Re Canada Post Corp and CUPW

Document Type

Arbitration Decision

Publication Date

6-17-1997

Keywords

Postal, Careless, Shortages, Theft, North Sydney, Burden of Proof, Wicket

Abstract

This grievance involves three postal workers who were considered to be careless by their Employer and were therefore being held responsible for wicket shortages following a theft at the North Sydney Postal Facility. The relevant sections of the Collective Agreement were Section 10.01 dealing with just cause and burden of proof and Article 31.04 protection against shortage for wicket / counter employees. The Union argued that the Grievors were not solely responsible for the losses as the theft was an intervening event and, furthermore, it was not clear that the Grievors were aware of the Employer's policy that all money and postal values were to be placed in the vault at the end of each work day. The Employer contended that there would have been no loss if the Grievors had followed corporate policy. One of the Grievor's acted as lead hand in the Postal Facility and had signed for the notice of the Employer's policy. According to the Collective Agreement, the burden of proof rests with the Employer to demonstrate carelessness.

Comments

Summary available only on CanLii.

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