leader deem it appropriate.

The Disability Team Leader will review the

case with the applicable Occupational Health Nurse and as
the case may be, with the Union representative authorized
 463
to represent the employee.

A decision will be rendered within ten (10)

working days after receiving the adjudicator’s decision. The
employee will be notified in writing of the decision.

4. Senior Disability Analyst

In the event that a claim continues to be

denied by the Disability Team Leader, the claim will be
submitted to a Senior Disability Analyst. New medical
information may be required at this stage of the process.

The Senior Disability Analyst will review the

case history on file, and any new medical information. The
Senior Disability Analyst will issue a final decision within ten
(10) working days of receiving the complete file, including
any new medical information.

The decision of the Senior Disability Analyst is

the final decision of the Insurance Carrier. An employee
whose claim is denied and who nevertheless deems he or
she is entitled to payment of benefits may resort to the
courts, but will not have recourse to the grievance
procedure under the collective agreement.

B. CASE REVIEW COMMITTEE MEETINGS

In addition to the appeal process outlined

above, where an employee has authorized in writing a
Union representative to represent him or her, the
Corporation shall ask the appropriate Union representative
to participate in person or by telephone, in the monthly
and/or quarterly area Case Review Committee Meetings
between the Insurance Carrier and the Occupational Health
Nurse group when the employee’s case is being discussed.
 464

APPENDIX “O”

CENTRALIZED RELIEF GROUP – FOR

GROUP 1 (POSTAL STATIONS)

The current centralized relief systems in

existence for postal stations will remain in effect for the
term of the new collective agreement.

However, such systems may be subject to

modifications following consultation at the local level.
 465

APPENDIX “P”

FULL-TIME STAFF IN GROUP 1

1. Full-time to Total Hours Ratio in Group 1

(a) In this appendix:

(i) “Hours Paid” means all straight time

paid hours including leave hours but
excluding allowances paid during
parental leaves.

(ii) “Full-Time Hours” means all Hours Paid

during a fiscal year for all regular full-
time employees in Group 1 as reported
in the Corporation’s General Ledger.

(iii) “Total Hours” means all Hours Paid

during a fiscal year for all Group 1
employees, as reported in the
Corporation’s General Ledger.

(iv) “Total Regular Hours” means all Hours

Paid during a fiscal year for all regular
employees in Group 1, as reported in
the Corporation’s General Ledger.

(v) “Adjustment Rate” means all paid hours

of Sick Leave, Injury on Duty and
Special Leave and all hours of leave
without pay, for Sick Leave, Absent
without leave, and Others for regular
employees in Group 1 as reported in
the Corporation’s General Ledger,
expressed as a percentage of Total
Regular Hours for a fiscal year.
 466
(vi) “Adjustment Factor” means the
percentage resulting from subtracting
the base Adjustment Rate of eight point
fifty-seven percent (8.57%) from the
Adjustment Rate for the evaluated
fiscal year.

(b) The Corporation undertakes to maintain a

national ratio of seventy-eight percent (78%)
for each fiscal year.

(c) The national ratio for a fiscal year will be

determined by the following formula:

Full-time Hours
Total Hours - (Adjustment Factor x Total
regular hours)

2. Information and corrective measures

(a) The Corporation shall transmit to the Union

within twenty (20) working days from the last
day of each of the periods of a fiscal year, a
report showing for the period and for year-to-
date:

(i) the Full-Time Hours;

(ii) Total Hours;

(iii) Total Regular Hours; and,

(iv) the Adjustment Rate with its supporting

data described in sub-paragraph 1 (a)
(v) of this appendix.

(b) The Corporation further agrees to provide for

each period a report showing, for the period
and for year-to-date, the following information:
 467

(i) straight time hours paid to regular full-

time employees;

(ii) overtime hours paid to regular full- time

employees;

(iii) hours paid to part-time employees;

(iv) hours paid to temporary employees.

This information shall be provided for:

(v) each of the major postal installations;

(vi) the retail organization broken down by

region;

(vii) all other employees of Group 1 not

covered by the report in sub-
paragraphs 2 (b)(v) and 2 (b)(vi) broken
down by region.

(c) At any time during the fiscal year and at the

request of either party, the parties shall hold
national consultation to review period reports
and year-to-date.

(d) If, at the end of the fiscal year, the ratio has
not been attained, the Corporation undertakes
to create an equivalent number of regular full-
time positions using the following approach:

(i) The targeted ratio defined in paragraph

1 (b) minus the actual result of the ratio
at the end of that fiscal year.

(ii) The result of sub-paragraph 2 (d)(i)

multiplied by the denominator for the
 468
fiscal year following the adjustment
contemplated in the formula at
paragraph 1 (c), if applicable.

(iii) The result of sub-paragraph 2 (d)(ii)

multiplied by a blended productivity
factor of one hundred and twenty
percent (120%).

(iv) The result of sub-paragraph 2 (d)(iii)

divided by a person-year equivalent of
2,087.04.

The Corporation undertakes to create this

equivalent number of regular full-time
positions and initiate the staffing process
within ninety (90) days of the publication of the
last period reports.

(e) For greater certainty, there shall be no

retroactive measures associated with the
creation of additional regular full-time
positions in paragraph 2(d), provided they are
created and the staffing process initiated
within the ninety (90) day period.

(f) Notwithstanding clause 9.99, the general

powers of the Arbitrator in relation to any
alleged violation of the Corporation’s
undertaking found in paragraph 1(b) of this
appendix shall be limited to the granting of the
redress under paragraph 2(d) and shall
comply with paragraph 2(e) of this appendix.

(g) The parties will meet quarterly at the national

level to discuss any concerns the Union may
bring forward with respect to staffing levels
and the utilization of hours. The parties will
make reasonable efforts to agree to a
 469
resolution of identified situations.

The parties will also meet quarterly at the local

level to discuss staffing levels in post offices
Grades 7 to 9.

The Corporation will provide the local union

with relevant information for post offices
Grade 7 to 9 with respect to staffing as it
becomes available.

(h) At any time during the fiscal year and at the

request of either party, the parties shall hold
local consultation to ensure that the
commitment found in clause 39.06 is
respected.

(i) It is agreed that the total number of part-time

positions in post offices Grades 7 and 8 shall
not exceed one thousand (1000).

(j) Furthermore, after the obligation mentioned in

paragraph 1 (b) of this appendix has been
met, all grievances concerning staffing levels
for the relevant fiscal year are hereby
withdrawn, irrespective of where they are in
the grievance and arbitration procedure. In
the meantime, these grievances will be held in
abeyance.
 470

APPENDIX “Q”

THE APPLICATION OF CLAUSE 9.51

During the recent negotiations, the parties
agreed that as a matter of principle, grievances shall be
referred to arbitrators in the chronological order of their
referral to arbitration and the provisions of clause 9.51 give
effect to this agreement.

The parties also acknowledge that in every

geographical area the arbitration hearings are held in
different cities according to needs without necessarily being
held in all the cities where the Corporation has installations.
On the other hand, the fact that there are many installations
in large centres may also have an impact on the
administration of the arbitration procedure.

Finally, the parties also acknowledge that

clauses 9.59 and 9.81 allow the grouping of grievances for
hearing purposes under some conditions.

Therefore, the parties recognize that, while

complying with the principle of chronological order, some
flexibility is required. They therefore agree that, according
to circumstances, the chronological order may be
established on the basis of all the grievances of a
geographical area, a region, a city, a group of cities, a
postal installation or a group of postal installations, as well
as between the grievances referred to in clause 9.81.
 471

APPENDIX “R”

INTERNATIONAL POSTAL FUND

1. The parties recognize the desirability of the
Union and its members becoming more involved in
international union activities.

2. As a result, the Corporation agrees to

contribute to an International Postal Fund (the “Fund”)
established and administered by the Union in accordance
with the provisions of this appendix.

3. The Fund shall be used exclusively to allow

the Union and its members who are employees of the
Corporation to develop and maintain a relationship and
exchange with postal workers from other countries and their
unions. The Fund shall also be used to facilitate the
participation of such Union members in international union
activities.

The CUPW agrees that the Fund shall not be

used to sponsor activities that may tarnish the image of the
Corporation or be detrimental to it.

4. The Corporation agrees to contribute to the

Fund in the maximum amount of two hundred thousand
dollars ($200,000) per fiscal year as described below. Fund
balances, if any, shall be carried forward into the next fiscal
year.

5. The Corporation shall, within sixty (60) days

following the completion of the fiscal quarter commencing
after the date of signing of the collective agreement,
deposit the sum of fifty thousand dollars ($50,000) into the
Fund.
 472
6. Within fifteen (15) days following the end of
each subsequent fiscal quarter, the Corporation shall
deposit fifty thousand dollars ($50,000) into the Fund.

7. The Fund balance shall not, at any time,

exceed the total amount of two hundred thousand dollars
($200,000). Should any deposit into the Fund cause it to
exceed this amount, that deposit shall be reduced as
necessary.

8. Union disbursements from the Fund shall not,

in any fiscal year, exceed the total amount of two hundred
thousand dollars ($200,000).

9. The Union shall maintain financial records of

monies received by and monies disbursed from the Fund.
The Union shall ensure that all financial records and
transactions of the Fund are duly audited by a recognized
firm of chartered accountants. The Corporation may
question the specifics of any expenditure of the Fund and
the Union shall ensure that all disbursements from the Fund
conform to the provisions of this appendix.

10. Within thirty (30) days of the end of the Fund

accounting year, the Union shall provide the Corporation
with duly audited financial statements certifying that all
expenditures made from the Fund were in accordance with
the purpose of the Fund.

11. The Corporation’s obligations under this

appendix shall terminate in the event that any of its
provisions are breached by the Union.
 473

APPENDIX “S”

PARCEL DELIVERY MODEL

I. AGREEMENT ON A PARCEL DELIVERY
MODEL

1.1 The parties agree to the implementation of a

Parcel Delivery Model (the Model) for parcel delivery by
Mail Service Couriers (MSCs). The Model is based on the
Winnipeg Pilot Project, with agreed upon modifications,
conducted under Appendix “AA” of the collective agreement
that expired on January 31, 2003.

1.2 The Model, as described below, will be

implemented in all areas with MSCs commencing in 2004,
according to the implementation plan set out in paragraph
6.1 of this appendix, and may be implemented in other
areas in accordance with paragraph 6.7.

1.3 At the same time as the Model is

implemented in each delivery operation with MSCs, the
Corporation will contract in all Urban Expedited Contractor
(UEC) parcel delivery work and all light vehicle parcel
pickup work (UEC work) in that location.

1.4 Nothing in this appendix prevents the

Corporation from making changes to the parcel delivery
system that are not otherwise contrary to the collective
agreement or this appendix, or from otherwise exercising its
rights and responsibilities as management.

II. ELEMENTS AND AGREEMENTS OF THE

MODEL

2.1 The Model consists of the following elements

and agreements:
 474
(a) Parcel delivery rates will be calculated in
delivery stops per hour.

(b) Parcel delivery rates used to calculate daily

parcel delivery workloads are variable in
nature with fluctuation based on the variation
in the delivery stop density in the loop on a
particular day.

(c) Parcel routes are structured using a loop

system consisting of a defined travel path,
dynamic route boundaries, equalization within
a loop, and cross-loop load leveling.

(d) Sequencing and loading of parcels are

integrated with final parcel sortation and
performed by employees working in Parcel
Support PO-4 positions as per the Job
Description for Parcel Support PO-4. In cases
where PO-5s are now involved in final parcel
sortation, the parties agree that, for purposes
of the Model, the PO-5 job description will be
deemed to be amended to include the parcel
support duties in the PO-4 Parcel Support job
description. The unloading of the MSC
vehicles, within the parcel hubs, may be
performed by either MSC or Parcel Support
PO-4 employees or PO-4 employees or PO-5
employees (where they are currently
performing parcel support work). Where
practicable and where this unloading work is
to be done by PO-4s this work shall be
combined together and/or with other PO-4
duties to create a full-time continuous
assignment.

(e) The workweek for full-time MSCs delivering

parcels within a loop will consist of forty (40)
hours spread over five (5) days. MSCs have a
 475
fixed schedule, but the scheduled hours of
work may differ from one day of the workweek
to the next. The fixed scheduled hours of work
must not be less than six (6) nor more than
ten (10) hours per day. Overtime rates of pay
shall apply after the completion of scheduled
hours of work for each day.

(f) There may be one (1) part-time MSC route

designated as a “flex” part-time route
structured into each delivery loop or
combination of loops. The “flex” part-time
route shall be structured for parcel delivery
duties. By design, parcels will be assigned to
routes in a loop in such a way that any
trapped time (unused scheduled hours) will
accumulate on the “flex” part-time route. In
exceptional situations, there may still be
additional unused scheduled hours, if so,
these hours will be shared equally between
the other routes in the loop. Unused
scheduled hours that accumulate on a “flex”
part-time route can be used to perform other
MSC duties in an order of priority outlined in
Part VIII during the normal scheduled hours of
the “flex” part-time route.

(g) Employees holding a “flex” part-time

assignment, as referred to in sub-paragraph
2.1(f), will be paid for the minimum scheduled
hours of their assignment, or the hours
actually worked, whichever is greater. The
minimum scheduled hours are not less than
twenty (20) hours per week. When parcel
volumes exceed capacity in his or her loop,
the “flex” part-time employee can be assigned
additional parcel volumes for delivery, up to a
maximum of eight (8) hours on any workday.
 476
(h) In a twelve (12) week period, beginning on the
second, third or fourth Sunday of June,
additional weeks of vacation leave can be
added to the vacation schedule, starting with
the second summer in which the Model is in
place in a particular location. The amount of
such additional vacation coverage will be
based on the unused scheduled hours as
determined by the stops data from the
previous year, additional leave data from the
previous year and known adjustments from
the current year. These weeks of vacation
coverage:

(i) will not necessarily be aligned with the

four (4) week block structure set out in
paragraph 19.13(b) of the collective
agreement;

(ii) will not necessarily be the same

number of additional weeks for each
week of the twelve (12) week periods
set out above;

(iii) will first be used for superimposed

weeks of vacation leave as per
paragraph 19.15(f) of the collective
agreement during the twelve (12) week
period.

Any remaining weeks will then be offered for

bid in the second round of vacation bidding.

These weeks are not available for

superimposing.

(i) Notwithstanding clauses 19.15, 15.22 and

17.06, the additional vacation weeks under
sub-paragraph 2.1(h) will be covered by
 477
employees holding the “flex” part-time routes
described in sub-paragraph 2.1(f). To cover
these additional weeks of vacation, “flex” part-
time employees become acting full-time MSC
relief employees, guaranteed forty (40) hours
of work at the applicable MSC (Relief) pay
rate. The order of priority in which the “flex”
part-time employees will cover these
additional vacation weeks will be determined
and identified at the time of the restructure.
This order of priority will be an integral part of
the “flex” part-time assignment, including for
bidding purposes.

(j) In the event there are insufficient “flex” part-

time employees available to cover the
remaining vacation leave under sub-
paragraph 2.1(h), and notwithstanding clause
17.04, part-time employees holding weekend
only assignments will be offered the
opportunity to cover the remaining periods of
vacation leave on their unscheduled days.
The work to be offered will be the portion of
the affected full-time parcel delivery routes
that remain uncovered after the route’s parcel
duties are used to fill available scheduled
hours on other routes within the loop. The
coverage can be offered in two (2) or three (3)
day segments, on the basis of seniority. In the
event the assignment cannot be covered in
the two (2) or three (3) day segments, it will be
offered on the basis of seniority in one day
segments.

(k) Coverage of additional vacation leave created

under sub-paragraph 2.1(h), including
superimposed weeks under sub- paragraph
2.1(h) (iii) will not be included in the bar chart
calculation.
 478

(l) Any superimposed vacation leave during the

period described in sub-paragraph 2.1(h) that
cannot be covered by a “flex” part-time MSC
pursuant to sub-paragraph 2.1(i), or that
cannot be covered by a part-time MSC
employed in weekend operations pursuant to
sub-paragraph 2.1(j), may be covered by a
temporary employee. Clauses 19.15 (i), (j), (k)
and (l) do not apply to MSCs in locations
where the Model has been implemented
starting with the second summer in which the
Model is in place in that particular location.

(m) The meal break for MSCs in an area,

including those not assigned to parcel delivery
routes, will start between three (3) hours and
five (5) hours after the official starting time of
the route. The meal period shall be for a
minimum of one half (1/2) hour and a
maximum of one half (1/2) hour shall be paid.

(n) MSCs, including those not assigned to parcel

delivery routes, shall take the meal break on
the route and will determine their meal
location and the time of the meal break
described in sub-paragraph 2.1(m). In cases
where an MSC identifies a problem with
finding a suitable meal location in his or her
delivery area within the meal window
identified in sub-paragraph 2.1(m), he or she
will notify the Corporation. The Corporation
will investigate the problem and identify a
suitable location that meets the following
criteria:

(i) has toilets, hot water and facilities for

hand washing before the meal;
 479
(ii) has proper furnishings for a meal;

(iii) has unrestricted access, including for

employees who bring their own food or
beverages;

(iv) has the same level of cleanliness, food

safety and hygiene as that required of a
public restaurant.

The Union observer specified in sub-

paragraph 46.03(a)(iv) may be used to help
identify and compile a list of suitable meal
locations and their street addresses, which
shall be included on the route tour sheets for
information purposes.

(o) A three (3) minute travel time allowance shall

be provided for each route with meal on route.
This paragraph shall not apply to MSCs who
are structured to take their meal break at a
corporate facility.

(p) Monday volumes may be reduced by

scheduling parcel delivery on the weekend.

(q) Relay delivery, morning street mail box

clearance, morning Retail Post Office (RPO)
pick-ups and other letter carrier support
functions, shall be performed by letter
carriers, unless it is not operationally feasible.

(r) Except as provided for in sub-paragraph

2.1(q), where operationally feasible, RPO
pick-ups and street mailbox clearances will be
used to maximize full-time positions.

(s) Full-time positions will be maximized in the

design and structuring of MSC loops and
 480
routes, and in the Parcel Support Operation.

(t) When implementing the Model, the parties

agree to follow the principles set out in clause
39.06, to minimize the creation of part-time
jobs. Clause 39.06 shall not apply to “flex”
part-time positions.

(u) A computerized system will be used for the

assignment of parcel stops in building the
daily delivery workload for each route. Where
available, this data will be used to establish a
volume base by Local Delivery Unit (LDU) and
sub-delivery data will be obtained from this
volume base. This electronic data will replace
current manual paper based processes
wherever available and will be provided to the
local Union on a quarterly basis. The
information provided under this paragraph
shall be subject to non- disclosure.

(v) Any additional elements and agreements as

may be set out in the remainder of this
appendix.

III. NATIONAL PARCEL PROJECT

COMMITTEE

3.1 The parties agree to work together to facilitate

the conversion of the present Mail Service Courier, Letter
Carrier and Plant operations to the Model. To this end, the
parties shall establish a National Parcel Project Committee
(the Committee) within sixty (60) days following the signing
of this agreement.

3.2 The Committee shall consist of a Steering

Committee and a Working Committee. The Steering
Committee shall be composed of two (2) senior
representatives appointed by each party. The Working
 481
Committee shall be composed of two (2) representatives
appointed by each party, and shall operate under the
authority and direction of the Steering Committee to
oversee the implementation of the Model and make
adjustments where necessary to meet the timelines
specified in the implementation plan. This committee will
also take an active role wherever possible, to quickly settle
disagreements at the local level in order to minimize or
avoid the filing of grievances.

Unless the parties agree otherwise, the

members of the Working Committee will be assigned on a
full-time basis to fulfill their responsibilities. The parties may
agree to provide additional personnel as required to attain
the objective outlined in paragraph 3.1. Each party can, at
any time, replace a person appointed as a member of the
Committee and designate alternative representatives.

3.3 The Corporation agrees to pay the expenses,

salaries, and benefits of the members of the Working
Committee and of local committees established under this
appendix who are not full-time representatives of the Union,
to a maximum total, across all such committees, of one
point five million dollars ($1.5 million). This amount covers
only the sites set out in paragraph 6.1. This amount is
above and beyond any costs the Corporation would
normally incur for union observers under Articles 46 and 47.

The Corporation will follow the present

practice with respect to paid attendance at union-
management meetings that will include local working
committee members, but will not include full-time union
representatives. This amount is also above and beyond any
costs the Corporation would incur in conducting the tests
set out in Part VII of this appendix.

3.4 The mandate of the Working Committee shall

be to establish a local working committee in an area prior to
the introduction of the Model in that area, to provide support
 482
and advice to the local working committees on all aspects
of the conversion, to ensure that the new Model conforms
to this appendix, to assist in the discussions regarding
amendments to the MSCWSS Manual, to ensure an open
sharing of all information related to the conversion, to
develop the terms of references, study methods, and to
oversee the pilot projects as described in Part VII; and to
resolve any problems that cannot be resolved at the local
level.

3.5 All Committees shall meet at the

Corporation’s offices or facilities, or such other premises
provided by the Corporation.

3.6 Technological changes related to the

implementation of the Model, made pursuant to this
appendix, shall be deemed to meet the notification
requirements of the Corporation under Article 29 of the
collective agreement.

IV. LOCAL WORKING COMMITTEES

4.1 Prior to the commencement of work on the

conversion to the Model pursuant to this appendix, the
parties will each appoint an equal number of
representatives to serve on a local working committee. The
size of the local committee may vary taking into account the
number of routes and the size of the operation involved in
the conversion to the Model, but in every case the local
committee shall have at least two (2) representatives from
each party. The local committee shall operate under the
authority and direction of the National Committee.

4.2 The mandate of the local committee will be to

meet on a regular basis to ensure that the conversion is
proceeding according to the agreements between the
parties; to ensure that employees affected by the
conversion are adequately informed of the changes; to
discuss all relevant issues related to the change, such as
 483
administrative matters related to bidding and facility issues;
and to strive to resolve any problems or disputes that may
arise. The Committee may assign additional duties to the
local committee.

4.3 The local committee will function until such

time as the parties agree that the restructure of the MSC
operation in that location is stabilized, but in all cases, for at
least one month following implementation.

V. AMENDMENTS TO THE MSC WORKLOAD

STRUCTURING SYSTEM (MSCWSS)
MANUAL

5.1 The parties agree that within one hundred

twenty (120) days of the signing of this collective
agreement, the Corporation will table a draft MSCWSS and
will commence consultation to amend the Mail
Service Courier Workload Structuring System Manual (the
Manual), as required, in order to implement the Model as
described in this appendix. This work will be done in
conjunction with the National Parcel Project Committee.

5.2 The parties will make every effort to

complete the consultation process within one hundred
eighty (180) days of the signing of this collective
agreement. This amended version of the Manual will be
used in the site-by-site implementation of the Model. Prior
to the implementation of this Model in a particular site, the
November 2002 version of the Manual will remain in effect,
along with the applicable Manpower Committee
Agreements. Ultimately, the Manpower Agreements will be
dealt with under Appendix Z.

VI. IMPLEMENTATION PLAN

6.1 The Model shall be implemented and,

concurrently, parcel delivery and light vehicle pickups by the
UEC in the area covered by that site shall be contracted in
 484
by June 30, 2007, according to the following plan:

Parcel Delivery Model

Implementation Plan

Completion Date Site

Fall 2004 Toronto Gateway
Fall 2004 Toronto YDC
Fall 2004 Toronto 1 Yonge St.
Fall 2004 Montreal Centreville
Spring 2005 Montreal St. Laurent
Fall 2005 Vancouver
Fall 2005 Halifax
Fall 2005 Hamilton
Fall 2005 Saskatoon
Fall 2005 Regina
Fall 2006 Quebec
Fall 2006 Ottawa
Fall 2006 London
Fall 2006 Windsor
Fall 2006 Moncton
Fall 2006 Kitchener
Fall 2006 Calgary
Fall 2006 Victoria
Fall 2006 Edmonton
Fall 2006 Winnipeg

6.2 The parties acknowledge that unforeseen

circumstances and reasonable delays may occur during
implementation. Such delays may necessitate changes to
completion dates in paragraph 6.1. Such extensions shall
be subject to consultation between the parties in the
Steering Committee. Any extension beyond June 30, 2007
will require agreement between the parties.

6.3 The Corporation will advise the Union of any

changes to the implementation plan. The Corporation and
the Union shall hold meaningful consultation on the
implementation plan through the Steering Committee.
 485

6.4 The parties acknowledge that the elements

of the Model, as set out in this appendix, to be implemented
may vary from site to site depending on local market and
operating conditions.

6.5 In determining the elements of the Model to

be implemented at a site, the Corporation may implement
the Model in whole or in part in the sites identified herein
and at any other location determined by the Corporation.
The elements of the Model to be implemented at each
location shall be the subject of consultation within the
Steering Committee. Any decision taken under this
paragraph shall conform to the provisions of this appendix.

6.6 Where the parties are not satisfied that the

delivery stops volume base is substantially accurate at the
start of an initial restructuring exercise, the parties agree to
implement a ratio of one (1) “flex” part-time route for every
seven (7) full-time parcel delivery routes in an area. This
shall apply to initial implementation of the Model in an area
identified in Part VI, after which, the “flex” part- time
calculation will apply.

As above, if the parties are not satisfied with

the delivery stops volume base, for the initial
implementation, then when establishing the number of “flex”
part-time routes, any fraction less than zero point twenty-
five (0.25) will be rounded down and any fraction of a “flex”
part-time route greater than or equal to zero point twenty-
five (0.25) will be rounded up.

6.7 Where the Corporation decides to implement

the Model in a site not specified in paragraph 6.1 during the
life of this collective agreement, it shall proceed according
to the revised MSCWSS manual and this appendix.
 486
VII. PILOT PROJECTS

7.1 The parties agree that as one of its first

orders of business, the Steering Committee will meet to
discuss the development and testing of a computerized
method of allocating sub-delivery values for parcel delivery
based on the parcel load assigned to each MSC each day.
The Committee will agree on the parameters, terms of
references, study method, evaluation criteria and
methodology, and all other relevant matters for the conduct
of the pilot project. This pilot project will be conducted in
Winnipeg. If the parties agree that the method is feasible
and provides a fair and equitable method of allocating sub-
delivery time values for parcel delivery, the method will be
implemented and become part of the Model.

7.2 The parties agree to conduct a pilot project

to develop and test a new method of evaluation of parcel
delivery work based on standards for delivery to different
types of points of call, applied on a daily basis to the
workload assigned on each particular day. The Committee
will agree on the parameters, method of study, evaluation
criteria and methodology, scheduling, duration of the
project, test sites and other related matters. If the parties
agree that the change is feasible and provides a fair and
equitable method of allocating point-of-call time values for
parcel delivery, the method will be implemented and
become part of the Model.

VIII. TRANSITION PROVISIONS

8.1 The parties acknowledge that a transition

period will be required for the implementation of the Model.
Consequently, until the Model has been implemented in a
site identified in Part VI, the existing MSC model and the
associated MSCWSS manual will continue to apply, unless
otherwise agreed to by the Steering Committee. To enable
the introduction of the Model as described in this appendix,
the parties recognize that certain terms and conditions of
 487
the collective agreement require modification, as indicated
below.

8.2 Notwithstanding the relevant portions of

paragraphs 14.02 (c), 14.04 (b), 14.05 (a), clause 15.01,
paragraphs 15.02 (e) and 49.02 (a), (b), (c) and (d), the
following will apply with respect to an employee in a full-
time MSC assignment within a parcel delivery loop where
the Model is implemented:

(a) The normal work week shall be forty (40)

hours, including a one-half (1/2) hour paid
meal period each day. However, the
scheduled hours of work may differ from one
day to the next day. The schedule for each
day of the week shall be fixed and may be set
at a maximum of ten (10) hours and a
minimum of six (6) hours.

(b) The meal period shall be structured to start

between three (3) and five (5) hours after the
official starting time of the route.

(c) Overtime work for employees in full-time MSC

assignments will be remunerated at the rate of
time and one-half (1½) for all hours worked in
excess of regular scheduled hours and at the
rate of double time from the third hour of
overtime performed on the same day. When
working a total of three (3) hours or more of
overtime immediately prior to or following his
or her regular scheduled hours for the day, he
or she shall be entitled to a paid meal period
of one-half (1/2) hour paid at time and one-
half, provided that he or she has not received
such meal period under the provisions of
paragraph 15.02(d).
 488
(d) For employees in the MSC classification,
deduction of available leave credits shall be
made for the actual duration of the absence.

8.3 Notwithstanding clauses 14.03, 14.04, 14.11,

14.13, 15.22, 17.04, and 49.03, the normal work week for
all part-time MSCs shall be at least twenty (20) hours.
Weekend-only part-time routes may be structured to
sixteen (16) hours per week, for a maximum of eight (8)
hours per day.

8.4 There may be one (1) part-time MSC route

designated as a “flex” part-time route structured in each
delivery loop or combination of loops. The parties agree to
use a ratio of one (1) “flex” part-time route for seven (7) full-
time parcel delivery routes in an area. The employee
assigned to such a route shall have their scheduled hours
of work extended up to eight (8) hours per day and forty
(40) hours per week when required to deal with additional
parcel volumes in his or her delivery loop. When a “flex”
part-time route has unused scheduled hours, the employee
may be assigned other MSC delivery duties, first within his
or her delivery loop, and then, if required, within another
delivery loop. Paragraph 14.03(b) will not apply to “flex”
part-time routes.

8.5 When the available scheduled hours exceed

the available workload in a loop, the Corporation may
accumulate the unused scheduled hours onto the “flex”
part-time route. These scheduled hours may be utilized in
the following order:

(a) at the discretion of the Corporation, based on

operational requirements, to deliver excess
parcels in other loops;

(b) notwithstanding clauses 17.04 and 17.05,

where absences exceed available MSC relief,
to cover MSC absences within the “flex” part-
 489
time employee’s scheduled hours;

(c) to perform other MSC work, if required, within

the “flex” part-time employee’s scheduled
hours.

8.6 The Corporation may offer other leave to full-

time and part-time MSCs equal to the amount of excess
capacity. Leave covered by “flex” part-time employees
under this clause will not be included in the bar chart
calculation. In cases where a portion of the duties are
performed by a replacement, other than a “flex” part-time,
that portion will be included in the bar chart calculation.

8.7 When a delivery loop is over capacity in terms

of parcels, the following order of priority for assigning
additional parcel delivery hours shall apply:

(a) unassigned relief provided a vehicle is

available;

(b) at the discretion of the Corporation based on

operational requirements, available unused
scheduled hours on “flex” part-time routes
from other loops may be utilized;

(c) the employee on the “flex” part-time route

within the loop will be assigned additional
parcels within the loop, at straight time to a
maximum of eight (8) hours;

(d) other part-time mail service couriers who are

available, first within the loop and then across
loops, will be offered additional hours by equal
opportunity, at straight time, up to a maximum
of eight (8) hours;

(e) other part-time mail service couriers who are

not on duty and can be called back to work
 490
will be offered additional parcels, up to a
maximum of eight (8) hours. Employees
called back, including those on unscheduled
days, shall be guaranteed a minimum of three
(3) hours work or pay at the applicable rate.
The Corporation may however forego this
offer and proceed to overtime under
paragraphs 8.7(f) and (g);

(f) volunteer full-time MSCs from within a loop

will be offered overtime by equal opportunity;

(g) other available volunteer full-time MSCs will

be offered overtime by equal opportunity;

(h) available volunteer part-time MSCs will be

offered overtime by equal opportunity;

(i) by any other means.

(j) in the application of paragraphs 8.7(a) through

(i), to be considered available, the employee
must be present on the job site at the time of
the requirement and be available to perform
the work within the established schedule.

8.8 In the application of paragraph 8.5, the

Corporation may move available unused scheduled hours
from a “flex” part-time employee in one loop onto a “flex”
part-time employee in another loop. This provision may be
applied in situations where both “flex” part-time employees
are under capacity. In all such situations, the unused
scheduled hours will be moved onto the assignment with
the greater amount of unused scheduled hours, up to the
scheduled hours of that assignment.

8.9 In locations where the Model is in place, it is

agreed that all available parcels that have been placed in
the possession of the MSC at the MSC’s regular pickup
 491
locations for the purposes of delivery will be delivered that
day.

IX. DISPUTE RESOLUTION

9.1 Subject to the following, Article 9 shall be

used to resolve grievances arising from the application or
interpretation of this appendix.

9.2 The parties recognize that disagreements

may arise from the implementation of the Model or the
interpretation of this appendix that may require resolution.

9.3 The parties agree that disagreements at the

local level concerning the Model or the interpretation of this
appendix shall be referred to the Working Committee for
resolution. Failing resolution at the Working Committee, the
matter shall be referred to the Steering Committee. Matters
referred to the Steering Committee that remain unresolved
may be referred to arbitration by either party.

9.4 All disagreements in the Working Committee

must be discussed at the Steering Committee in an effort to
reach agreement. If agreement cannot be reached, the
matter may be referred to arbitration by either party.

9.5 Grievances concerning the interpretation of

this appendix shall be referred to national formal arbitration,
to the first available arbitrator from the national list set out
in clause 9.40 of the collective agreement.
 492

APPENDIX “T”

SERVICE EXPANSION AND INNOVATION AND

CHANGE COMMITTEE

I. THE MANDATE

1.1 The Corporation and the Union recognize that

job creation depends upon the Corporation’s success in
satisfying its customer base and in generating additional
business opportunities and the impact of new proposals to
expand services. The parties recognize that the efforts of
employees and management are an important aspect of
meeting customer service requirements. The parties agree
to work together to identify ways of enhancing customer
satisfaction, business growth and opportunities to create
additional positions.

1.2 The parties also agree that, as provided for in

Part VI of this appendix, either party may propose initiatives
which will require that some provisions of the collective
agreement be temporarily adapted, changed or suspended.

1.3 The Corporation and the Union also recognize

that new opportunities may have new or enhanced skills
requirements.

1.4 The Corporation and the Union therefore

agree to maintain under the new name of Service
Expansion and Innovation and Change Committee (the
“Committee”) the existing Committee and give it the
following mandate:

(a) to identify proposals which will create

additional positions;

(b) to identify Innovation and Change Initiatives,

as described in Part VI, aimed at introducing
 493
improvements into the operations;

(c) to support skills enhancement proposals as a

result of new business opportunities;

(d) to identify ways of enhancing customer

satisfaction, expanding present services and
generating new business opportunities;

(e) to identify growth potential in current functions

represented by the bargaining agent;

(f) to identify proposals of contracting in work

currently not performed by employees of the
Corporation;

(g) to identify proposals which will result in service

improvement and revenue enhancement;

(h) to project the number of positions which could

be necessary as a result of the proposals
identified above;

(i) to investigate revenue and service

implications of proposed job creation
endeavours;

(j) to describe, establish and monitor pilot

projects which will test the viability of the
proposals identified above and the quality of
service enhancement and confirm or modify
the number of positions which are necessary
for such projects;

(k) to evaluate the pilot projects to determine

whether the projects can continue on a self-
sustaining basis or otherwise. In order to do
this, the Committee, at the request of any
member, shall select an independent
 494
evaluator who shall evaluate the above pilot
projects to determine whether the positions
associated with the projects identified and
tested could be advantageously maintained,
i.e. that they would generate sufficient
additional revenue to cover the costs of the
positions, including total labour costs and any
net additional costs, or if they could otherwise
be beneficial to the employees and to the
Corporation.

II. BARGAINING UNIT WORK

2.1 Because it is the intention of the Corporation

to have its employees perform as much of the work as
possible, the Committee is mandated to deal with the
question of having work usually done by the employees of
the bargaining unit given outside. This mandate will be
carried out as follows:

(a) All proposals concerning having the work

usually done by the employees of the
bargaining unit given outside will be consulted
upon in the Committee at least ninety (90)
calendar days prior to the proposed
implementation date.

(b) The Corporation agrees that the

representatives of the Union will be provided
with all relevant information, including any
cost benefit analysis conducted in
connection with the proposed contracting out.
Such information will be provided for the sole
purpose of the work of the Committee, subject
to paragraphs 5.5, 5.6, 5.7, 5.8 and 5.9 of Part
V hereinafter.

(c) The representatives of the Union will have the

opportunity, after having received all relevant
 495
information from the Corporation, to present
submissions and make representations in
support of retaining the work within the
bargaining unit.

(d) The Service Expansion and Innovation and

Change Committee is mandated to evaluate
the proposals of the Corporation, as well as
the submissions and representations of the
Union, and to make the recommendations to
the Corporation that it deems appropriate in
the circumstances, taking into account the
commercial and financial viability of said
proposals, submissions and representations.

III. SKILLS ENHANCEMENT

3.1 In order to support skills enhancement

proposals which will assist employees to benefit from
opportunities from new projects and to aid in the
development of these skills, the Committee will have the
mandate to review skills requirements and assist in the
development of programs to ensure that these
requirements are met.

3.2 The Committee shall be further mandated:

(a) to investigate skills required for the

performance of work which comes into the
bargaining unit as a result of business
opportunities or any change within the
Corporation;

(b) to identify the skills requirements associated

with the projects described in paragraph 1.4
above, and determine the means by which
they can be met;

(c) to investigate co-operative opportunities

 496
including, but not limited to, government
funding/training programs, community-based
co-operative efforts with other employers.

3.3 The Committee shall also investigate general

skills, including but not limited to, literacy, completion of
secondary school certification, post- secondary education,
computer skills, etc.

IV. ESTABLISHMENT OF THE SERVICE

EXPANSION AND INNOVATION AND
CHANGE COMMITTEE

4.1 The Committee shall consist of a Steering

Committee and a Working Committee.

4.2 The Steering Committee shall be composed

of three (3) representatives appointed by each party and an
independent advisor.

4.3 The Corporation agrees that one (1) of the

members of the Steering Committee will be a
representative from Senior Management. The Union
agrees that one (1) of the members of the Steering
Committee will be a Senior Union Representative. The
parties also agree that these Senior Representatives will
actively participate in the work of the Committee.

4.4 Each party can replace an appointed member

at any time.

4.5 The independent advisor already selected by

the parties shall remain in place until replaced. His or her
role is to assist the Steering Committee and act as its
chairperson with a right to vote on all proposals that are
within the mandate of the Committee.

4.6 If the independent advisor is to be replaced

and there is no agreement between the parties on the
 497
choice of a person, each party will designate within five (5)
days an independent counsel who shall agree with the
counsel appointed by the other party to designate the
advisor within ten (10) days.

4.7 The Working Committee shall be composed

of two (2) representatives from each party. These four (4)
representatives shall be paid from the fund established
herein, to a maximum of sixty thousand dollars ($60,000)
per annum per representative. If the Union representatives
require Union leave, it shall be provided.

4.8 Each party can replace an appointed member

at any time.

4.9 The Working Committee shall be dedicated,

on a full-time basis, to carry out the mandates given to it by
the Steering Committee.

4.10 The Steering and Working Committees will

determine their own rules of proceedings.

4.11 Unless otherwise specified in this appendix,

all decisions shall be taken on the basis of a consensus.

(a) If a consensus cannot be reached on the

Steering Committee, the decision will be taken
by a simple majority vote.

(b) If a consensus cannot be reached on the

Working Committee, the matter will be
referred to the Steering Committee for a
decision.

4.12 Unless otherwise specified in this appendix

and notwithstanding the provisions of paragraph 4.11
above, either party may, providing there is unanimity
among the party’s representatives, refer a mandate to the
Working Committee. However, the Working Committee
 498
shall not, at any one time, have more than three (3)
mandates that are referred to it by only one party’s
representatives. This does not limit the Steering
Committee’s ability to refer mandates to the Working
Committee by a simple majority vote.

4.13 The Steering and Working Committees shall

meet as frequently as each deems necessary to fulfill their
mandates, but at least twice a month.

4.14 The Senior Representatives of each party on

the Steering Committee may elect to convene a
teleconference, as required, with the Chairperson and any
members of either committee, to resolve problems
experienced by the Working Committee in carrying out its
mandates.

V. WORK OF THE SERVICE EXPANSION AND

INNOVATION AND CHANGE COMMITTEE

5.1 Unless otherwise specified in this appendix, in

the fulfillment of its mandates as described in Part I
hereinabove, the Steering Committee shall have the ability
to establish pilot projects, provide seed money and fund
positions during the period, using the budget set out below.
It is also agreed that positions associated with pilot projects
which generate sufficient additional revenue to cover the
cost of the position(s), including total labour costs and any
net additional costs, as determined by independent
financial evaluation, will be transferred from the budget of
the Committee to the appropriate operational budget.

5.2 The Steering Committee shall:

(a) receive monies from the Corporation as

described herein and deposit these monies in
the account described herein;

(b) maintain financial records of monies received

 499
and monies disbursed;

(c) ensure that arrangements are made to have

all financial records and transactions audited
by a firm of chartered accountants to be
selected by the Steering Committee;

(d) prepare periodic reports which display and

monitor the Working Committee’s activities
and make these reports available to the
Corporation and the Union;

(e) ensure that all disbursements conform to both

the policies laid out in this agreement and the
specific policies and procedures which will be
developed by the Steering Committee;

(f) perform any other functions that the Steering

Committee deems appropriate to fulfill its
mandate.

(g) The Steering Committee shall not be

empowered to create debts or liabilities or
contingent liabilities which carry beyond the
end of the first quarter following the expiration
of the collective agreement, and the amount
incurred in any one fiscal year shall not
exceed five hundred thousand dollars
($500,000).

5.3 The Working Committee shall:

(a) carry out the mandates it receives from the

Steering Committee;

(b) report to the Steering Committee its

recommendations on its mandates;

(c) have recourse to all necessary resources to

 500
carry out its mandates; in addition, each party
may unilaterally use up to a maximum of one
hundred thousand dollars ($100,000) per year
on Appendix “T” related work;

(d) devote all the time necessary to fulfill such

mandates.

5.4 For each pilot project discussed under this

appendix:

(a) The Working Committee shall prepare a

business case in accordance with the
Corporation’s project costing and evaluation
processes, and present it to the Steering
Committee for approval.

(b) If the pilot project is approved and funds are

available, the project will proceed. If the funds
are not available, the project start date will be
delayed until there are sufficient
funds.

(c) Upon completion of a pilot project, an

evaluation will be presented to the Steering
Committee for a decision.

(d) Where appropriate, pilot projects will be

funded on a net incremental cost basis, but
evaluated on a full cost basis.

(e) The business case will be used in the

evaluation of a pilot project and will form part
of the decision to transfer pilot projects to an
operational budget.

5.5 The Steering and Working Committees will be

provided with all relevant information including any cost
benefit analysis conducted in connection with any proposal.
 501
Such information will be provided for the sole purpose of
the work of the Committees.

5.6 When requested by the Corporation, to

protect the commercial interests of the Corporation, the
representatives of the Union on behalf of the Union will
enter into an undertaking to keep confidential and not to
disclose any information or proposal of the Corporation and
the proposed contractor.

A failure to provide such an undertaking shall

relieve the Corporation of its obligation to provide such
information, including information requested under
paragraph 5.5.

5.7 Similarly, when requested by the Union the

representatives of the Corporation on behalf of the
Corporation will also enter into an undertaking to keep
confidential any information or proposal received from the
Union.

5.8 The Steering Committee will agree upon a

designated arbitrator who for the life of the collective
agreement will be available to:

(a) rule on the relevancy of information requests,

including those mentioned in sub- paragraph
2.1(b) of Part II above, or the requests for a
confidentiality undertaking pursuant to
paragraphs 5.6 and 5.7 above;

(b) extend the time under paragraph 2.1(a) of

Part II above by up to a maximum of thirty
(30) calendar days under exceptional
circumstances;

(c) decide forthwith upon any matter concerning

such requests for information or
confidentiality.
 502

5.9 The jurisdiction of the designated arbitrator is

strictly limited to rulings on the relevancy of the information
requested, on requests for confidentiality and on any
complaints that an undertaking of confidentiality given
under paragraphs 5.6 and 5.7 has been breached and to
grant accordingly any remedy or compensation that he or
she deems appropriate.

5.10 If the parties are unable to agree upon a

designated arbitrator, the Minister of Labour will be
requested to nominate such arbitrator for the life of the
collective agreement.

5.11 The fees and expenses of the arbitrator

mentioned above shall be paid out of the fund.

VI. INNOVATION AND CHANGE INITIATIVES

6.1 The parties recognize that they can approve

initiatives that require the carrying out of pilot projects.
These initiatives will require that some provisions of the
collective agreement be adapted, changed or suspended
for the duration of the pilot project. These initiatives may
be implemented only after the conditions within paragraphs
6.2 and 6.3 below have been met and therefore paragraphs
4.11 and 4.12 of Part IV do not apply. As a result, the
parties agree to the following provisions.

6.2 Either party may propose an initiative to the

Steering Committee. Each such initiative is studied as
soon as possible and the Steering Committee identifies the
provisions of the collective agreement that require
adaptation, changes or suspension. It also determines the
duration of the pilot project and the extent to which
corporate initiatives will be funded. It is understood that the
Committee will fund all evaluations requested by the Union
of Corporate initiatives.
 503
6.3 The Corporation and the Union may then
agree to adapt, change or suspend provisions of the
collective agreement and such an agreement is only valid
for the duration of the pilot project agreed to between the
parties; this agreement shall form an integral part of the
collective agreement for the duration of the pilot project.

6.4 When the pilot project ends, the agreement

shall automatically end, unless the Union and the
Corporation agree to extend the project and the agreement
for a specified period.

6.5 Once the results of the pilot project have been

reviewed by the Committee, the Corporation and the Union
may agree to make permanent changes to the provisions of
the collective agreement to ensure the final implementation
of the initiative.

VII. THE SERVICE EXPANSION AND

INNOVATION AND CHANGE FUND

7.1 The Corporation agrees to contribute to a

Service Expansion and Innovation and Change fund (the
“fund”) to be used in accordance with the mandates
described in Part I hereinabove and administered by the
Steering Committee set out in Parts IV and V hereinabove.

7.2 An account shall be established to receive the

monies from the Corporation described herein. Withdrawals
or cheques drawn on this account shall require the
signature of two (2) members of the Steering Committee,
one (1) from the Corporation and one (1) from the Union,
and this requirement shall be defined in the banking
arrangement documents to be completed by the Steering
Committee.

7.3 Any residual amounts in the fund established

under the collective agreement expiring on January 31,
2007, will be transferred into the new fund established
 504
herein.

7.4 The Corporation shall, within fifteen (15) days

after each quarter-end, commencing with the quarter
ending on March 31, 2007, deposit an amount of seven
hundred and fifty thousand dollars ($750,000).

7.5 At no time shall the fund balance exceed six

million dollars ($6,000,000). Should a quarterly payment
under paragraph 7.4 cause the fund to exceed six million
dollars ($6,000,000), then that payment shall be reduced so
that the payment plus the fund balance prior to the payment
shall not exceed six million dollars ($6,000,000). If within
sixty (60) days subsequent to the date of the reduced
payment, the fund balance is reduced as a result of normal
disbursements consistent with the mandates of the fund,
then all or a portion of the funds withheld shall be paid so
that the fund balance is reinstated to a maximum of six
million dollars ($6,000,000). After sixty (60) days, the
amount of the funds withheld shall no longer be available.

To ensure the proper functioning of the

Appendix “T” Fund, the amount of a quarterly payment
made under paragraph 7.5 shall be determined based on
the current fund balance (market value) less any incurred
but not yet paid expenses.

7.6 All interest income shall accrue to the fund.

7.7 The parties agree that the fund, monies

received by it (including but not limited to interest earned)
and monies expended by it shall be structured in a manner
which is most beneficial for employees.

7.8 This agreement shall continue for the life of

the collective agreement. If the agreement is not renewed,
all contributions under paragraph 7.4 above will cease but
funds unspent will continue to be managed by the Steering
Committee, according to the mandates described herein,
 505
until the end of the first quarter following the expiration of
the collective agreement, at which time any unspent funds
(minus any outstanding liabilities) shall be returned to the
Corporation and the Committees shall cease to function.
 506

APPENDIX “T-1”

LABOUR-MANAGEMENT RELATIONSHIP
COMMITTEE

I. MANDATE AND OBJECTIVES

1.1 The Corporation and the Union recognize the

importance of constructive and positive labour-
management relationship.

1.2 The Corporation and Union therefore agree to

promote more effective, open and continuous involvement
between the parties to enhance communication with the
objective of improving labour relations between the parties.
To do so, the parties agree to establish a labour-
management committee (the "Committee").
1.3 The Corporation and Union agree that the
Committee described in Part II of this Appendix shall focus
their efforts on the following:
(a) identifying means of improving the parties
understanding of their common interests and
of each other’s interests;
(b) identifying means of improving the work
environment; and
(c) identifying means of supporting employees in
need.
II. ESTABLISHMENT OF THE COMMITTEE

2.1 The Committee shall be composed of at least

two (2) representatives appointed by each party.

2.2 The Corporation agrees that two (2) members

of the Committee will be representatives from Senior
 507
Management. The Union agrees that two (2) of the
members of the Committee will be National Executive
Board members. They shall actively participate in all
aspects of the Committee.

2.3 The parties shall meet as frequently as they

deem necessary to fulfill their mandates, but at least
quarterly.

2.4 The parties agree that the Federal Mediation

and Conciliation Services will act as an independent
advisor to the Committee when deemed necessary by one
of the parties.

III. THE LABOUR- MANAGEMENT FUND

3.1 The sums deemed necessary by the

Committee for the fulfillment of the mandate described in
Part I will be drawn from the Service Expansion and
Innovation and Change Fund in Part VII of Appendix “T”.

3.2 The Committee under this Appendix has full

authority over the expenditures deemed necessary to fulfill
the mandate under Part I. All expenditures must be
approved by the Committee. If there are no funds available,
the work will be delayed until there are sufficient funds.

3.3 Although the monies used under this

Appendix are accessed through the Appendix “T” Fund,
expenditures are not subject to the approval or the
arbitration processes outlined under Appendix “T”.
 508

APPENDIX “U”

UNION EDUCATION FUND

1. Effective July 1, 2020, Canada Post
Corporation will pay, in the manner described in paragraph
3 below, into the CUPW Union Education Fund (the Fund)
an amount equal to three and one half cents (3.5¢) per
hour paid to all regular part-time and full-time employees
and temporary employees during each quarter of the
Corporation’s fiscal year.

2. The Fund will be used exclusively for the

purpose of the education in all aspects of trade unionism of
employees of the Corporation who are members of the
Union.

3. Such monies will be paid on a quarterly basis

into a trust fund established and administered by the Union
for the sole purpose of union education described above.
The first payment into the Fund shall be made sixty (60)
days after the completion of the first quarter commencing
after the date of signing of the collective agreement. Each
payment will cover the quarter immediately prior to the
payment.

4. The Union shall maintain financial records of

monies received by and monies disbursed from the Fund.
The Union shall ensure that arrangements are made to
have all financial records and transactions audited by a firm
of chartered accountants. The Corporation shall be
authorized to question the specifics of an expenditure and
the Union shall ensure that all disbursements from the Fund
conform to the purpose described in paragraph 2 above,
failing which all obligations under this appendix shall
terminate.
 509
5. Within thirty (30) days of the end of the Fund
accounting year, the Union shall provide the Corporation
with a financial statement certifying that all expenditures
made from the Fund were in accordance with the purpose
of the Fund and used exclusively for union education.
 510

APPENDIX “V”(1)

LETTER CARRIER ROUTE MEASUREMENT

SYSTEM AND MAIL SERVICE COURIER
WORKLOAD STRUCTURING SYSTEM

1.0 TIME VALUES

1.1 The Manuals of Elemental Time Values and

Standards dated October 1, 1984 have been developed in
accordance with engineered standards and method study
techniques.

1.2 The Tables of Application Values dated

October 1, 1984 have been developed in accordance with
the Manuals of Elemental Time Values and Standards.

1.3 The Corporation and the Union agree on the

Tables of Application Values dated October 1, 1984 as they
apply to the Letter Carrier Route Measurement System and
to the extent that they apply to the Mail Service Courier
Workload Structuring System.

1.4 Actual values are agreed to, and the

heretofore practice of “rounding off” of both time values and
the average daily volumes has been eliminated, in order to
assess the proper value to the function.

1.5 Should the introduction of new application

time values be required as a result of the introduction of
new standards or new procedures, such implementation will
be subject to paragraph 2.0 hereafter.

2.0 STANDARDS

2.1 (a) Prior to the introduction of changes referred to

in paragraph 1.5 above, to the established
Standards, consultation will be held with the
 511
national representatives of the Union who will
have received prior to consultation, a copy of
the Standards including an elemental
breakdown of the job when applicable.

(b) Should either party at the national level feel

that a newly established or an existing
standard needs to be revised, the matter will
be subject to consultation at the national level.

(c) In the application of paragraph (b) above, an

existing standard shall only be modified when
an adjustment of a minimum of plus or minus
five percent (5%) is required.

2.2 In the event that the matter has not been

resolved to the satisfaction of the parties after meaningful
consultation, a grievance may be filed by either party and
submitted directly to the following formal arbitration
process. The burden of proof on an error or need for
adjustment on a standard shall be on the party that files the
grievance.

2.3 (a) Within three (3) months of the signing of the

collective agreement, the parties agree to
jointly select and appoint three (3) technical
arbitrators. These arbitrators must be
engineers who shall be experts in the
engineering standards system being used by
the Corporation at the time of the joint
selection. Each party is limited to providing a
maximum of three (3) nominees. If the parties
are unable to agree on the choice of
arbitrators within the time period provided
above, either party can request that the
Minister of Labour appoint the arbitrator(s).

(b) If the parties are unable to agree on the

choice of arbitrators within the time period
 512
provided for in paragraph 2.3(a) and are
waiting for the Minister to appoint one or more
arbitrators and a grievance concerning a
proposed standard has been referred to
arbitration under this Appendix, the standard
proposed by the Corporation shall be applied
until such time as an arbitrator is appointed
and renders his or her decision.

(c) The selected arbitrator shall be chosen in

rotation from the list established pursuant to
paragraph 2.3(a), provided that the arbitrator
is available to hear the parties and render a
decision within the time limits provided for in
this Appendix.

(d) The fees and expenses of the arbitrator shall

be shared equally by the parties.

(e) The arbitrator shall hear both parties with

regard to their disagreements on operation(s),
sub-operation(s), method steps, sequence
models and frequencies (to be referred herein
as “Component Parts of the Standards”) as
applied by the relevant engineering standards
system.

(f) In rendering his or her decision, the

arbitrator’s jurisdiction shall be limited to those
disagreements referenced in paragraph
2.3(e). The arbitrator shall have no authority to
change or modify the work method
determined by the Corporation nor any part of
the Letter Carrier Route
Measurement System (LCRMS) and the Mail
Service Courier Workload Structure System
(MSCWSS) and applicable manuals.

(g) The arbitrator shall be seized of the grievance

 513
within thirty (30) days of the grievance being
filed.

(h) The arbitrator’s decision shall be rendered in

writing within six (6) months of the grievance
being filed and must include any applicable
references to manuals and source
documents.

(i) Should the arbitrator be unable to render his

or her decision within the six (6)-month period,
referred to in paragraph 2.3(h), the arbitrator
shall summarily determine a reasonable
interim standard based on the Corporation’s
proposed standard and the submissions
already provided by both parties. This interim
standard shall be used until such time as the
arbitrator renders his or her decision.

(j) If the arbitrator’s decision concerns revisions

to an existing standard, the revised standard
shall be considered a final standard.

(k) If the arbitrator’s decision concerns a newly

established standard, it shall be considered
an interim standard that shall be subject to a
validation process, as provided in paragraph
2.5.

2.4 Within ninety (90) days of the signing of the

collective agreement, the parties shall develop a generic
process (the “framework process”) for validating the newly
established standards.

If the development of the framework process is

not completed within the ninety (90)-day period referred to
above, the parties shall choose an arbitrator in rotation from
the list established pursuant to paragraph 2.3(a) and refer
the issue to him or her for determination.
 514

2.5 The joint validation of a newly established

standard shall be governed by the framework process
referred to in paragraph 2.4. The joint validation process
shall be developed by the parties and shall validate and
correct, if necessary, the component parts of the standard.
The development and completion of the validation process
shall not exceed six (6) months, unless otherwise agreed to
by the parties.

2.6 Thirty (30) days after the end of the process

referred to in paragraph 2.5, the interim standards shall be
deemed to be final standards, unless either party has
referred unresolved proposed changes to the interim
standards to the arbitrator initially seized of the grievance.

2.7 Notwithstanding that a proposed final

standard may be in dispute, the interim standard shall
continue to apply until the arbitrator determines the final
standard to be applied.

2.8 The introduction of an interim or final standard

through agreement of the parties or resulting from an
arbitration award will only be used for subsequent route
assessments.

2.9 The parties shall have the right to be

represented by “professionals” in the field of “worked
standards”, either at the consultation or arbitration process.

2.10 Any resultant change in a standard shall be

incorporated into the Manuals of Elemental Time Values
and Standards and the Tables of Application both dated
October 1, 1984.

2.11 Changes to the Mail Service Courier

Workload Structuring System Manual or the Letter Carrier
Route Measurement System Manual will not be made
without national consultation with the Union.
 515

APPENDIX “V”(2)

DEFINITION OF LETTER CARRIER ROUTE

MEASUREMENT SYSTEM AND MAIL SERVICE
COURIER WORKLOAD STRUCTURING
SYSTEM
DEFINITIONS

Element:

A logical segment of a job cycle that is easily

timed, with easily distinguished beginnings, and endings
and that can be compared with similar elements in other
jobs to be used in constructing predetermined times for an
operation.

Elemental Time Values:

Predetermined times established through

engineered methods to allocate the proper time necessary
to perform one element.

Standard:

The sum total of all elements and allowances

necessary for an average employee to complete a
particular operation.

Professional:

A person who is knowledgeable and qualified

in the field of engineered standards and method study
techniques.
 516
Route Assessments:

The time assessed for the average employee

to complete a route based on established standards and a
fixed volume of mail under normal conditions.

Over-Assessed Routes:

A full-time route which becomes assessed

over four hundred and eighty (480) minutes or a part-time
route assessed over three hundred and sixty (360) minutes.

Method Study Technique:

Means for determining the preferred method

of performing work and a means for measuring work.
 517

APPENDIX “V”(3)

OVER-ASSESSED ROUTES

1. The Corporation agrees to a payment system

for letter carrier routes assessed in excess of four hundred
and eighty (480) minutes.

2. Straight-time payment will commence only

when the over-assessed route is triggered at four hundred
and eighty-five (485) minutes or above.

3. The payment shall be paid to employees who

have worked on the route, based on the number of days
worked by each employee.

4. The over-assessed route will detrigger when

the over-assessment falls below four hundred and eighty-
five (485) minutes.

5. Payment

When a route assessment reaches the four

hundred and eighty-five (485) minute trigger or more,
employees who have worked on this route shall be paid
retroactively for each full minute that the route is over-
assessed. However, the retroactive period shall be limited
to six (6) months.

Each subsequent payment shall be made on

a bi-weekly basis.

6. The payment for over-assessed routes will

be for all full minutes over four hundred and eighty (480)
provided that the route has been triggered.
 518

APPENDIX “W”

TRANSITION PROVISIONS ON ARTICLE 13

During the round of negotiations that resulted

in the collective agreement that expired January 31, 2007,
the parties agreed to modify the processes and rules used
to fill positions in the bargaining unit.

The parties at the national level agree to meet

to resolve issues that may arise from the ongoing
application of Article 13 and may agree to make changes to
the processes, rules and contractual text during the life of
the collective agreement so that the intention of the parties
is reflected in the application of the processes and rules.

Any agreements reached to amend Article 13

shall receive written approval of the authorized
representatives of the parties at the national level.
 519

APPENDIX “X”

THE APPLICATION AND INTERPRETATION OF

ARTICLE 29 - TECHNOLOGICAL CHANGE

In the course of negotiations, the parties

agreed that the definition of technological change in clause
29.01 would not be interpreted to include or be applied to
operational changes that were not considered to be
technological changes under the collective agreement that
covered employees in Group 2 that expired on July 31,
1989. Examples of such changes are, but not limited to,
the movement or change in quantity of street furniture or
manual sortation equipment, additions to the corporate
fleet, etc.
 520

APPENDIX “Y”

EXEMPTION TO CLAUSE 18.02 (a)(ii)

CHRISTMAS LETTER CARRIER SERVICE

The parties agree to the following process to

balance the interests of employees in taking leave with the
mandate of the Corporation to ensure service to its
customers.

(a) This appendix will apply only for leave

requested under sub-paragraph 18.02 (a) (ii)
for working days between December 15 and
January 15.

(b) During the period set out in (a) above, the

number of employees in the letter carrier
classification in an installation requesting the
same alternate day pursuant to sub-
paragraph 18.02 (a) (ii) cannot exceed the
number derived by the following:

the difference between the total number of

employees on known absences in the letter
carrier classification, excluding those on
absences covered as per clause 17.06, and a
number equivalent to twenty-five percent
(25%) of the total number of regular
employees in the letter carrier classification in
the installation. The Corporation shall
determine such forecasted number no later
than November 1 of each year.

(c) Requests for leave under sub-paragraph

18.02 (a) (ii) received by November 1 will be
approved provided the number of requests in
the installation does not exceed the limit
referred to in paragraph (b) above. Should the
 521
number of requests exceed the limit referred
to in paragraph (b) above, the Corporation
shall grant the requests by order of seniority
up to this limit. The Corporation will notify any
employee whose request has been refused as
soon as possible.

(d) If the limit referred to in paragraph (b) above

has not been reached by November 1, then
requests received after November 1 shall be
accepted up to this limit. It is agreed that no
requests will be accepted less than ten (10)
working days prior to the requested day.
Where more than one employee submits a
request on the same day for the same
alternate day pursuant to sub-paragraph
18.02 (a) (ii), requests will be accepted by
seniority up to the limit referred to in
paragraph (b) above.
 522

APPENDIX “Z”

MANPOWER TRANSITION AGREEMENTS

1. The parties agree that, save for the
exceptions listed in paragraph 2, all Manpower Committee
Agreements are no longer applicable and are rescinded.

2. The following Manpower Committee

Agreements, or portions thereof, shall remain in effect and
are an integral part of the Mail Service Courier Workload
Structuring System described in Appendix “V”:

(a) The letter dated July 3, 1980 from C.F.C.

Vandergeest to Directors of Operational
Services, along with attachments regarding
Parcel Post Equalization.

(b) The letter dated July 31, 1980 from C.F.C.

Vandergeest to Regional Directors of
Operational Services regarding parcel post
equalization.

(c) Paragraph 3 (c) of the Manpower Agreement

dated August 5, 1982 referencing parcel post
volumes within five percent (5%) plus or
minus the 1981 average volume.

(d) Paragraph 4 of the Manpower Committee

Agreement dated August 5, 1982 regarding
incentive payment for parcel post units and
the related consent award to grievance L-15-
84-119 dated November 15, 1985.

3. The parties agree that the Manpower

Committee Agreements, or portions thereof, listed in
paragraph 2 shall remain in effect for a particular location
only until the Package Delivery Model has, in accordance
 523
with Appendix “S”, been implemented for that location.
Upon implementation of the Package Delivery Model in the
seventeen (17) sites specified in paragraph 6.1 of Appendix
“S”, all Manpower Agreements are rescinded and this
appendix shall terminate.
 524

APPENDIX “AA”

COLLECTION AND DELIVERY OPERATING

MODEL

PART I – OBJECTIVES

1. The parties agree to work together, in

accordance with the terms and conditions set out in this
appendix, to identify, conduct and evaluate collection and
delivery related projects that may be proposed by either
party from time to time, in an effort to address the needs of
the Corporation, its employees and its customers.

2. The parties will work together promptly,

reasonably and in good faith, in order to achieve the
objectives of this appendix.

3. Nothing in this appendix prevents the

Corporation from making Collection and Delivery related
changes that are not otherwise contrary to the collective
agreement, or from otherwise exercising its rights and
responsibilities as management.

PART II – COLLECTION AND DELIVERY PROJECTS

COMMITTEE

4. The parties shall establish a Collection and

Delivery Projects Committee (the
“Committee”).

5. The Committee shall:

(a) be composed of two (2) Ottawa-based

representatives appointed by each party. At
least one representative of each party shall be
a member of senior management and a senior
union representative, respectively;
 525

(b) be a national committee based in Ottawa;

(c) meet on an as-required basis;

(d) determine its own processes and procedures;

(e) carry out the mandates given to it by the

parties, in accordance with this appendix.

6. Each party can replace at any time a person

that it appointed to the Committee.

7. All decisions of the Committee shall be taken

on the basis of a consensus between the representatives of
both parties.

8. (a) The Committee shall meet at the

Corporation’s offices, or such other premises
as may be provided by the Corporation. The
Corporation shall be responsible for the
expenses of the Committee, including the fees
and expenses of any technical advisors or
other experts or assistants recommended by
the Committee and approved by the
Corporation. Notwithstanding, each party
shall be responsible for the salaries, benefits
and all expenses of its own representatives to
the Committee.

(b) The Committee may establish national joint

work groups for the purpose of carrying out
work on projects approved by the Committee
at the national level. The Corporation shall be
responsible for the expenses, benefits, and
salary of members of joint work groups for
time spent working on the projects.
 526
9. The Corporation and the Union shall each
bear the expenses of their own experts and
assistants.

PART III – COLLECTION AND DELIVERY PROJECTS

10. Either party may, at any time, propose a

Collection and Delivery related initiative to the Committee.
All proposals shall be accompanied by sufficient
information to allow the Committee to determine whether a
proposed initiative should be considered. The Committee
may request further information if it determines that the
information provided is insufficient.

11. Where the Committee determines that a

proposed initiative should be considered, it shall proceed as
soon as possible. To the extent that a project will be
commenced, the Committee shall determine the details of
the project, including its parameters, duration and
evaluation.

12. The Committee may, if needed, establish site

work groups and direct their activities. The members of site
work groups shall not suffer any loss of salary and benefits
as a result of their participation in site work groups.

13. When requested by either party, and prior to

the disclosure of any information, the representatives of the
other party shall enter into an undertaking to keep
confidential and not to disclose any information or proposal
of the first party. Failure to provide such an undertaking
shall relieve the first party of any obligation to provide
information.

14. To the extent that a project may involve the

adaptation, change or suspension of collective agreement
provisions, the Committee shall identify the provisions of
the collective agreement which require adaptation, change
or suspension. The parties may then agree to adapt,
 527
change or suspend provisions of the collective agreement,
as may be necessary to give full effect to the project or the
testing phase, and such an agreement is valid only for the
duration of the project or of the testing phase; this
agreement shall form an integral part of the collective
agreement for the duration of the project or the testing
phase.

15. Once the results of a project have been

reviewed by the Committee, the Committee may make
recommendations to the parties. The parties may agree to
make permanent changes to the provisions of the collective
agreement to ensure the final implementation of the
initiative.

16. The following projects shall be completed by

the Committee:

(a) The following health and safety study

commenced under the collective agreement
that expired on January 31, 2003:

(i) Statistical Analysis of Factors Related

to Letter Carriers’ Injuries

(b) The A-62 standards development project

according to the schedule previously
discussed by the parties.

(c) The Flexible Routing Pilots agreed to between

the parties on August 24, 2018.

PART IV – GENERAL

17. The Union may unilaterally submit to the

Committee, expenses to a maximum amount of one
hundred thousand dollars ($100,000) if needed, over the
term of this collective agreement, provided such expenses
are directly related to activities under this appendix. The
 528
maximum amount may be revised with the agreement of
the Corporation.
 529

APPENDIX “BB”

FLEXIBLE MEAL PERIOD

The parties recognize the importance of letter
carriers taking their meal break as provided for in the
collective agreement.

However, the parties acknowledge that there

may be individual circumstances when a letter carrier may
choose not to return to the installation for the meal period.

Further, the parties agree that it is preferable

to seek voluntary compliance in these matters.

Therefore, the parties agree to the following:

1. Subject to the provisions set out below and

notwithstanding Article 48, a letter carrier whose route
provides that he or she must return to the postal installation
to have his or her meal may choose not to return and to
take his or her meal break elsewhere.

2. It is agreed that letter carrier routes shall

continue to be structured based on the rules set out in the
Letter Carrier Route Measurement System (LCRMS) and
Articles 14 and 48 of this collective agreement. For greater
clarity, the Corporation will not consider the personal
choices letter carriers make under paragraph 1 above when
deciding how to structure routes.

3. The productivity or performance of letter

carriers who avail themselves of the provisions of this
appendix may not be used by the Corporation for the
purposes of assessing the productivity or performance of
other letter carriers who do not avail themselves of the
provisions of this appendix or for comparison purposes
between such letter carriers.
 530

4. The Corporation shall take every reasonable

measure to ensure that employee choices made under
paragraph 1 above do not adversely affect other employees
or service to customers.

5. The Corporation shall ensure that the

schedules of other employees are not changed to
accommodate the choices made by employees under
paragraph 1 above.

6. The Corporation may, at any time, require that

an employee follow the work rules set out in Articles
14 and 48. In making such decision, the Corporation shall
not act arbitrarily, unreasonably or in an unfair manner.

7. This protocol supersedes all arbitration

awards and prior agreements between the parties
respecting straight throughs.
 531

APPENDIX “CC”

Sylvain Lapointe
Chief Negotiator
Canadian Union of Postal Workers
377 Bank Street
OTTAWA ON K2P 1Y3

Mr. Lapointe,

The Corporation is prepared to agree to the following with

respect to the Letter Carrier Route Measurement System
(LCRMS) and the Mail Service Courier Work Structuring
System (MSCWSS) manuals:

Part 1 Changes to the LCRMS and MSCWSS

manuals

1. Where the Corporation is considering making

a change to the LCRMS or the MSCWSS manuals and this
change may impact on the employees’ workload, it shall
inform the Union in writing.

2. The Union may propose that changes be

made to the LCRMS or the MSCWSS manuals where
these changes are justified because of:

(a) the introduction by the Corporation of new

work methods, or changes in existing work
methods, which impact on the employees’
workload;

(b) the introduction by the Corporation of a new

product or service, which impacts on the
employees’ workload.

In these situations, the Union shall notify the

Corporation in writing.
 532
Paragraphs 12 (a), (b), (c) and (d) shall not
apply.

3. The notices referred to in paragraphs 1 and 2

will contain the following information, where appropriate:

(a) a description of the proposed changes to the

LCRMS or MSCWSS manuals identifying, as
the case may be, the chapters and
paragraphs of the manual(s) affected;

(b) the reason for the changes.

4. If the parties agree to the changes proposed

in the notices under paragraphs 1 and 2, the changes may
be implemented immediately.

If there is no agreement following a maximum

consultation period of thirty (30) calendar days, the matter
may be referred by either party to an arbitrator in
accordance with Part 3.

Part 2 New Products or Services

5. The Corporation may introduce a new product

or service before the changes to the LCRMS or MSCWSS
manuals are established permanently, provided that:

(a) the Union has received a prior notice of a

minimum of thirty (30) calendar days;

(b) reasonable interim changes to the LCRMS or

MSCWSS manuals have been agreed upon
or determined by the Corporation and are
actually used in the implementation of the new
product or service.

6. If the new product or service is maintained, a

 533
notice under paragraph 1 must be given within six (6)
months of the notice described in paragraph 5. The
permanent change to the LCRMS or MSCWSS manual
shall be established in accordance with the provisions of
Part 1 as applicable.

Part 3 Arbitration

7. If no agreement is reached at the expiry of the

time limits mentioned in paragraph 4, the dispute may be
referred to arbitration by either party by written notice to the
arbitrator and to the other party.

8. Subject to paragraph 13(c), the arbitrator shall

be chosen in rotation from the list established pursuant to
paragraph 19, provided that the arbitrator is available to
hear the parties and render a decision within the time limits
provided in this letter.

9. The arbitrator shall hear the parties as soon

as possible.

In order to assist the arbitrator in rendering his

or her decision as soon as possible, the parties and their
counsel or representatives shall make themselves available
at any time the arbitrator deems necessary.

10. The arbitrator must hear the case thoroughly

before rendering a decision on a preliminary objection
unless he or she can dispose of this objection at once.

11. The burden of proof shall rest with the party

proposing the change.

12. An arbitrator seized of a dispute pertaining to

the issues covered by Part 1 shall determine if the
proposed changes are justified. If the change is for one or
more of the reasons set out in (a) to (d) below, it shall be
deemed justified:
 534

(a) When a new work method is introduced or

when a change in work methods has occurred
or is being considered;

(b) when an error or omission has been made in

regards to the LCRMS or the MSCWSS
manuals;

(c) when a new product or service is introduced;

(d) when another more accurate or equally

accurate and more efficient means of
measuring the workload is introduced and it is
fair and equitable based on the average
experienced employee actually performing the
work in the manner prescribed by the
Corporation.

Where the proposed change is for reasons

other than those set out in points (a) to (d)
above, the arbitrator will determine if the
change is justified.

13. (a) The arbitrator shall then, in accordance with

generally accepted industrial engineering
practices for work study and production
planning, determine if the proposed changes
to the manuals will allow the workload of an
average experienced employee working at a
normal pace and actually performing the work,
in the manner prescribed by the Corporation,
to be correctly established.

(b) If the arbitrator determines that the proposed

changes will not allow the workload to be
correctly established, he or she shall
determine the appropriate changes to be
made to the manuals. The arbitrator shall
 535
make such determination in accordance with
generally accepted industrial engineering
practices for work study and production
planning.

(c) The Corporation may, prior to or immediately

following a decision of the arbitrator:

• withdraw or modify a Corporation

proposed change to the manuals;

• withdraw the new work method or the

change to an existing work method;

• modify the new work method or the

change to an existing work method;

• withdraw the introduction of a new

product or service or modify such
product or service.

In case of a withdrawal by the Corporation,

resulting in a situation in which there is no
longer an impact on the employees’ workload,
the arbitrator shall be without jurisdiction to
continue. If, however, a decision has already
been rendered it shall be advisory only, the
Corporation shall be under no obligation to
implement it and the Union shall take no steps
to enforce it.

In the case of a modification by the

Corporation, that results in a situation where
there are still impacts on the employees’
workload, the arbitrator shall continue to hear
the case on the basis of the new situation
resulting from the Corporation’s decision. If a
decision has already been reached, any
dispute concerning a change to the manuals
 536
resulting from the decision of the Corporation,
shall be referred to the same arbitrator.

The Union may also, prior to the decision of

the arbitrator, withdraw or modify a Union’s
proposed change to the manuals. In the
event of the Union’s withdrawal, the arbitrator
shall be without jurisdiction to continue.

14. The arbitrator shall decide the questions

under paragraphs 12 and 13 at the same time.

15. In the case of a new product or service, the

arbitrator may remain seized of the dispute and postpone
his or her decision to a subsequent date. This will permit
the arbitrator to obtain additional evidence, if he or she
believes that he or she does not have enough information
to decide on a change to the LCRMS or the MSCWSS
manuals.

16. An arbitrator seized of a dispute under this

letter does not have the jurisdiction to render a decision on
the deletion, addition or modification of duties or how the
duties are performed.

17. The arbitrator shall render a final decision

within ninety (90) calendar days of the referral to arbitration.
To this end, the arbitrator has full liberty to order the parties
to proceed with arbitration hearings at any time he or she
deems necessary.

18. The Corporation and the Union shall share

equally the fees and expenses of the arbitrator.

Part 4 General

19. Within thirty (30) calendar days of the signing

of the collective agreement, the parties shall consult to
establish a list of three (3) arbitrators who shall be
 537
knowledgeable and qualified in the field of work study and
production planning techniques. If the parties are unable to
agree, the arbitrators shall be selected by the
Chairperson of the Canada Industrial Relations Board.

20. This letter shall not prevent the Corporation

from implementing route restructures.

21. This letter will remain in effect from the date of

signing of the collective agreement to January 31, 2022.

Bruno Cadieux
Chief Negotiator
 538

APPENDIX “DD”

MEMORANDUM OF AGREEMENT BETWEEN

CANADA POST CORPORATION
AND THE
CANADIAN UNION OF POSTAL WORKERS

NATIONAL JOINT HEALTH AND SAFETY

COMMITTEE OPERATING MODEL
OBJECTIVES

1. Joint health and safety committees and health

and safety representatives serve a pivotal role in
addressing health and safety issues and the prevention of
accidents in the workplace. The parties recognize that the
existing organizational and functional roles of all joint health
and safety committees must be made more relevant and
effective if improvements in health and safety will be
realized.

2. The parties will work together promptly and

reasonably in order to achieve the objectives of this
appendix.

PART I COMMITTEE TERMS OF REFERENCE

In the application of clause 33.03 and for

greater certainty, it is understood that in establishing the
terms of reference for the Local Joint Health and Safety
Committees (LJHSC), the National Joint Health and Safety
Committee (NJHSC), shall also provide support to
committees that will ensure the effective execution of their
duties and improve health and safety in the workplace. A
key component of the training requirements for joint health
and safety committees as detailed in Part III of this
 539
memorandum of agreement, is the terms of reference for
joint health and safety committees.

PART II FINANCING PILOT STUDIES AND

TRAINING AND DEVELOPMENT

1. The Corporation shall establish an annual

budget of two-hundred thousand dollars ($200,000) to
improve the health and safety of the work environment
focusing on:

(a) development of health and safety

training materials and

(b) studies and research to eliminate

workplace health and safety hazards.

The budget will be replenished at the

beginning of each year over the course of this collective
agreement. There will be no carry over or accumulation of
money from year to year. The NJHSC shall oversee this
budget and the management co-chair will authorize
disbursements. Monthly statement will be provided to the
Union detailing charges against the budget.

2. Requests to utilize the budget must be

approved by the NJHSC and shall be used only for training
programs and studies that are national in scope. Priorities
for the use of the budget will be agreed to at the NJHSC
and shall be established based on the following criteria:
estimated severity of the hazards to which an employee
may be exposed, the likelihood that an employee would be
exposed to workplace hazards, and the incidence of injury.

3. All study request submissions must be written

and must fully comply with the Corporation’s tendering and
evaluation process.
 540
PART III TRAINING

1. GENERAL

1.1 Employee health and safety training is

recognized as an important element of an overall health
and safety program. The parties agree that the mandate of
the NJHSC is to participate in the development of
appropriate health and safety training programs including
training materials and their content.

1.2 Financing for contracting the development of

NJHSC approved health and safety training will be provided
by the Corporation from the budget identified in Part II.

1.3 The parties agree to devote the necessary

resources to ensure that appropriate health and safety
training, information and materials are delivered under the
NJHSC and, where appropriate, LJHSC committees. All
NJHSC requests for the schedule and delivery of health
and safety training require prior CPC approval.

1.4 The method of delivery of health and safety

training shall be agreed upon by the NJHSC. Delivery of
training will be conducted by a union representative (or
designate), a management representative, or an agreed
upon third party, or any combination of the above. The
delivery of training is a joint union/management effort and
either party will participate as required in the training.

Trainers identified above for the programs

described below, will attend the NJHSC approved train- the-
trainer program. The train-the-trainer program shall consist
of up to five (5) days of joint training for all trainers.

The delivery of training will follow the program

content and presentation format approved by the NJHSC.
The NJHSC will monitor all training and substitute trainers
where deemed appropriate.
 541

The train-the-trainer program shall combine

both the employee and the health and safety committee
training programs developed under the responsibility of the
NJHSC.

2. EMPLOYEE TRAINING

2.1 The NJHSC has a responsibility to participate

in the development of health and safety training for all new
and current employees. In addition, training may be
required for current employees who have changed
assignments where the health and safety requirements are
substantially different than their prior assignments.

2.2 All health and safety training will be modular.

For new employees, training, where possible, shall be
completed by these employees within six (6) months of their
date of hire.

For new employees, training shall be eight (8)

hours and will consist of general and job specific health and
safety topics. For current regular employees including
those who have changed assignments as per paragraph
(2.1) of this appendix, the duration of training will be
determined by the NJHSC. For temporary employees
training requirements will be determined by the NJHSC.
Training will be completed within three (3) years following
the development of the training program.

All health and safety employee training

programs shall include two parts. The purpose of the first
part shall be to provide general training. The second part
of the program shall deal with the health and safety issues
that are specific to the tasks usually performed by the
employees.
 542
3. JOINT HEALTH AND SAFETY COMMITTEE
MEMBER TRAINING

3.1 NJHSC, LJHSC and Health and Safety

representative training will be limited to official committee
members and representatives only.

Requests for alternate committee members’

training shall be submitted to the co-chair of the LJHSC for
approval. Unless approved by the management co- chair,
the Union will be solely responsible for all costs associated
with training and other expenses for approved alternate
members.

3.2 Joint health and safety committee member

and representative training will be modular. The training will
be twenty-four (24) hours in duration. Training will consist
of the terms of reference for joint health and safety
committees and other topics and materials approved by the
NJHSC. The Union and the Corporation will be provided
with four (4) hours out of the twenty-four (24) to meet
separately with their counterparts to discuss committee-
related issues.

3.3 Committee members and Health and Safety

representatives shall be appointed for at least two (2) years.
Should committee members or representatives leave within
eighteen (18) months of their appointment, the Corporation
reserves the right to not train their replacement. Unless
approved by the management co-chair, the costs
associated with such training will be at the expense of the
Union.

3.4 Union and management members of a joint

health and safety committee must attend the approved
training as a group. Joint training for new members, where
possible, will occur within six (6) months of their
appointment.
 543
This appendix will expire on January 31, 2022.
 544

APPENDIX “EE”

SICK LEAVE
This appendix only applies to employees
covered by Appendix “FF.”

1. Entitlement

Sick leave shall be credited to an employee to

protect him or her from loss of earnings when he or she is
incapacitated by illness, non-compensable injury or for an
absence as a result of an injury that is pending a decision of
a Workers' Compensation Board.

2. Accumulation of Sick Leave

(a) A full-time employee shall accumulate sick

leave from his or her first day of employment
at the rate of one and one-quarter (1¼) days
for each month in which he or she is entitled
to at least ten (10) days' pay.

(b) (i) A part-time employee shall accumulate

sick leave credits at the rate of five (5)
hours per month, for each month in
which he or she is entitled to pay for at
least forty (40) hours. Moreover, he or
she shall accumulate an additional hour
of sick leave credit for each additional
monthly twenty (20) hours worked in
excess of the first forty (40) hours
without such credit exceeding ten (10)
hours per month.

(ii) A part-time employee who is on

vacation shall be considered as being
entitled to pay for the purpose of
 545
calculating sick leave credits.

3. No Loss of Credits During Leave of

Absence Without Pay

(a) Where a full-time employee is granted leave

of absence without pay for any reason, or is
laid off on account of lack of work and returns
to work upon expiration of such leave of
absence or lay-off, he or she shall receive sick
leave credits for each month in which he or
she is entitled to at least ten (10) days' pay
and shall retain his or her cumulative credit, if
any, existing at the time of said leave or lay-
off.

(b) Where a part-time employee is granted leave

of absence without pay for any reason, or is
laid off on account of lack of work and returns
to work upon expiration of such leave of
absence or lay-off, he or she shall receive sick
leave credits for each month in which he or
she is entitled to at least forty (40) hours' pay
and shall retain his or her cumulative credit, if
any, existing at the time of said leave or lay-
off.

4. No Loss of Credits During Three-Month

Separation

An employee who voluntarily terminates his or

her employment and is re-employed within three (3) months
will maintain the sick leave credits that he or she had
accumulated up to the time of his or her separation.

5. Notify Corporation of Illness

(a) An employee who is absent because of illness

shall notify his or her supervisor or other
 546
designated individual prior to the
commencement of his or her shift, or as soon
as possible thereafter, and advise his or her
supervisor or other designated individual as to
the probable date of his or her return to work.

(b) In the event an employee is unable to return

to work at the time expected, he or she shall,
prior to the commencement of the shift on
which he or she is expected to return, re-
notify his or her supervisor or other
designated individual of his or her current
circumstances.

6. Casual Sick Leave

(a) During any leave year, casual sick leave

cannot exceed a total of ten (10) days without
a medical certificate. An employee who has
taken seven (7) of the ten (10) days will be
informed in writing by the Corporation that he
or she is approaching the ten (10) day limit.

(b) The statement signed by an employee that

because of his or her illness or injury he or
she was unable to perform his or her duties
shall be considered as meeting the
requirements to be entitled to sick leave
benefits, except where a medical certificate is
required in accordance with the collective
agreement or where the employee may be
subject to discipline as a result of the use of
such sick leave.

7. Sick Leave Forms

As soon as possible after the commencement

of an absence, the employee shall complete and furnish the
Corporation with the necessary leave of absence forms. A
 547
duplicate signed by an authorized representative of the
Corporation shall be provided to the employee.

8. Medical Certificate

An employee may be required to produce a

certificate from a qualified dentist, medical practitioner, or
licensed chiropractor for any illness in excess of five (5)
days, certifying that such employee is unable to carry out
his or her duties due to illness.

9. Reporting Back on Duty

On returning from sick leave, an employee

shall report to his or her supervisor.

10. Deduction of Sick Leave Credit

(a) Absences for sick leave shall be deducted

from accumulated sick leave credits for all
normal working days (exclusive of holidays, as
defined in clause 18.01). Where a full- time
employee is absent for part of his or her shift
because of illness, deductions from sick leave
credits shall be made for the period of
absence.

(b) Notwithstanding paragraph 10 (a), where a

full-time employee works less than eight (8)
hours per day, and is supported by a medical
certificate which sets out a progressive
reintegration to a normal eight (8) hour work
schedule, deductions from sick leave credits
shall be made in accordance with the
following:

(i) six (6) hours or more on duty - no

deduction,
 548
(ii) two (2) hours or more on duty, but less
than six (6) hours - one-half (½) day
sick leave,

(iii) less than two (2) hours on duty – one

(1) day sick leave.

This paragraph shall only apply for the first six

(6) months during which the employee works
less than eight (8) hours per day, following
which paragraph 10 (a) shall apply.

(c) Where a part-time employee qualifies for paid

sick leave, leave shall be deducted from
accumulated credits and the number of hours
deducted for each shift shall be based on the
average number of hours worked, up to a
maximum of eight (8), on the five (5) days he
or she was on duty immediately preceding the
absence.

11. Sick Leave Without Pay and Borrowed

Leave

(a) Sick leave without pay shall be granted to an

employee who does not qualify for sick leave
with pay or who is unable to return to work at
the termination of all of his or her sick leave
credits. However, if an employee is
incapacitated through sickness or injury for a
continuous period of three (3) working days or
more and he or she has no credits, he or she
may borrow from his or her future sick leave
credits up to twenty (20) days in the case of a
full-time employee and up to eighty (80) hours
in the case of a part-time employee.

(b) (i) Where an employee has exhausted all

his or her accumulated credits, including
 549
borrowed credits, he or she shall, up to a
period of five (5) calendar years, be
granted leave without pay to cover his or
her illness, subject to him or her
providing a medical certificate indicating
that he or she is unable to return to work
due to sickness or injury.

(ii) An employee who is on sick leave

without pay may be required upon the
request of the Corporation, to have a
medical assessment every six (6)
months, in order to determine that the
leave of absence is still required, and
also, the approximate date of the
employee’s return to work.

(c) Borrowed sick leave credits will be payable to

the Corporation from future sick leave credits
or upon termination of employment.

(d) Where an employee's claim pursuant to this

article is refused by the Workers'
Compensation Board, any borrowed sick
leave shall be recovered by the Corporation
from the employee's future sick leave credits.

(e) In case of death, the money value of the

borrowed sick leave shall not be recovered
from the estate.

12. Access to Information

A record of all unused sick leave credits shall

be kept by the Corporation. Each employee shall be
informed of the amount of sick leave accrued to his or her
credit on request.
 550
13. No Loss for Quarantine

An employee is entitled to leave with pay for

time lost due to quarantine where he or she is unable to
work, as certified by a qualified medical practitioner, and
granted leave without charge to leave credits.

14. Return of Credits During Period of

Compensatory Leave for Group 3

If an employee becomes ill during a period of

compensatory leave and such illness is supported by a
medical certificate, the employee shall be granted sick
leave with pay in accordance with paragraph 1 and his or
her compensatory leave credits shall be restored to the
extent of any concurrent sick leave granted.
 551

APPENDIX “FF”

EMPLOYEES ON SICK LEAVE AS OF THE

DATE IN WHICH THE SHORT TERM DISABILITY
PROGRAM IS IMPLEMENTED

Despite the introduction of the Short Term

Disability Program on January 1, 2013, all employees
who were on sick leave as of December 31, 2012 and
have not returned to work shall remain subject to
Appendix “EE” until they return to work.

When employees in such situations return to

work, any future absences due to illness or a non- work
related injury shall be subject to Article 20. As well, when an
employee returns to work, all remaining sick leave credits, if
available, shall be converted to top- up credits as per Article
20.
 552

APPENDIX “GG”

December 21, 2012

Denis Lemelin
President
Canadian Union of Postal Workers
(CUPW)
377 Bank Street
OTTAWA ON K2P 1Y3

Re: Driver’s Licence Abstract

This letter and the attached table confirm as to when an

employee is required to provide, or consent to the
Corporation obtaining, his or her driver’s licence abstract.

Mark MacDonell
Chief Negotiator
 553

Payment & Timelines regarding Driver’s Licence Abstract & Consent

When obtaining a position/assignment requiring a corporate Vehicle Operating Permit

(VOP) Part B & C of Article 13

Article Employee Payment Timelines

13
CPC pays for the Driver's Provides Driver's Licence Abstract within 5 days or
Change with VOP Licence Abstract Sign 'Consent' within 5 days
classification (when requested)
Part B & / or
Post office without Employee provides & pays for Provide
VOP the Driver's Licence Abstract Driver Licence Abstract within 10 days

CPC pays for the Driver's Provides Driver's Licence Abstract within 5 days
with VOP Licence Abstract or
Part C (when requested) Sign 'Consent' within 5 days
CPC pays for the Driver's Provides Driver's Licence Abstract within 5 days
without Licence Abstract or
VOP Sign 'Consent' within 5 days
 554

For Purposes of Due Diligence

Class Employee Payment Timelines

Class 1 & CPC pays for the Driver's Provides Driver's Licence Abstract within 30 days or
2 vehicles with VOP Licence Sign 'Consent' within 5 days
Abstract
(when requested)

Class 3 & CPC pays for the Driver's Provides Driver's Licence Abstract within 30 days or
4 vehicles with VOP Licence Sign 'Consent' within 5 days
Abstract
(when requested)

Note:
For Class 1 & 2 Medium trucks (5 tons) & Tractor trailers,
CPC must have a valid Driver's Licence Abstract (less then 1 year old) on file at all time
 555

APPENDIX “HH”

Mr. Denis Lemelin

Chief Negotiator
Canadian Union of Postal Workers (CUPW)
377 Bank St.
Ottawa ON K2P 1Y3

HUMAN RIGHTS AND WORKPLACE CONFLICT

Mr. Lemelin,

This letter will serve to confirm the Corporation’s

commitment to work with the Union to continue to pursue
our mutual goals of building a respectful environment that
embraces diversity, equality and human rights in the
workplace.

In undertaking this commitment, the Corporation confirms

its current policies on “Equality in Employment”, “No
Harassment” and “Workplace Violence Prevention and
Protection”.

Because the Corporation and the Union have both

expressed interest in strengthening our mutual
commitments in this area, the Corporation believes this can
be achieved, in part, through the provision of a half-day
joint training for all new employees.

At the same time, our mutual collaboration in this area will

serve to assist the parties in identifying situations in the
workplace where targeted training may also be required to
address human rights and conflict in specific situations.

The Corporation will be responsible for all costs for the

implementation of this training program, including the costs
for materials and preparation by the facilitators.
 556
Training shall be provided in the offices of the Corporation
and during the hours of work of employees and facilitators.

Facilitators designated by the Union and the Corporation

shall provide the training jointly.

Joint National Human Rights Advisory Committee

The mandate of the Joint National Human Rights Advisory

Committee will be to ensure that the parties’ mutual efforts
serve to create a workplace that maintains respect for the
dignity of others and is free of harassment and conflict.

The Committee will be composed of at least three (3)

representatives, from each party. Each party must have at
least one (1) woman representative. Efforts will be made to
have representatives from other equity designated groups.
Each party will be responsible for the costs of their own
representatives on the Committee.

The Corporation shall be responsible for the expenses,

fees, or salaries of consultants or experts agreed by the
Committee and as required by the Committee to carry out
its mandate.

The Committee will meet at facilities provided by the

Corporation, as frequently as it deems necessary to fulfill its
mandate, but not less than twice a year.

As part of this undertaking, the mandate of the Committee

will be to promote a general understanding for Canada Post
employees of human rights, harassment and conflict issues
in the workplace through an appropriate mix of
communications as well as overseeing the development
and implementation of programs, including employment
equity, and the establishment of training priorities, practices
and initiatives.
 557
The Committee will provide quarterly written reports on its
work to both parties.

Decisions of the Committee shall be taken on the basis of a

consensus between the representatives of both parties.

Hiring of Aboriginal Employees

The parties mandate the Joint National Human Rights

Advisory Committee to develop affirmative action plans to
promote and encourage the hiring of Aboriginal workers.

The Committee shall review the barriers to achieving

employment equity and ways of eliminating such barriers.

The Committee shall report to the parties in a timely

manner and consultation shall be held on the Committee’s
recommendations.

Mark MacDonell
Chief Negotiator
 558

APPENDIX “II”

CORPORATE TEAM INCENTIVE

The terms and conditions of the Corporate Team Incentive
Plan, which are applicable to eligible personnel within the
Corporation, shall apply to regular employees represented
by the CUPW.

The Corporate Team Incentive (CTI) will have an incentive

potential of three percent (3%) per fiscal year for meeting
Corporate performance targets. Also, there is a potential for
earning more than three percent (3%) if the Corporation
exceeds the targets it sets and less than three percent (3%)
if the Corporation does not meet the targets it sets.

Part-time employees will be eligible for pro-rated incentive

payments under the Corporate Team Incentive Plan based
on actual straight time hours paid, as opposed to scheduled
hours.

The Corporation may modify any of the terms and

conditions of the Corporate Team Incentive for the then
current or subsequent fiscal year(s), save and except for
those provided for in this Appendix.

The Corporation will notify and consult with the Union at the
national level regarding any changes made to the Plan.

The Corporation recognizes that the Corporate Team

Incentive is used to measure the overall national
performance of the Corporation.

For the purpose of the Corporate Incentive Plan, the

Corporation’s “fiscal year” shall mean the period from
January 1 to December 31 of each year. The Corporate
Team Incentive Plan will commence on January 1, 2007.
 559

APPENDIX “JJ”

PICKUP AND PARCEL DELIVERY OUTSIDE

THE REGULAR DAILY DELIVERY NETWORK

I. Agreement on a Pickup and Parcel

Delivery Model for Products and Services
Outside of the Regular Daily Delivery
Network

The parties acknowledge and agree that

duties should be combined where possible in order to
create full-time employment. As such, the Corporation will
endeavour to keep parcels in the regular daily delivery
network with the objective of maximizing full-time
employment.

In order to enable growth opportunities in the

parcel delivery market, a parcel pickup and delivery model
outside of the regular daily delivery network is established.
The establishment of this parcel pickup and delivery model
does not change the Corporation’s commitment to
maximizing full-time employment over time.

1.1 The parties agree to the implementation of a

Pickup and Parcel Delivery Model (the Model)
for new product and/or service offerings, and
pickup and parcel delivery outside of the
regular daily delivery network.

1.2 For the purpose of the present Appendix,

parcels also includes packets.

II. Elements of the Model

2.1 The Model involves the pickup, sortation, and

delivery of parcels that may be required in the
mornings, evenings, and on weekends
 560
outside the regular daily delivery network.

The parties agree that “mornings” in this

appendix refers to the time prior to the
scheduled departure time for letter carriers or
the Wave 1 letter carriers where 2 or more
departure times or Waves exist.

2.2 The Model will be implemented in postal

installations identified by the Corporation.

III. Creation of a Part-Time Parcel Delivery

Relief Function (PT PDR)

3.1 The parties agree to the creation of a new

function, titled Part-Time Parcel Delivery
Relief (PT PDR) under the following
conditions:

(a) the PT PDR function shall only exist in post

offices where the Model has been
implemented;

(b) this function is deemed to be included within

Group 2 in the PO LC-1 PT “Part-time Letter
Carrier” classification under the relief function,
as described in Appendix “A” of the collective
agreement; and

(c) only temporary or regular employees

assigned to a PT PDR Weekend Pickup,
Sortation and Parcel Delivery role may also
be used as unassigned or available relief
letter carriers under clause 17.04 on either
Fridays or Mondays or both.

(d) it is understood that the use of PT PDR

employees as relief letter carriers on Fridays
and/or Mondays will have no impact on the
 561
Bar Charts calculations.

IV. Part-Time Parcel Delivery Relief (PT PDR)

Assignments

4.1 PT PDR assignments created for the purpose

of this Model will be staffed with either regular
employees or temporary employees.

4.2 PT PDR assignments shall be created based

on the anticipated volumes of parcels as
outlined in paragraph 2.1 of the present
Appendix. Any extra hours will be offered as
per Part VII.

Temporary Employees

4.3 If the Corporation decides to staff the PT PDR

assignments with temporary employees, it will
utilize the appropriate Group 2 temporary
employee call-in list.

4.4 For the duration of a temporary assignment

under this Model, temporary employees will
be subject to the provisions of Article 44,
unless otherwise provided for in the present
Appendix.

4.5 When a temporary employee reports for work

at their scheduled starting time and no work is
available or less than three (3) hours of work
is available, he or she will be utilized to
perform other available Group 2 duties to
complete a three (3) hour shift.

Regular Employees

4.6 Positions are filled as per Article 13 Part (B).

However, PT PDR shall be treated as a
 562
separate classification for the exclusive
purpose of clause 13.11.

V. Morning and Evening Pickup, Sortation,

and Parcel Delivery – Regular Positions
(PT PDR)

5.1 The Corporation agrees to create regular part-

time positions resulting from Morning and
Evening Pickup, Sortation, and Parcel
Delivery where the volume density justifies
doing so.

5.2 The Corporation undertakes to meet with

Regional Representatives of the Union every
six (6) months to review the staffing
requirements and the possible creation of
regular part-time positions within each postal
installation where the Model has been
implemented.

5.3 The Corporation shall consider the volume

and density based on each assignment
involving Morning and/or Evening Pickup,
Sortation, and Parcel Delivery in the
applicable postal installation.

5.4 The Corporation shall create a regular PT

PDR position when an assignment maintains
an average density of at least fourteen (14)
activities per hour involving parcel delivery
(successful or attempted), pickups, and
clearances over each three (3) month period
in an automated site. The first three (3) month
period begins on the date of implementation
of the Model in a postal installation for a total
of four (4) reviews over a twelve (12) month
period.
 563
The above noted calculation shall only include
the time employees actually spend performing
parcel delivery, pickups, and clearances. Also,
for the purpose of the calculation, it is
understood that one (1) pickup is the
equivalent of two (2) parcel deliveries.

The same shall apply in non-automated sites,

however a density of at least eleven (11)
activities per delivery hour will apply.

5.5 It is understood that density will be derived

from available technology or information,
including departure and return times from the
installation.

VI. Weekend Pickup, Sortation, and Parcel

Delivery – Regular Positions (PT PDR)

6.1 The Corporation agrees to create regular part-

time positions for the purpose of Weekend
Pickup, Sortation, and Parcel Delivery per the
following timeline and process:

(a) beginning eighteen (18) months after the

coming into effect of this Appendix, the
Corporation shall create PT PDR positions
based on the following;

(b) the Corporation shall first identify the month in

the prior twelve (12) month period where the
lowest number of temporary employees have
been utilized for the purpose of Weekend
Pickup, Sortation and Parcel Delivery in each
postal installation;

(c) then, in the month identified based on sub-

paragraph 6.1 (b), the Corporation shall
identify the Saturday or Sunday, which does
 564
not fall on a designated paid holiday as
defined in clause 18.01, with the lowest
number of daily temporary assignments that
have been utilized for each postal installation;

(d) the number of PT PDR positions created shall

be equivalent to the lowest number of daily
temporary assignments utilized in each postal
installation, as determined pursuant to sub-
paragraph 6.1(c), in the prior twelve (12)
months as identified in sub-paragraph 6.1(b).

6.2 Following the completion of the initial eighteen

(18) month period, the Corporation shall
create PT PDR positions once every twelve
(12) months in accordance with the process at
paragraph 6.1 of the present Appendix.

VII. Extra Hours to supplement PT PDR

assignments

7.1 Any daily extra hours required for the pickup,

sortation, and/or delivery of parcels, as
outlined in paragraph 2.1, will be offered,
based on equal opportunity, in order of
seniority:

(a) to PT PDR employees who are at work, or

scheduled to work, up to a maximum of eight
(8) hours; or,

(b) as overtime to PT PDR employees who are at

work, or scheduled to work; or,

(c) to unscheduled PT PDR employees; or,

(d) any combinations of sub-paragraphs (a) to (c).

 565
And then:

(e) based on equal opportunity, in order of

seniority to temporary employees acting in a
PT PDR assignment, who are at work, or
scheduled to work, up to a maximum of eight
(8) hours; and if required,

(f) by seniority only, to available temporary

employees from the appropriate list to a
maximum of twenty percent (20%) of the
number of PT PDR assignments in the post
office.

VIII. Pickup, Sortation, and Parcel Delivery

8.1 The Pickup, Sortation and Parcel Delivery

operation under this Model may emanate from
any impacted postal installation, or may
emanate from a postal installation consisting
of multiple Forward Sortation Areas that are
grouped together.

8.2 Notwithstanding Appendices “S”, “V”(1), “CC”,

the LCRMS and MSCWSS, a route optimizing
solution will be applied where the technology
exists.

In postal installations where the technology

does not yet exist, the Corporation establishes
routes using density, volume, area, and a
number of parcels to be delivered per delivery
hour.

8.3 The Corporation agrees to share

comprehensive information regarding the
implementation and ongoing operation of the
Model through the regular National
Consultation process. Comprehensive
 566
information, which shall be provided on a
monthly basis, includes, but is not limited to
the following:

(a) the number of temporary employees used

monthly and daily for weekend parcel delivery;

(b) the total number of activities, as outlined in

paragraph 5.4, per hour for morning and
evening parcel delivery for each day;

(c) the established daily schedules and hours

worked by each employee.

IX. Coming Into Effect and Termination

9.1 Upon its coming into effect, the present

Appendix will replace the Delivered Tonight
Pilots in Greater Toronto Area, Vancouver
and Montreal extended by the Memoranda
signed on February 19, 2016.

9.2 The Corporation may at any time cease the

activities described in the Model as outlined in
paragraph 2.1. The present Appendix shall no
longer apply where the Model is terminated.

9.3 Should the Corporation exercise its right to

cease or scale down any activities of the
Model, the Union and employees shall be
notified at least thirty (30) days in advance of
the elimination of an assignment. Reverse
order of seniority will be utilized when
assignments are eliminated. Affected
temporary employees shall return to their
respective list and affected PT Parcel Delivery
Relief employees will remain unassigned
within their group and post office or
reassigned in accordance with Article 53 of
 567
the Collective Agreement.

X. Intention of the Parties

10.1 The parties at the national level agree to meet

to resolve issues that may arise from the
ongoing application of this Appendix and may
agree to make changes to the processes,
rules and contractual text during the life of the
collective agreement so that the intention of
the parties is reflected in the application of the
processes and rules.

Any agreements reached to amend this

Appendix shall receive written approval of the
authorized representatives of the parties at
the national level.

11.1 The present Appendix shall expire at the

expiry of the Collective Agreement.
 568

APPENDIX “KK” – PERCENTAGE OF COVERAGE

AND MAIL VOLUME INDEX

The parties shall establish a Committee to

review the percentage of coverage formula and the
application of the Mail Volume Index for machine-sequenced
and manual mail.

This Committee shall be composed of at least

two (2) representatives appointed by each party. The
Corporation shall be responsible for all costs associated with
the work of the Committee.

Objective

The project shall analyze and review all aspects

of the formula used to calculate the percentage of coverage
for letter carrier routes. The objective is to update the existing
formula or establish a new percentage of coverage formula
that determines more accurately the number of points of call
that a letter carrier delivers to on an average day.

The project shall also analyze and review the

calculation of the Mail Volume Index for machine-sequenced
and manual mail. The objective is to determine a method to
apply the MVI separately for machine-sequenced and manual
mail.

Guiding Principles:

• transparency with respect to data captures and

pilot results;
• evaluated workload that reflects the work
performed;
• a percentage of coverage formula that accurately
determines the number of points of call that a letter
carrier delivers on a daily basis, based on current
mail volumes and product mix.
 569

APPENDIX “LL”

OVERTIME ON A ROUTE
The parties recognize that the nature of the letter carrier
operation may necessitate an employee working overtime
to complete his or her route or assignment. This obligation
is acknowledged by the Union. The parties further
recognize that work and life balance is important for all
employees.

However, complaints have been received from employees

about not being able to finish on time when they have
important commitments. There may also be situations
where a problem with a route requires an employee to work
mandatory overtime on a regular basis. In order to help
employees in these situations, the Corporation shall
determine if the extra work can be managed in a way that
would avoid or limit unwanted overtime on an employee’s
route.

Work and Life Balance

It is recognized that, on occasion, family commitments,

appointments and/or other legitimate personal needs which
cannot be rescheduled, conflict with an employee’s ability to
work overtime on their route or on the route that they are
covering as a Relief Letter Carrier. An employee may
advise management that he or she does not want to work
more than eight (8) hours on a given route. In these cases,
local management will make reasonable efforts to have the
work performed, on a voluntary basis, by other letter
carriers in the installation or temporary employees, in no
particular order.

The above does not try to address overtime that occurs on

days following a statutory holiday or normally high volume
mail periods such as Christmas, Mother’s Day and others.
 570

Ongoing Overtime Situations

Where the workload on a route requires the employee to

work more than one (1) hour of overtime per day, on at
least three (3) days per week, over a period of twenty (20)
working days (excluding December), the employee shall
have the option to request assistance. Assistance will be
provided for each week day the employee worked overtime
in excess of one (1) hour on average during the twenty
(20) day period above, or for some of these days as the
employee may choose, but only after having completed the
staffing of uncovered routes. The amount of assistance
provided for a given day of the week will be equal to the
average overtime hours worked on that day of the week
during the twenty (20) day period above.

Employees requesting assistance must do so for a

minimum period of four (4) weeks and advise the
Corporation, in writing, at least one (1) week in advance.
The employee shall also advise the
Corporation one (1) week prior to the end of each period if
they would like the assistance to continue for another
period.

The Corporation may canvass employees to determine if

any additional employees would like to have assistance.

If an employee is receiving the assistance provided for in

the preceding paragraphs, the relief letter carrier that is
covering this route has the option of receiving this
assistance while covering the route.

The type of assistance provided shall take into

consideration the availability of the following employee(s),
in no particular order, within the installation:

• employees on modified duties, unassigned

letter carriers, available relief letter carriers, or
 571

• part-time letter carriers, willing to work

extended hours, or

• volunteer letter carriers willing to work

overtime, or

• temporary employees.

Consideration shall first be given to providing assistance on

the delivery portion of the assignment. If appropriate,
consideration may be given to providing inside assistance.
The assistance shall continue until the overtime situation is
resolved.

An employee receiving assistance under this appendix shall

not be eligible to accept overtime under clause 17.04 and
the employee will be recorded as having declined on the
equal opportunity list.

Employees who have this assistance on specified days of

the week will be eligible for 17.04 overtime on the days that
they are not receiving assistance.

Prior to requiring employees to work overtime under clause

15.14, the Corporation shall offer overtime under clause 17.04
to employees receiving assistance under this Appendix who
have indicated their interest.

The parties agree that an employee receiving the assistance

provided for in this appendix may still, on occasion, be
required to work overtime on his or her own route.

In recognition of the importance of meeting the Corporation’s

customer service obligations, the parties acknowledge that
there may be occasions when the Corporation is unable to
secure assistance pursuant to this Appendix and on these
occasions the employee will be responsible for completing
their route or assignment.
 572

APPENDIX “MM”

MEMORANDUM OF AGREEMENT BETWEEN

CANADA POST CORPORATION
AND THE
CANADIAN UNION OF POSTAL WORKERS

PROCEDURE FOR THE REVIEW OF SENIORITY

DATES
I. RIGHT TO REVIEW

1.1 Notwithstanding paragraph 11.02(b):

(a) The seniority date of an employee who was a

regular employee on May 3, 2007 may be
reviewed if the employee establishes that a
mistake occurred or that relevant facts were
not considered when his or her seniority date
was determined;

(b) The seniority date of an employee who

became a regular employee after May 3,
2007, may be reviewed if he or she alleges
that it is not in compliance with the provisions
of clause 11.02.

II. REVIEW PROCEDURE

2.1 Any request for review must be submitted in

writing to the employee’s supervisor and include an
explanation or documents in support of the review.

2.2 The request shall forthwith be reviewed by a

representative of the Corporation and an authorized
representative of the Union designated by the National
Director.
 573

2.3 The Corporation shall provide the information

it has on the employee’s employment history, but the
burden of proof shall rest with the employee who requests
to have his or her seniority reviewed.

2.4 Should the parties fail to agree on an

employee’s seniority date, the decision shall be made by
the Union’s authorized representative. Such decision shall
be final and binding and cannot be grieved by either party
or by employees.

2.5 Any revision of a seniority date shall take

effect within fourteen (14) calendar days of the decision
and shall not apply retroactively.

3. For absolute certainty, the new seniority rules

have no impact on clause 11.01 and the definition or
calculation of continuous employment or continuous service
under that clause, or:

(a) Employee Termination Benefit calculations or

related challenges;

(b) pensionable service calculations or eligibility;

(c) annual leave calculations or entitlements.

 574

APPENDIX “NN”

May 3, 2007

Pat Bertrand
Chief Negotiator
Canadian Union of Postal Workers (CUPW)
377 Bank Street
Ottawa, ON K2P 1Y3

POST-RETIREMENT HEALTH CARE BENEFITS

Dear Mr. Bertrand,

This will confirm the parties’ agreement in relation to the

changes negotiated to paragraphs 30.03(b) and (c).

It is agreed that those regular employees who have ten (10)

years or more of continuous service prior to January 1,
2008 will be eligible for post-retirement benefits, subject to
all other provisions and requirements contained in the
collective agreement and in the Extended Health Care Plan
itself. These employees will not be subject to the
requirement for fifteen (15) years of continuous service to
be eligible for these benefits.

This agreement is considered a one-time agreement by the

parties.

Sincerely,

Mark MacDonell
Chief Negotiator
 575

APPENDIX “OO” – TEMPORARY PEAK

WORKFORCE

I. Peak Period Temporary Assignments

The Corporation and the Union (the

“Parties”) acknowledge that in order to maintain delivery
standards and meet customer needs while balancing
employee workload during the high volume season, Peak
Period Temporary assignments are required.

Therefore, the Parties agree to create Peak

Period Temporary (“PPT”) assignments.

II. Description

2.1 For the purpose of this appendix, PPT

assignments shall be filled with temporary employees
performing Group 2 letter carrier classification work during
the normal work week in accordance with section 3 of this
appendix.

2.2 The PPT assignments shall exist for a fixed-

term of up to a maximum of three (3) months beginning, at
the earliest, on the first Sunday of November, and ending
on, at the latest, the first Saturday following January 31 of
the subsequent year (the “Term”).

2.3 The PPT assignments may start up to four (4)

weeks earlier than contemplated in paragraph 2.2 for the
sole purpose of allowing for the completion of necessary
training.

2.4 The PPT assignments shall have a

guaranteed minimum number of hours.

2.5 The PPT assignments shall be implemented in

 576
installations or post offices identified by the Corporation.

III. Filling Assignments

3.1

(a) The Corporation shall first offer PPT

assignments to existing employees on the
appropriate Group 2 temporary employee call-
in list, as set out in clause 44.04 of the
collective agreement.

(b) For the duration of the PPT assignments,

employees described in paragraph 3.1(a) who
accept a PPT assignment shall be entitled to
the provisions of Article 44, unless otherwise
provided for in the present appendix.

(c) Notwithstanding clause 44.12, where

practicable, the Corporation shall first offer
employees on PPT assignments additional
work up to a maximum of eight (8) hours per
day, prior to going to the appropriate call-in list
in accordance with clause 44.12.

3.2

(a) After paragraph 3.1(a) has been applied,

should the Corporation require additional
employees to fill PPT assignments, the
Corporation may hire for the sole purpose of
fulfilling the PPT assignments.

(b) The employees described in paragraph 3.2(a)

shall only be entitled to the provisions listed in
clause 44.17 and 44.18, excluding all other
provisions of Article 44, unless otherwise
provided for in the present appendix. For
greater clarity, such employees shall not be
 577
entitled to accumulate seniority as set out in
clause 44.01 or continuous service as set out
in clause 11.01.

(c) It is understood that, the employment of the

employees described in paragraph 3.2(a) shall
end following the expiry of the Term, unless
the employment is extended by the
Corporation. In such cases, employees will be
added to the appropriate call-in list as set out
in clause 44.04.

IV. Hours

4.1 Employees in PPT assignments shall work a

minimum of three (3) hours per day and at least thirteen and
one-third (13 1/3) hours per week, up to a maximum of forty
(40) hours per week.

4.2 In locations where PPT assignments are

implemented, for the purpose of paragraph 17.04(a), work
performed by all Group 2 temporary employees, in a PPT
assignment shall rank in between sub-paragraphs
17.04(a)(iii) and 17.04(a)(iv).

4.3 Employees in PPT assignments will be utilized

to perform other available Group 2 duties, in accordance
with the collective agreement, in the installation or post
office. Additionally, based on volume and workload, the
Corporation may move work from routes to employees in
PPT assignments to reduce own route overtime, where the
regular employee has indicated he or she does not wish to
work overtime on their own route.

4.4 Work accepted by employees in PPT

assignments in excess of eight (8) hours per day must be
completed by that employee on the given day.

4.5 PPT assignments will have no impact on the

 578
Bar Charts calculations.

V. Consultation

5.1 The Corporation shall hold local consultation

to discuss the implementation of PPT assignments with
respect to a given installation or post office for the year in
question.

5.2 The parties, at the national level, agree to

meet to resolve issues that may arise from the ongoing
application of this appendix and may agree to make
changes to associated processes and rules so that the
intention of the parties is reflected.
 579

APPENDIX “PP” – HOLDING VACANT POSITIONS

IN GROUP 2 WHEN A REDUCTION IN THE
NUMBER OF POSITIONS IS EXPECTED

The Corporation agrees that it is a preferred

outcome to staff Group 2 vacant positions on an
indeterminate basis. Therefore, it agrees to use its right to
temporarily staff assignments in Group 2 exclusively when:

(i) It is known that there will be a reduction

of positions in any group in the post
office/zone; and,

(ii) It is known that keeping vacant Group 2

positions is required for a timely
reassignment of regular employees
protected by job security as per Article
53.

In such circumstances, the following

prerequisites and parameters apply:

(a) The National Director and the local Union

have been notified in writing of the change
which will lead to a reduction in positions in a
specific location;

(b) The temporary staffing of Group 2

assignments is limited to the post office and
zone (as defined in Article 53) where the
reduction within the bargaining unit is known.

(c) Temporary staffing is limited to the period

starting from the date of the notice referred in
paragraph (a) above to either one of the
following dates, whichever comes first:

(i) the date the reduction takes effect

 580
within the applicable group(s) in the
specific post office and zone; or,

(ii) the date Article 53 is initiated.

(d) The maximum number of vacant Group 2

positions, for which assignments can be
temporarily staffed is limited to:

(i) the total number of positions

expected/forecasted to be reduced in
the applicable group(s) of the
bargaining unit in the specific post
office and zone;

(ii) less the total number of

expected/forecasted departures (for
any reason) within any group other than
Group 2 within the applicable post
office and zone.

(e) It is agreed that the number derived from

paragraph (d) above shall be consulted with
the local union or at the regional level if more
than one local is involved.

(f) Notwithstanding other bidding provisions

found in the collective agreement, the
temporary staffing of such assignments is
done in accordance with Article 17.
 581

APPENDIX “QQ” – LETTER CARRIER ROUTE

VOLUME UPDATES

The restructure process under Article 47 uses

past volume data when building routes. Accordingly, based
on the schedule and timeline of a restructure, the volume
data may no longer reflect the average volumes for each
product type due to volume growth or decline.

In order to better align the volumes based on

changes, the parties have agreed on a process to re-
evaluate routes based on more recent volume data.

Notwithstanding clause 47.06, the

Corporation will review, on an annual basis, the Personal
Contact Item (“PCI”) index and Mail Volume Index (“MVI”)
against the last available volume count data for a
restructure, and update the routes in a depot with the new
indexed volumes (“Volume Update”). The Volume Update
process will be as follows:

1) no later than twelve (12) months following the

effective date of the collective agreement the
PCI index and the MVI will be generated for
the depot prior to the scheduled Volume
Update for the most recent forty-eight (48)
week period, excluding the four (4) weeks in
December;

2) the PCI index and the MVI will be compared

against the last volume count data for the
depot;

3) the assessed workload for each route will

then be adjusted to reflect the volume change
by product type (MVI for Lettermail, and PCI
index for Parcels and Packets) if the
 582
assessment is increased.

The Corporation will conduct a Volume

Update for all depots not on the restructure schedule each
year, barring exceptional circumstances.

Depots will not have a Volume Update

conducted until at least fifty-two (52) weeks have elapsed
following the previous restructure implementation. The
Volume Updates will be scheduled on a staggered basis
throughout the year with no Volume Updates being
conducted in November and December.

The Corporation will include a schedule of

depots being updated through the Volume Update process
with the schedule provided for in clause 47.02.

Volume Updates shall not be considered

Restructures or Route Updates for the purposes of any
provisions in the collective agreement, LCRMS, or any
Memorandum of Agreement between the parties.

The parties acknowledge that this is a

mathematical update process, applying the latest volume
data against the last restructure, which may result in some
routes becoming over-assessed. As such, over-
assessment payments, route assistance and adjustments
will be done in accordance with the collective agreement
and LCRMS where indicated.

Nothing in this Appendix shall limit or restrict

the Corporation’s right to determine and schedule the
restructuring of routes.

The parties acknowledge that the Volume

Update process is intended to be a temporary short-term fix
while the parties explore longer-term delivery models and,
as such, the current restructuring process applies.
 583

APPENDIX “SS”

May 3, 2007

Pat Bertrand
Chief Negotiator
Canadian Union of Postal Workers
377 Bank Street
Ottawa ON K2P 1Y3

SAFETY WATCHERS IN HIGH-RISK SITUATIONS

Dear Mr. Bertrand,

During the current round of negotiations between Canada

Post and the Canadian Union of Postal Workers, the issue
of safety watchers for technical services employees working
in high-risk situations was discussed. The parties agreed
that Part II of the Canada Labour Code and its Regulations
provides for certain protections in these particular
instances. The parties agree that the following summary of
these obligations under the Canada Labour Code and the
Canada Occupational Safety and Health Regulations shall
be respected.

Working Alone in Technical Services at Canada Post in

High-Risk Situations

Under the Canada Occupational Safety and Health

Regulations, employers are responsible for the safety and
health of all of their employees, regardless of whether or
not they work alone. The employer is responsible to ensure
that the employee has received adequate training, and has,
at his/her disposal, all the proper tools, equipment and
protection equipment etc. required by the Regulations.

For purposes of this document, an employee is considered

to be working alone in technical services if he or she works
 584
by himself or herself at a work site in circumstances where
assistance is not readily available when needed. This could
include working on a different floor, opposite end of the
building or in an obscure location.

There are some situations that have been identified in the

Canada Occupational Safety and Health Regulations which
prohibit technical services employees from working alone,
including for example:

• Where a technical services employee is working on

or near live electrical equipment and, because of
the nature of the work or the condition or location of
the work place requires a safety watcher [section
8.8];

• entry into confined spaces under specified

hazardous conditions [paragraph 11.5(1)(c)];

• repairs/maintenance work on a machine which

cannot reasonably be locked out [subparagraph
13.16(2)(b)(ii)].

Examples of situations where technical services employees

should not perform certain tasks when working alone could
include:

• Employee requires equipment to be powered up or

in operating mode in order to troubleshoot an
electrical problem.

• Employee must perform maintenance work on

equipment with a critical guard removed with the
equipment in operating mode.

• Employee must manipulate awkward objects in the

vicinity of operating equipment.

• Employee working at heights over 2.4 meters.

 585

In these situations, the technical services employee must

make provisions for having their welfare monitored by
another person prior to undertaking the work. The person
that is monitoring must know what to do in the event of an
emergency. The level of monitoring required, is determined
by the degree of hazard (based on the probability and
severity of the risk) of the work, or the work environment.

Technical Services employees should always assess the

task they are about to undertake for possible hazards. If the
employee determines that it is unsafe to perform the task,
the employee shall contact their supervisor.

Local Management will implement procedures to ensure

that technical services employees working alone in high-
risk situations are monitored regularly for their safety.
These may include:

• Other person periodically visiting employee working

alone;

• Regular contact between the lone employee and

another person using either a telephone or radio.

If for some reason a technical services employee finds he

or she is alone, they are instructed not to perform tasks that
would put them at risk.

Mark MacDonell
Chief Negotiator
 586

APPENDIX “TT”

May 3, 2007

Pat Bertrand
Chief Negotiator
Canadian Union of Postal Workers (CUPW)
377 Bank Street
Ottawa, ON K2P 1Y3

UNADDRESSED ADMAIL PRODUCT SPECIFICATION

Dear Mr. Bertrand,

With regard to the new 12” x 9” x 0.75” product

specification, the Corporation confirms that this product
shall be sufficiently flexible to allow delivery to a normal
mail receptacle or compartment.

Sincerely,

Mark MacDonell
Chief Negotiator