Canada Post Corp v Canadian Union of Postal Workers
Canada Labour Code, Seniority, Collective Agreement, Exceptions, Transfer, Non-Managerial Position, Onus, Small Post Office
This was an arbitration under the Canada Labour Code. The Union alleged that three persons should have lost their seniority by virtue of a provision in the Collective Agreement which says that persons lost seniority when transferred out of the bargaining unit. There were no exceptions to the provision. If the transfer is to a managerial position, past seniority is not lost if the position is in a small post office (less than 15 bargaining unit employees or less than 10 supervisors) and the employee returns to the unit within six months. If the transfer is to a 'non-managerial position', seniority continues to accumulate if the employee returns to unit within six months. Question of onus, and of the meaning of 'managerial' position, return to the bargaining unit, and small post office were at issue.
Canada Post Corp v Canadian Union of Postal Workers (1982), 1982 CanLII 4390 (Can LA) (Arbitrator: Innis Christie).