Re Canada Post Corp and CUPW

Document Type

Arbitration Decision

Publication Date

3-18-1995

Keywords

Collective Agreement, Payment, Resignation, Surplus, Position, Transfer, Procedure

Abstract

The Union alleged breach of the Collective Agreement in that the Employer offered, and made, augmented payments upon resignation to an employee without first declaring a surplus. The Employee's position was subsequently abolished. The Union requested that the Employer's actions be nullified, the position restored and the Employee reinstated with compensation for any lost earnings or benefits. The Employer asserted that the arrangement with the Employee was not contrary to the Collective Agreement. The Employer had determined that there was one too many employees and a notice was sent to all employees asking if anyone was interested in a buy-out. One person was interested in a move and a transfer was arranged according to the Collective Agreement. Another employee indicated an interest in the buy-out and the Employer proceeded with it as a way of creating a vacancy.

Comments

Summary available only on CanLii. Full text available online at Lexis+ (subscription required).

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