CPAA British Columbia and Yukon Branch

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FAQ & ARTICLESGrievances
Vacation Leave
Training
Article 31.05
Discipline
Staffing
Assistant Reference
Term Reference

Open Door Q&A

COMPLAINT OR GRIEVANCE
How do you know if you have a complaint or a grievance? Well, it’s not always easy to recognize, but a good rule of thumb is that a complaint is just that, a complaint. An example of a complaint is that the Postmaster wants you to do a certain task and you disagree with that as it is not part of your regular duties, and you have argued about it. That is a just a complaint unless it is something that is illegal or harmful to yourself or someone else. A grievance is something that happens and is a breach of our Collective Agreement or By-laws. An example of that is you put in your scheduled request for annual leave and when you went to use the days, they were denied even though you had the credits and there was enough staff to fill the hours of your position. For that we would file a grievance on your behalf based on the violation of the related Article or Articles of the Collective Agreement. These are very basic examples, but remember to ask yourself before asking us to file a grievance for you, is this a violation of the Collective Agreement or not? You can always contact one of us to verify if what you have is a complaint or a grievance.

ARTICLE 22 VACATION ENTITLEMENTS
Our members have asked questions on how vacation leave is paid to Group Postmasters and Part-time employees now that they receive vacation pay. Article 22.03 – 22.11 explains about Group Postmasters and their entitlements. Articles 22.15-22.18 talks about Part-time employees. Basically what it means is that you will be paid for your regular scheduled hours during the time you take your entitled vacation leave. Article 22.18 states to Part-time employees who have worked extra hours they will receive vacation pay based on those extra hours of work. That will be paid to them prior to the last Friday of June. These Articles also explain about what happens if you are on sick, bereavement, or special leave and unable to use your vacation leave. They also talk about being paid out or requesting to carry over the leave to the next year. You must read the Articles carefully to be sure you get what you are entitled to. The best rule of thumb is to take your vacation leave and enjoy it!

ARTICLE 54 TRAINING
Please be aware of this article. Training is supposed to be sufficient and adequate. Many times this is not happening. We need to hear from you if you have been totally ignored or denied training. Nobody needs the stress that lack of training produces. It’s your health look after it. Please read pages 154/155 and know what you are entitled to.

ARTICLE 31.05 *This article does not apply to Term Employees.
Article 31.05 reads "When a Part Time Assistant who has been required to assume another schedule on a temporary basis for more than (20) twenty consecutive scheduled working days proceeds on paid leave while working on that temporary schedule, he shall be paid for such a leave as if the temporary schedule was his own. but only until the incumbent returns to the schedule or until the assignment ceases to exist."
There has been some confusion around this article. CPAA and CPC have mutually agreed on the interpretation of Article 31.05. The easiest way to break it down is to give three different situations:

1) The first is when an employee is assigned to a temporary schedule and is told from the beginning that the schedule will last more than 20 consecutive working days. If the employee goes on paid leave any time during that assignment, then they are paid as if the temporary schedule was their own, no matter when the leave starts.
2) When an employee is assigned to a temporary schedule and is told from the beginning that it will last 20 days or less, then they would be paid at their substantive rate of pay (i.e. their indeterminate position/schedule) if they should go on paid leave at any time during that assignment.
3) If the employee is assigned to any temporary schedule and actually works the temporary schedule and actually works the temporary schedule for more than 20 consecutive days, that person would be paid at the higher rate if they took paid leave. That would be the case, whether or not the Corporation or the employees believed at the beginning that the assignment would last 20 days, and regardless of the expected length of the assignments. We also agreed that an employee would not be able to apply this retroactively. It only counts for leave started after the 20th continuous working day of the assignment.

ARTICLE 6 DISCIPLINE
Mr. Conscientious, Postmaster, gets his mail from his neighbourhood mail box. Ah, a notice for something sent by priority courier service that he must pick up at the post office counter. After signing for the letter, he notices that the letter is sent to him by Canada Post and discovers it's a summons to a disciplinary interview. The interview is scheduled for three (3) days from then, at least, 24 hours after the receipt of the summons. On the notice, the purpose of the meeting is given as well as whether his file is to be considered. The superintendent reminds the employee that he is entitled to require the presence and assistance of an Association representative. Mr. Conscientious starts to feel worried and immediately calls a union officer.

Let's consult the collective agreement to see what it says on the matter:

No disciplinary measure in the form of a notice of discipline, suspension or discharge or any other form shall be imposed on any employee without just, reasonable and sufficient cause and without his receiving beforehand a notice showing the grounds on which a disciplinary measure is imposed.
- Notice Requirements and Content:
- Must show name of receiver
- Must give 24 hours advance notice
- Must show the purpose of the meeting and specify whether the employee's file is to be considered.
- Must show the location and time of the meeting (location must be closed to ensure confidentiality)

The notice must specify that the employee is entitled to require an Association representative to accompany and assist him or her. Personal File: If the employee's personal file is to be considered, the employee and the Association Representative shall before the meeting have access to the such file. The employee has the right to refuse to participate in the meeting if he does not have such access. There must be only one personal file for each employee. Any report concerning an infraction shall be withdrawn from the personal file after a discipline free period of twelve (12) months from the date of alleged infraction, No disciplinary report or document relating to an employee's performance shall be placed on that file unless a copy of the said report or document is sent to the employee within ten (10) days after the date of the interview. The copy must be sent to the employee by an expeditious method of mail delivery for which a signature acknowledging receipt is kept. A verbal reprimand shall not be considered as a disciplinary measure and shall not be reported in the personal file of the employee. In circumstances where the Corporation suspects a criminal offense has been committed, it may suspend the employee in question in order to conduct its investigation. Any measures aimed at the reinstatement, suspension or dismissal of the employee are taken within 15 days of a suspension. Otherwise, the employee shall be reinstated to payroll on the first working day that follows. Mr. Conscientious, to be represented simply contact the Association.

Staffing *Compliments of the Ontario Branch, CPAA
To give you some of the staffing history, in 2003 CPAA filed 16 staffing grievances because the Corporation had not filled the vacancies within the agreed 6 month time limit of our collective agreement. We also made sure that these vacant positions got backdated to the six month deadline so the members who were working in these positions could benefit from the pensionable service and benefits. These grievances proved to be effective because in 2004 we only had to do four staffing grievances. Prior to filing these grievances we had notified our employer if they continue to go over the allocated 6 months to staff a position we will continue to file staffing grievances.

When staffing these vacant positions, CPAA is adamant in promoting meaningful employment with respect to article 11.01 (b) of our collective agreement. This means when a vacancy in an office occurs, CPAA consults with Canada Post, on the operational requirements of that office and the hours of each position, to look to see if they can combine positions to make meaningful employment. For example if there was a vacant 7 hour position and after looking at the operational requirements of the office we could combine it with the existing 10 hour position and make 1 position of 17 hours. This in turn creates a meaningful job with substantial wages and an increase of benefits, which includes family dental, because now you are a Level 2 employee as you have a position 15 hours or more. Achieving the clause of meaningful employment was a major gain for our bargaining unit. Because when you look at the big picture these gains affect a persons pensionable service.

A Level 1 position is staffed as follows:

assistant in the office, where the opportunity exists.
Transfer list
From the relief list, within 50 kilometers (the members on a relief list are the members in which their hours of there positions have been reduced).
Term with continuous in that office.

A level 2 position 15 hours or more is staffed as follows:

to the assistant in the office who has the most seniority.
Transfer list
Relief list within a 50 kilometer radius.
8 To a Level 1 employee who has notified the corporation of his interest within 50 kilometer radius.
To the qualified term in the office.

Now we will talk about Postmasters and Senior Assistant vacancies. If you phone the Employment Information Line at 1-800-394-4000 you will get all the information regarding full time positions that are available. The information line is updated every Monday, therefore if you call once a week you will be able to keep informed of all positions that go online.

Filling a Postmaster Vacancy:

transfer list first
if there are no transfers in, then it goes on the employee information line (under transfer) for 1 week.
staffing allows another week for the transfers to come in.
then it is listed on the competition line for two weeks.
you need to remember that competitions are only for employees who are seeking a promotion.

Filling a Senior Assistant Vacancy:

by transfer of an employee as provided in Clause 35.10 which is a member who has been downgraded in their position. This is referred to red circling and it doesn't happen that often.
transfer list
advertised to all employees in the office
in the event no one wants it in the office or qualifies, or if no transfers, then on the employee information line.
competition as per article 11.06
if no one qualifies then it is offered to employees in the corporation.
then to terms with continuous employment may apply.
general public.
both senior assistants and postmaster's competition process should be completed within 12 weeks.

Transfers
Our transfer list is growing all the time. It is nice to see our members exercising their right to transfer. Remember you can transfer to the same level, a lower level, but not into a higher level. The only exception here is a Level 1 employee can transfer into a Level 2 position.

CPAA employees have two opportunities to apply for a transfer. The first step is to send a transfer form to the staffing officer in the area of competition where you wish to transfer. If you are not sure who that is, you can give anyone of us a call and we can give you that information. Your transfer request is valid for one year.

The staffing officer should acknowledge receipt of your transfer within 30 days. If the position is not filled by the above process, the vacancy will then be advertised on the Employee Information Line for one week, for the purpose of transfers. This will allow employees a second chance to request a transfer before the job goes to competition. If no employees request a transfer, following a waiting period of one week for the receipt of transfers, the job will then be advertised as an Opportunity for the Advancement on the Employee Information Line for two weeks. It is important to note that the opportunity to transfer and the opportunity to compete will be advertised separately.

You are only eligible to put in a transfer if you have been at your present classifica- tion level for 2 years. Once you have obtained that status then you are free to transfer as much as you like. If there is more than one transfer on the list for the same place, the position will be offered to the employee with the longest continuous employment in the bargaining unit within the area. If there is no one, it is offered to out of province transfers.

Your editor, Brenda McAuley

Assistant Reference

Where is this collective agreement?	The corporation is required to provide them to you through your Local Area Manager. The current agreement expires December 31, 2014.
Do I receive a uniform?	Yes. Article 53 of the collective agreement details your entitlement. Your scheduled hours affect how many articles you receive. The minimum is one shirt and one tie/crossover. You order once per year.
What is my classification level?	Level 3 assistants have the Senior 40 hour position in a level 6 office. Level 2 must have 15 or more scheduled hours per week. Those below 15 scheduled hours per week are level 1.
What is my rate of pay?	There are six pay increments for each classification level. You start at the lowest and increase one increment per year. The date of your increment (raise) is the first pay period Monday after your anniversary date. The pay levels are found in Appendix A of your collective agreement.
What is an anniversary date?	The date you were appointed to your present position. It may be earlier if you were working in your position before you were appointed to it.
Do I get paid more for working a different position?	It is possible. After the third consecutive shift as a level 3 assistant you get a level 3 rate of pay for all consecutive shifts. If you replace the postmaster for full shifts, you get acting pay according to the level of that position (3-6). A level 3 assistant must work 20 consecutive shifts as postmaster to qualify. Please refer to Article 40 for a complete explanation.
How much pay do I get for statutory holidays?	If you were paid for more than 54 hours in the previous thirty days, you get the average of your last five days pay or your scheduled hours for that day whichever is greater. Otherwise, you get 1/20 of the hours worked in the last 30 days, except that you will not receive pay for Easter Monday or the holiday in August. If you receive less than your scheduled hours for that day, you are entitled to have that difference rescheduled so you have no loss of pay.
What if I was acting Postmaster for the holiday?	If you were acting the shift before and the shift after the holiday, you get pay as if you were in the position. (8 hours)
Can I get more hours than my schedule?	It is possible. If someone is absent from your office, Article 20.13 outlines who is entitled to any extra hours. Workload may also generate extra hours.
How can I be promoted?	If a part-time position in an office becomes vacant, each of the other part-time assistants may move up one spot. You are also entitled to enter an internal competition for a vacant level 3 position. Level 1 assistants may ask for and receive a level 2 position in an office within 50 km of their home office should such a position become vacant and there is no indeterminate employee in that office who qualifies to take the position. You may also apply for any level position higher than your own the corporation advertises within our area of competition. Article 11 contains complete details.
Someone in my post office is on work options and I work their shift on those days. Does this affect my benefits?	Yes. Your entitlements for that day are figured as if that was your regular shift. You get sick leave and you earn sick credits. If it is a stat holiday, your pay is calculated as if you would normally work that day.
What benefits am I entitled to?	All indeterminate employees are entitled to the Extended Health Care Plan from day 1, however you must apply for this plan through compensation and benefits. Canada Post pays the premiums. It entitles you to basic health coverage for such expenses as drugs, ambulance, chiropractor, a portion of eyeglasses, etc. This is an excellent plan and saves you the expense of blue cross or GMS. We encourage you to take advantage of this benefit. It covers your family as well as long as you indicate this on your application. Extended coverage is also available; details are included in the package sent to new members by benefits. Employees with 15 scheduled hours per week or more are also entitled to the dental plan, more coverage for vision and hearing, and the disability insurance program, all after six months. Family is included for dental and extra coverage for vision and hearing if your scheduled hours are 35 or more.
Do I qualify for a pension?	Employees with 12 or more scheduled hours per week belong to the Canada Post Pension Plan. The plan is compulsory and provides good retirement benefits. You will also qualify if you act in a position with enough hours for a six month period. Once you qualify and as long as you are employed you will contribute each time you work at least 12 hours per week.

Term Reference

I am a new term employee. Do I have any rights under the collective agreement?	You have the right to representation from the union. You are paid the minimum rate of pay for the level of the position you are replacing. You are paid at that until reaching continuous employment. You are eligible for any applicable benefits required under the Canada Labour Code. Example: you are entitled to receive 4 per cent vacation pay.
Can I ever acquire any more rights?	Yes, but you must work for six weeks without any breaks of more than 7 days. Example: you worked on a Monday and then again Tuesday of the following week. This would meet the requirements of a break of no more than 7 days. When you have attained 6 weeks, you are entitled to 22 articles of the collective agreement as listed in Article 50.03.
Once I've worked six weeks, which of these articles would be most likely to affect me?	Article 20. This article outlines hours of work. The normal hours of work for employees shall be 4 to 40 hours per week. When you have worked for 6 weeks continuous and continue to work in a position, you will be entitled to at least 4 hours of work per week. Example: The Part-time position you are working in is a 4 hour position. The PTA works 3 hours on Saturday and 1 hour on Monday. You have only been working 3 hours on Saturday. After 6 weeks of service, you would be entitled to the 1 hour worked on Monday. You are entitled to uniforms. You are entitled to receive a collective agreement. These are supplied by Canada Post. Contact your Local Area Manager. Also you will be covered by more articles in the collective agreement once you have attained continuous employment.
How do I attain continuous employment?	You must work every week with no breaks of more than 7 days for a period of six months. Once you have achieved that status, you must work once in every 30 days to maintain this status.
When I have continuous employment, what should I be aware of?	You are entitled to all articles listed in article 50.04. Your vacation pay will rise from 4 per cent to 6 per cent. You are entitled to the following leaves: vacation, special, bereavement, court, leave without pay, sick and injury-on-duty. You are entitled to staffing (Article 11, as specified). You are entitled to rates of pay. This means you will receive an increment in your salary when you have worked for one year from the date you became a continuous employee. Example: You began work on June I and attained continuous status on December 1. You will be entitled to receive an increment on June 1. Term employees having continuous employment are eligible for recall if there is another term assignment in the office within 90 days of their last date of employment.