Re Canada Post Corp and CUPW

Document Type

Arbitration Decision

Publication Date



Vacation, Leave, Fiscal, Modified, Carrier, Injury, Seniority, Bidding


This grievance challenges the Employer's right to insist that employees use up their annual vacation leave in the fiscal year in which it is earned, where taking it involves taking annual leave while on modified duties. The Grievor, a letter carrier, had bid for her annual leave according to the provisions of the Collective Agreement. However, the Grievor had not bid for all the time to which she was entitled for the fiscal year 1996-97, deciding to wait and see. In the interim, she was placed on modified duties due to a knee injury that would subsequently require surgery. Realizing this, the Employer requested she take her remaining annual leave in the only open slots available in order to use it up within the required time-frame. The Union argues that this was a forced annual leave.


Summary available only on CanLii.