Re Canada Post Corp and CUPW (Betts)

Document Type

Arbitration Decision

Publication Date



Discipline, Suspension, Illegal Strike, Stoppage, Canada Labour Relations Board, Evidence, Notice


These are grievances on behalf of approximately 627 employees claiming that the Employer imposed disciplinary suspensions on them for allegedly participating in an illegal strike. The Union agreed that there had been a 2-day work stoppage by employees, that the Canada Labour Relations Board had found it to be an illegal strike and had issued a cease and desist order, and that the strike was in fact illegal. They do not agree that the Grievors participated in the illegal strike and put the Employer to the strict proof of the just, reasonable and sufficient cause for discipline of each of them individually. The Union also requested a finding of non-suit based on the Employer's lack of evidence. The Employer submits that this strict individual proof approach is contrary to the Regular Arbitration Procedure. A second issue is whether each of the Grievors received written notice beforehand.


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