Re Canada Post Corp v CUPW
Collective Agreement, Minutes of Silence, Policy Grievance, Hearing Process, Absenteeism, Estoppel
While negotiations for the current Collective Agreement were taking place, the Union and the Employer signed Minutes of Settlement on a policy grievance about the hearing process for absenteeism grievances. Several months later, the current Collective Agreement was signed. It did not make any reference to the Minutes of Settlement; however, the practices agreed to in that document were continued for over a year before the Employer notified the Union that it would no longer comply with them. The Union argues that the Employer is bound by the Minutes, or that the doctrine of estoppel precludes any change by the Employer.
Re Canada Post Corp v CUPW (1987), 1987 CanLII 8076 (NSLA) (Arbitrator: Innis Christie).