Canada Post Corp v Canadian Union of Postal Workers

Document Type

Arbitration Decision

Publication Date



Job Vacancies, Collective Agreement, Geographical Priorities, Proper Procedure, Interpretation


The Union grieved the Employer's method of filling job vacancies. The Collective Agreement said that "the Employer shall fill vacant positions as they occur ...". A set of geographical priorities was applied to applications from other postal stations, for the filling of vacancies. The Union argued that the Employer was obligated to consider all applications, received or submitted by the actual date of vacancy. The Employer countered, by asserting that it was unreasonable to be forced to wait until the actual date of vacancy, before it could make an offer to the applicant; rather, it should be allowed to make offers to applicants for the anticipated vacancy, anytime before, during, or after the actual date of vacancy. The Employer also raised a preliminary objection: since the particular Employee at the heart of this grievance, had eventually been given the position that he was seeking, there was nothing left to arbitrate. And if the Union now wished to bring a "collective", rather than "individual" grievance, it had not followed the proper procedure.


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