With Arbitrator MacPherson coming down with her decision on the Urban and the RSMC contracts, we wanted to explain the changes to the Short Term Disability Plan (STDP) and to Workers’ Compensation for an Injury on Duty (IOD).
Short Term Disability Plan
We had many demands on the STDP such as the unlimited ability to carryover Personal Days and an increase in STDP payment that were rejected by the Arbitrator, but we were able to achieve some improvements.
Comments
Canada Post fought against our demand that approval for STDP be based solely on medical reasons. In addition, only the Case Manager, the Union or the employee should have communicated with the Independent Medical Physician (IMP). During STDP appeals we discovered that CPC was including in the employee’s medical file, inappropriate comments. We saw comments such as the employee was lazy, other employees did not like the employee claiming STDP and the employee was a union radical. None of these comments justified not approving the members claim and CPC said in front of Arbitrator MacPherson that they were inappropriate, yet they continued to provide these types of comments to the IMP. Arbitrator MacPherson ruled that this practice must now cease.
10% Recovery of Overpayment
When an employee is on STDP for 16 weeks, they must apply for Employment Insurance (EI). Canada Post continues paying the employee 70% of their wages while waiting for the employee to receive the money from EI. By continuing the payment, this ensures that the employee is still receiving at least 70% of their wage, as there can be a delay in receiving money from EI.
The problem arose because CPC was clawing back 100% of the employee’s pay until all of the overpayment was recovered. Many employees had to go several weeks without receiving pay.
Arbitrator MacPherson has now included in both contracts that the recovery of the overpayment for the EI portion cannot exceed 10% of the employees pay, until the entire amount is recovered.
Note: As long as the Canadian Emergency Relief Benefit (CERB) program continues, you will not be required to apply for EI benefits. Canada Post will continue paying 70% of your wages for the duration of your claim.
Mental Illness
We had a demand for time limits to be waived for the STDP if the employee was suffering from mental illness. During negotiations, Canada Post informed us that they did have a policy about waiving time limits when an employee was suffering from mental illness. We said great, let’s put it in the agreements so that members would know about it. CPC said no.
The contracts will now include the waiving of STDP time limits on the basis of an objective medical diagnosis if the employee doesn’t have a support network authorized to assist the employee throughout the process.
Workers Compensation/Injury on Duty
In this round of bargaining we had two demands in regards to Workers Compensation/ Injury on Duty (IOD). We wanted to increase the rate that employees received while on approved IOD and we wanted the RSMCs to have the same plan as the Urban members.
Dismissed
Arbitrator MacPherson dismissed our demand for an increase in pay for IOD, citing that the overall wage and benefit package for the “Urban bargaining unit is already better than most federally regulated employers and is significantly better than CPC’s competitors.”
Shocked
During negotiations, CPC’s response to our demand that IOD be payed directly by CPC was “no”. It was not until management representative Leah Lewis testified in front of Arbitrator MacPherson, we heard the real reason why CPC did not want RSMCs to have the same plan as Urban. They wanted Urban to have the same plan as RSMCs. Not once did they say this in bargaining!
The Plan and the Change
Under the former collective agreement, RSMCs who were injured at work had to wait for the Workers’ Compensation Board to adjudicate their claim and issue a cheque. Many had to wait months before receiving any money. Canada Post wanted this for the Urban as well.
Now an RSMC who is awaiting a decision by the Worker’s Compensation Board will be on Injury on Duty Pending leave and will receive 70% of their pay by CPC. Once approved for their injury, RSMCs will receive 75% of their pay from CPC. This applies for Route Holders and Permanent Relief.
Permanent Relief
Earnings for Permanent Relief Employees (PREs) will be based on an average of his or her weekly earnings for the 52 week period prior to their injury. If the PRE has less than 52 weeks of service, it will be based on their average earnings during their period of employment.
Questions
Should you have any questions on the process, please contact your shop steward or your Local.
In Solidarity,
Carl Girouard
National Grievance Officer
2019/2023 Bulletin # 163