Re Canada Post Corp and CUPW (Coleman)

Document Type

Arbitration Decision

Publication Date

10-25-1995

Keywords

Collective Agreement, Time Off, Fiscal Year, Past Practice, Payment

Abstract

The Union grieves on behalf of an Employee who claims the Employer has breached the Collective Agreement by refusing to allow him to carry over compensatory time off earned in fiscal year 1993-4 into 1995-6. At the end of 1994-5, the Employer sent the Grievor a cheque for time off earned in the previous fiscal year. The Grievor returned the cheque, stating he would rather carry over the time off into the next fiscal year. The Employer insisted that the Grievor had no choice but to cash out his compensatory time for the previous year. The Grievor testified that, in the past, he and other employees had carried over their time off for more than one year. The relevant article of the Collective Agreement does state that all requests to carry such time over from one fiscal year to the next must be submitted within twenty days of "the end of the fiscal year in which it was earned." Comparable articles dealing with compensatory time off for other levels of employees specifically state that, if not "liquidated by the end of that fiscal year, then payment in cash will be made." However, the article respecting Group 2 employees, such as the Grievor, lacks such specific language.

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