The Settlement versus CPC’s July 19th Position

October 12, 2012  –  16:00

Urban Postal Unit Negotiations (2011) / Bulletin

Negotiations Bulletin no. 112

The terms of the current settlement include several negative changes.

So why is the National Executive Board recommending that the members vote yes? It’s plain: we believe the settlement is vastly superior to what we could expect to come out of the Final Offer Selection arbitration process. We believe Canada Post’s final offer would resemble what they proposed on July 19, 2011 — or worse. Let’s compare them:

 

Current Settlement

 

CPC’s July 19, 2012 Proposal

 

Pension (current employees)

No change in pension for current employees. Change in the early retirement provisions for all future service for current employees.
Continues as a defined benefit plan with early retirement at 55 years of age and 30 years of service. Future service to provide penalty for retiring before 60 years of age and 30 years of service.
Maintain full indexing. Many employees would have to work additional years to obtain unreduced pension.

Pension (future employees)

A defined benefit pension plan with no penalty at 60 years of age and 30 years of service. Fully indexed. A defined contribution pension plan with no guarantee of pension payout.
Members can calculate their benefits. Employer to contribute 3.0 – 6.0%.

Retail Counters

Must keep 493 retail postal counters open. CPC to have the right to close all retail postal counters staffed by CUPW members.

Post-Retirement Benefits

Maintain current EHCP benefit plan but increase employee share of the premiums to 35%. Replace post-retirement benefit plan with health care spending account.

Contracting Out of Video Encoding Systems

No contracting out. CPC to have the right to contract out.

Vacation Leave (employees hired after January 31, 2011)

No change:

  1. 4 weeks after 7 years,
  2. 5 weeks after 14 years,
  3. 6 weeks after 21 years, and
  4. 7 weeks after 28 years.

Reduced benefits:

  1. 4 weeks after 10 years,
  2. 5 weeks after 18 years,
  3. 6 weeks after 28 years, and
  4. no provision for 7 weeks.

Paid Meal Period (future employees)

Paid meal period. No paid meal period.
Paid for 37.5 hours per week.

Job Security (Current Employees)

Employees hired before or on the date of signing of the collective agreement to have full job security and 40 kilometre protection. Employees hired after the January 31, 2011 to have no job security until 5 years of service and 40 kilometre protection after 10 years of service.

Job Security (New Employees)

Employees hired after the date of signing to have nationwide job security and 40 kilometre protection after 5 years of service. Employees hired after the date of signing to have no job security until 5 years of service and 40 kilometre protection after 10 years of service.

Wages (New Employees)

$19.00 starting rate. $17.50 starting rate.

Wash-up Time

Elimination of one wash-up time at the end of shift. Elimination of both five-minute wash-up times.

 

The Heavily Biased Mandate of the Arbitrator

In Final Offer Selection arbitration each side submits an offer to the arbitrator. The arbitrator must choose one or the other in its entirety — all or nothing. The arbitrator has no power to compromise on any issue.

When appointed, the arbitrator must agree to be bound by the mandate which was included in Bill C-6, the back-to-work legislation. Both the CUPW and the opposition parties strongly criticized the mandate as being very heavily biased in favour of the employer. What did we mean by that?

Considering a) the very large deficit of the pension plan, b) the fact that CPC is losing money again this year, c) the fact that volumes are dropping, and d) that the terms and conditions previously negotiated by CUPW are very favourable when compared to other postal and courier companies, we conclude that the mandate of the arbitrator is very heavily weighted against the union.

On top of this, the arbitrator would be one appointed by Conservative Labour Minister Lisa Raitt.

Thus we believe that the arbitrator would be bound to impose provisions much worse than the settlement you are being asked to ratify.

Here are the terms of the mandate — judge for yourself:

What the Law Says

Under the law the arbitrator must be guided by the need for terms and conditions of employment that:

  • are consistent with those in comparable postal Industries

  • provide the necessary degree of flexibility to ensure the short- and long-term economic viability and competitiveness of the Canada Post Corporation, and to ensure the sustainability of its pension plan.

The arbitrator must also take into account:

  • that the solvency ratio of the pension plan must not decline as a direct result of the new collective agreement,

  • that the Canada Post Corporation must, without recourse to undue increases in postal rates, operate efficiently, improve productivity and meet acceptable standards of service.

These are very special circumstances with great future consequences for refusing or adopting this tentative agreement. Because of all of this, the NEB believed the settlement must be put to a membership vote. It is your right to decide.

The struggle continues.

In solidarity,

Denis Lemelin
National President and Chief Negotiator

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