Canada Post Corp v Letter Carrier's Union of Canada
Discharge, Agreement, Lateness, Binding, Breach, Last Chance
Due to his record of lateness, the Employer gave notice of its wish to discharge the Grievor, a postal worker. The Union, however, told the Employer that the Grievor had an alcohol problem and persuaded the Employer to give the Grievor one last chance. An Agreement in writing was signed by the Employer, Grievor and a representative of the Union, in which the Grievor was to enter an alcoholic rehabilitation program and subsequent follow-up with a therapist. It was made clear in the Agreement that his lateness would be closely monitored and that this was his last chance to keep his job. Four months later, the Grievor was 35 minutes late as a result of oversleeping and was discharged by the Employer. The Union argued that the Agreement was not binding because the representative did not have the power to bind the Union.
Canada Post Corp v Letter Carrier's Union of Canada (1983), 1983 CanLII 4236 (NSLA) (Arbitrator: Innis Christie).