Canada Post Union To Challenge Back-To-Work Legislation In Court


First Posted: 06/29/11 08:16 AM ET Updated: 08/29/11 06:12 AM ET

THE CANADIAN PRESS -- MONTREAL - The union representing Canada Post employees will mount a legal challenge against legislation forcing them back to work.

The back-to-work bill was adopted last weekend following a 58-hour filibuster by the NDP.

Alain Duguay, head of CUPW’s Montreal local, told The Canadian Press the union will seek legal recourse in an effort to overturn the legislation.

He said the decision was made by the union's national executive after a long meeting on Tuesday in Ottawa.

Duguay said details about the effort — such as whether the law will be challenged entirely or in sections — have yet to be determined.

In the meantime, said Duguay, postal workers do not plan to defy the law, meaning mail delivery will continue while the law is being contested.

The union is also considering lodging a complaint with the Human Rights Commission, claiming discrimination against newer employees who will not have the same pension benefits as older ones.

The back-to-word legislation forces postal workers to accept wages that are less than Canada Post's last offer.

On non-wage issues, it imposes a form of winner-take-all arbitration in which CUPW and the corporation will each make a final offer, one of which will be accepted.

Salary issues are not included in the arbitration process.

The union says it still hopes a new collective bargaining agreement can be struck before the arbitrator makes a decision.

Postal workers began a series of rotating strikes on June 3 and Canada Post brought delivery to a complete halt by locking out employees on June 14.

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THE CANADIAN PRESS -- MONTREAL - The union representing Canada Post employees will mount a legal challenge against legislation forcing them back to work. The back-to-work bill was adopted last week...
THE CANADIAN PRESS -- MONTREAL - The union representing Canada Post employees will mount a legal challenge against legislation forcing them back to work. The back-to-work bill was adopted last week...
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07:00 PM on 06/29/2011
First off, I'm self empployed. I don't get vacation time. I don't get sick days off, or an increase in pay, or cost of living or guaranteed security. I didn't vote for the Conservative government or Steve Harper. So lets get that out of the way now.

This union action is a joke. Canada Post already pays more than fair market share for their employees. This union action is an afront to everyone out there who operates a small business. It's criminal!

From Macleans:
"As with most sinecures, however, the real advantage to working at Canada Post is in the benefits. Postal workers currently accumulate sick days at the rate of 15 per year, with no maximum. The extent of this bottomless bank of sick days is illustrated by a recent Canadian Union of Postal Workers (CUPW) bulletin that offered up the apocryphal example of “Narinda,” who has “402 days of sick leave credit.” Canada Post is sensibly proposing to buy out this improbable inventory; Narinda would receive $3,000 cash for her hoard of sick days.

Then there is the matter of paid vacation. Current full-time Canada Post employees are eligible for up to seven weeks of holiday, a prospect far beyond imagination for most in the workaday world. And the pension plan has an unfunded liability of $3.2 billion."

Read the full article here: http://www2.macleans.ca/2011/06/10/time-to-send-a-message-to-canadas-postal-workers/
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HUFFPOST SUPER USER
cameron d
Don't blame me, I voted Smitherman.
11:37 AM on 06/29/2011
So this is how Labour negotiations will be for the next five years? Conservative government comes in and gives the workers even less than the employers were offering? 39% of Canadians voted for the Conservative Government and this is what we get. Great.
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01:16 PM on 06/29/2011
You can thank Alberta and Ontario for this.
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cameron d
Don't blame me, I voted Smitherman.
02:07 PM on 06/29/2011
I live in Toronto and I'm already weeping about the upcoming Provincial election.
01:30 PM on 06/29/2011
They are getting the same increases as 100,000 other public service employees.
11:26 AM on 06/29/2011
Thank you CUPW, for taking this to court. I can't believe the CAW sat by and let the next generation of employees get screwed before they were even hired.

And Thank you CUPW for standing up for MY rights, as a human, to protect collective bargaining. I know understand, though many don't, that the struggle isnt between union and non-union worker, its between labour and corporate management greed. You don't see the government running in to remove rights for corporations, but they sure are quick to remove rights for workers, even at a time when corporate profits world-wide are higher than ever in history, and wages have effectively been stagnant for the last 20 years. Thank you CUPW and good luck!
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robertmiller252
11:35 AM on 06/29/2011
Collective bargaining is NOT a human right. And wages certainly have not been stagnant for the past 20 years. What World have you been living in?
12:27 PM on 06/29/2011
Collective bargaining is a Charter right: section 2(d) of the Charter is the right to associate. The Supreme Court of Canada has found that section 2(d) includes the right to unionize and the right to bargain collectively.

So whatever world YOU are living in, it ain't Canada.
12:33 PM on 06/29/2011
"Real average earnings have not increased in 50 years"

Read more: http://www.businessinsider.com/15-charts-about-wealth-and-inequality-in-america-2010-4#real-average-earnings-have-not-increased-in-50-years-6#ixzz1QgR5Njp1

Take a look at this, and then tell me about what has happened to labour versus management.
12:15 PM on 06/29/2011
What is it with you people! Unions are not the saviors of the working man. They're a bunch of extortionists with a large sense of entitlement.

Nay, they're donkeys.
12:28 PM on 06/29/2011
"They're a bunch of extortioni­sts with a large sense of entitlemen­t. "

Actual I think you're describing CEOs!
12:50 PM on 06/29/2011
What is it with you non-unionized people working without pensions, vacations, and a livable wage trying to bring everyone down to your level! You're a bunch of peons with with no sense of self-worth!

Nay, you're mules!
11:14 AM on 06/29/2011
I think the government over-reached in this case. They should have ordered everyone back to work, but should have left everything to the arbitration - winner-takes-all or not.

Why should the employees have to accept lower wages than the company was willing to offer?
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robertmiller252
11:36 AM on 06/29/2011
Because they were too stupid to accept a good offer when it was presented.
01:00 PM on 06/29/2011
The troubling thing Robert, is that it wasn't for them to decide. They could have forced Canada Post to lift the lock out - and allowed the resumption of rotating strikes and the talks to come to their inevitable conclusion.

Instead they undermined the entire process. If a new supercentre was being built and they wanted to purchase your land and you refused their offer. You would not appreciate having your city counsellors come in and force you to sell your house, and at a lower amount then was originally offered. It would be wrong in that case, and it is wrong in what they did to the CP workers.

I don't expect you to ever change your opinion, but if you consider both sides equally and without a prejudice towards "evil" union workers, you would see where the Government over reached.
09:36 AM on 06/29/2011
Stupid donkeys. Henhhhhhh henhhhhhhhhhh henhhhhhhhhhhhhhh
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robertmiller252
09:27 AM on 06/29/2011
Why don't you give it up already losers.

I heard a Vice-President of the union on the radio. It is his intention to make life a living Hell for the management of Canada Post. Constant work-to-rule. Ongoing disruption of service.

Keep it up. Soon none of you will have a job when the Canadian public gets completely sick of you.
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mustardhead98
Professional Fine Artist
09:44 AM on 06/29/2011
So true! They're going to end up putting Canada Post out of business and bye bye jobs! Then maybe they can have a taste of what the real world is like!!! LOL!
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cameron d
Don't blame me, I voted Smitherman.
11:34 AM on 06/29/2011
I'm a mail receiving citizen of Toronto ON and I totally support the Union on this one.
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mustardhead98
Professional Fine Artist
08:36 AM on 06/29/2011
OMG Will you all just give it up. Be grateful you have jobs as good as you do.

The only people supporting you are other union members. The vast majority of Canadians do NOT support you as they struggle day to day just to pay their bills. Talk about out of touch!!!
09:30 AM on 06/29/2011
Please do not speak for me. I am not an employee, or a union member. I am happy to have my mail again; however, I think the government overreached in this case. Best of luck in the lawsuit, I think they have a pretty good case.
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mustardhead98
Professional Fine Artist
09:43 AM on 06/29/2011
I'm not speaking for you-I said the VAST majority of Canadians (including over 60% of NDP's themselves!) did not support this strike. Obviously you weren't as affected by this strike as many thousands of us were.

Also for us small business owners, it has nothing to do with "receiving mail" but everything to do with our businesses getting literally shut down because we can't afford to send our packages out via UPS or Purolator like the bigger corps can do. So my business can be destroyed, and thousands of others like mine, so they can get their way? Pleeze.

I stand by what I said-check out the polls-and again I say the unions are totally out of touch and the vast majority of Canadians did not support this strike during such hard times. And I'm glad the government did what they did. I'd support it again and again. I'm not much for politicians but kudos to Harper for actually doing what MOST Canadians wanted.
12:29 PM on 06/29/2011
You don't speak for me either, as a small business owner who supports the workers. I am happy they are fighting this and I hope other unions stand in solidarity with them.
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08:13 AM on 06/29/2011
It the first time I heard of a union complaining about the end of a lockout!
07:44 AM on 06/29/2011
Those employees of Canada Post who are grumbling at the back to work legislation should be thankful they have jobs and that they do not live in Greece, a country on the verge of bankruptcy. CUPW's ongoing whining is drawing more contempt than support. They need to get their heads out of the sand. db
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mustardhead98
Professional Fine Artist
08:37 AM on 06/29/2011
I Totally Agree!!
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Guy Incognito
Canadian. Sorry.
03:34 PM on 06/29/2011
Agreed. If they couldn't come to an agreement after, how long?, then the gov't has a duty to get them back to work. The two sides are cutting small businesses, the people who need them to survive, off at the knees. After a while, it is about the economy, stupid.

Here in Saskatchewan, every possible labour union has been going on strike to try the patience of the provincial conservative leadership, during what is essentially an election year. The New Democratic party is so tied to unions - actually, for my money, the most radical union leaders are the ones who control the NDP. Due to flooding in the provinces southeast, the union for the department overseeing crop insurance saw this as a golden opportunity to stick it to the goverment by stopping claims for farmers devastated by flooding, still trying to recover from the effects of last year, and being overwhelmed by the worst spring rainfall in decades. Teachers, health sciences, Cancer agency, and crop insurance...and the summer has onlly just begun. Unions are not winning any public support here.
05:45 PM on 06/29/2011
Most unions are so self-serving that they have lost sight of the big picture with the union executive more concerned about their own jobs than they are about those they claim to represent. From my perspective, most unions have outlived the purpose for which they were created and have become a liabilty rather than an asset. db