MSC “Delay” of Mail 5-day Suspension – Reinstated

December 1st was a sweet day for all MSCs, but especially for an MSC driver who works out of the VPDC.

In July 2011 the Grievor was working on a schedule that consists of driving a 5 ton truck back and forth between the VPDC and the VMPP. There is another schedule that drives in the opposite direction between the two plants, and together these two schedules make up what is known as the interplant shuttle.

While working on the interplant shuttle, the Grievor was accused of a delay of mail and given a 5 day suspension after a truck full of mail intended for the VPDC mistakenly ended up at the VMPP, and allegedly missed the highway services shuttle to Kelowna.

The interplant shuttle uses a minimum of four trucks that are shared between the two schedules throughout the day, and there has been a very poor system in place for tracking who is driving what vehicle at any given time. This was just one of many problems with the interplant schedule that became evident while preparing to take this case in front of an arbitrator.

Had the arbitrator come to the conclusion that she felt there was enough evidence to support Canada Post’s delay of mail charge against the Grievor, we were relying upon mitigating factors to lessen the discipline. At the time of the incident, the MSC schedule the Grievor was covering was a very demanding schedule with insufficient time for thorough pre-trip inspections on each of the vehicles used. Witnesses were prepared to testify that they themselves had been very rushed on the schedule; they often had no time for breaks, mail was poorly identified, timelines were extremely tight, and schedules were not followed. Human error would be inevitable under these circumstances.

When Canada Post representatives began making overtures to settle the case at the onset of the arbitration hearing, we stood firm. The only settlement the Union would accept was the 5 days the MSC was suspended for to be paid back to her, and the removal of the delay of mail charge from her file. We maintained our position, and rather than putting the case in front of Arbitrator Korbin, Canada Post decided to rescind the 5 days suspension and remove the letter from her file.

My deepest admiration goes out to the Grievor and the two MSCs who were at the arbitration and ready to testify in her defence. That is what solidarity looks like.

Seasons Greetings,

Wendy Lund
Grievance Offier