The following is a letter that was delivered to the union on behalf of the Corporation explaining the issue of certain leaves during a strike or a lock out.
Dear Mr. Lemelin:
This letter addresses the issue of a settlement
in the current negotiations not being reached
and your bargaining unit acquiring the legal
right to strike and Canada Post acquiring the
legal right to lockout.
Although we would prefer a settlement and
remain hopeful that one can be reached, we
must be cognizant of the status of the
collective agreement. The purpose of this
letter is to set out the new terms and
conditions of employment that will apply upon
conclusion of the extension of the collective
n the event that a notice of a work disruption,
which complies with section 87.2 of the
Canada Labour Code, is provided, the terms
of the current collective agreement between
Canada Post and CUPW will no longer apply.
In such a case, but no earlier than May 25,
2011, the terms and conditions of employment
of all CUPW-represented employees (urban)
will revert to the statutory minimum conditions
established by Part III of the Canada Labour
Code, with the exception of the following:
An employee will be paid for time worked at the rate of pay to which he/she was entitled on the day prior to the date upon which the
provisions of the collective agreement ceased to apply.
Under the law, benefits can be maintained if the Union pays for them. CUPW has not indicated whether it will pay to continue
benefits. Therefore, the following benefits will be suspended unless payment is received before or upon receipt of notice:
Extended Healthcare Plan (EHCP)
Disability Insurance (Dl)
Adoption and maternity sub-plan
Vacation leave that was approved and
started before notice is given will be
honoured until any strike activity occurs
All new vacation leave requests will be subject
to Director-level approval and one week's
Once any local or national strike activity
occurs, all vacation leave will be cancelled
for all employees.
Certified sick leave and sick leave without pay that began before notice is given will be honoured, subject to the availability of credits, until any strike activity occurs.
New sick leave requests will be subject to management approval and will require a medical certificate.
Once any local or national strike activity occurs, sick leave will no longer be paid for any employee.
I .O.D. LEAVE
Until advised otherwise, injury-on-duty leave will continue where an employee was on such leave prior to notice being given. Upon notice being given, an employee who works and
claims an injury-on-duty shall be entitled to only those benefits as determined in
accordance with applicable workers'
Employees will not accumulate pensionable time while they are not working due to any strike activity.
Union dues will not be collected once notice is given and will not be deducted again until the effective date of a new collective agreement or such earlier time as may be determined.
The Corporation will staff to workload to meet customer requirements.