In a written decision dated March 19, 2013 arbitrator André Bergeron allowed national policy grievance # N00-10-00001 dealing with the collective agreement retroactivity during the strike and lockout period for the collective agreement of 2007-2011.
The decision was released by the union two weeks ago. As of yet, no bulletin has been written by the union informing postal workers of this important decision.
You will remember that during our last dispute with the corporation which ended with back-to-work legislation being passed by the Harper government, management argued upon our return to work that the legislation did not extend to the lockout period and thus, deducted several days of annual and sick leave credits from our entitlements.
After hearing the case and receiving several authorities in the matter, arbitrator Bergeron concluded: “For all the aforementioned reasons, I find that the collective agreement extended by the Act to Provide for the Resumption and Continuation of Postal Services as of February 1, 2011, also applied during the strike and lockout period”.
This means that all annual and sick leave credits that were deducted from our entitlements will have to be reimbursed. Usually, the corporation has 90 days to implement the corrective action. For some workers, this represents a total of 4 days of leave or the equivalent of a 4 day pay.