Re Canada Post Corp and CUPW

Document Type

Arbitration Decision

Publication Date



National, Union Grievance, Collective Agreement, Declaration, Preliminary Hearing


National Union grievance alleging breach of the Collective Agreement between the parties bearing the expiry date 31-07-89, but kept in effect by force of legislation. The Union requests a declaratory decision. Prior to the scheduled days of hearing in this matter the Employer sought an adjournment due to rotating legal strikes by the Union. By agreement of the parties, that request was dealt with by telephone conference. At the outset of the subsequent hearing in Ottawa the parties agreed that I am properly seized of the preliminary issue dealt with in this award, but the Employer did so explicitly without prejudice to the right of either party to object to the exercise of similar jurisdiction by any arbitrator in the future. There was no waiver of time limits. At the conclusion of the hearing in Ottawa on September 10, 1991, I made a oral award on the preliminary issue, in which I denied the Employer's objection to my jurisdiction based on the allegation that this matter had not been properly referred to me.


Case summary available at the Sir James Dunn Library via Canadian Labour Arbitration Summaries. Full text available online at WestlawEdge Canada (subscription required).