Canadian Union of Postal Workers

Canadian Union of Postal Workers

Role or Position

The Canadian Union of Postal Workers (CUPW) is a democratic public sector trade union with around 54,000 members. CUPW represents postal workers employed at Canada Post as well as private sector workers. It was created in 1965 out of the Canadian Postal Employees Association.

What Happened

After negotiations to renew their collective bargaining agreement failed, CUPW members were locked out and eventually forced back to work through special legislation. The concessions that postal workers were obliged to accept were less than those offered by their employers, leading some members of the opposition to qualify the legislation as an “unfair clawback scheme.” Throughout the labour dispute, CUPW union leaders had repeatedly expressed their concern at the way management hampered their right to negotiate and the way it penalized its members for exercising their right to strike.


Since its creation in 1965, CUPW has been involved in approximately 19 major labour disputes covering a multitude of topics, and has advanced a number of key labour-related issues over the years. Most notably, the “wildcat” strike of 1965 was instrumental in obtaining collective bargaining rights for Canadian civil servants. Another noteworthy accomplishment was paid maternity leave for members in 1981, making CUPW the first national union to win this right. However, since the late 80’s, the union’s efforts to safeguard worker rights have been severely curtailed by a series of laws, culminating with the most restrictive to date: Bill C-6.

The beginning of the current labour dispute can be traced back to October 2007. The urban postal worker’s contract was set to expire shortly thereafter. Lisa Raitt, the Conservative Labour Minister, appointed Jacques Lessard to act as conciliator between CUPW and Canada Post Corporation (Canada Post).

Lessard’s appointment not only marked the beginning of official negotiations; it also represented the start of an 81-day period, at the end of which, either party reserved the right to strike or lockout if negotiations failed. CUPW’s collective agreement expired on January 31st 2011, without an agreement being reached.

One of the main points of disagreement was Canada Post’s insistence on creating a new “two-tier system of employees.” Under such a scheme, all new employees would earn 30 per cent less, would receive reduced benefits, a watered-downed pension and weaker job security.

More specifically, Canada Post was pushing to change the collective agreement so that all future employees would also be paid at a significantly lower rate, and would be required to work for seven years in order to receive the same salary as current staff. Furthermore, recently hired employees would have to work longer before being entitled to an increase in vacation leave, and would have an inferior pension plan as compared to existing employees.

Canada Post also planned to replace the traditional approach of building up sick days with a model based on a short-term disability system would be administered by a third party, which would hold administrative powers such as deciding when union members get to use their benefits and how much time off they can take from work.

On April 18th 2011, 94.5 per cent of CUPW’s voting members expressed their support for a strike mandate if necessary. The voting represented the largest turnout and strongest mandate in CUPW history.

With little to no progress being made at the negotiating table, and after giving Canada Post the required 72-hour notice on May 30th, CUPW called upon its members to exercise a legal rotating strike designed to prevent disruption of service in any given city for extended periods. In response, Canada Post declared that it would no longer respect the collective agreement, thus suspending vacation leave and health benefits (including drug coverage for those on sick leave and disability insurance).

On June 2nd, 2011, CUPW members in Winnipeg and Hamilton began to strike - the first strike to affect Canada Post in 14 years. The two sides had agreed to have CUPW volunteers deliver Canada Pension Plan, Old Age Security and Child Benefits in the event of a strike.

On June 10th, the union agreed to suspend strike activity and continue to negotiate: it proposed to go back to work under the previous collective agreement. Canada Post refused.

Then, four days later, Canada Post locked out its workers. According to Canada Post, the lockout was the best way to resolve the conflict and to make CUPW seriously consider proposals that address the declining mail volumes and the pension deficit.

On June 20th, the union and management agreed to go back to the negotiating table. But just hours later, the Harper government tabled back-to-work legislation - Bill C-6.

During the negotiating process, the federal government had been reluctant to get involved in the postal dispute. New Democrat MP Anne Minh-Thu Quach accused the government of remaining passive in order to force a lockout and subsequently introduce harsh back-to-work legislation. CUPW president Denis Lemelin also accused the Conservatives government of holding Canadian mail hostage.

For its part, the Conservative government has repeatedly claimed that its actions were aimed at protecting the well-being of the Canadian economy. In a speech to the Commons, Prime Minister Harper expressed his concern over the labour dispute, stating that the impasse in negotiations threatened to jeopardize economic recovery.

CUPW continues to oppose changes to its sick leave entitlement, vacation leave and pension program.

 

Relevant Dates

  • January 31, 2011: CUPW’s collective agreement expires.
  • April 18, 2011: Union members vote overwhelmingly for a strike mandate.
  • June 2, 2011: CUPW begins legal, rotating strikes in Winnipeg and Hamilton.
  • June 10, 2011. CUPW agrees to suspend strike activity if its members go back to work under the previous collective agreement. Canada Post rejects the offer.
  • June 14, 2011: Canada Post announces a lockout, causing complete disruption in postal services.
  • June 20, 2011: The Conservative government introduces back-to-work legislation.
  • June 27, 2011: With the enactment of Bill C-6, work stoppage ends and postal workers are forced to go back to work.

 

Implications and Consequences

  • Democracy: The right to collective bargaining is guaranteed under section 2(d) of the Canadian Charter of Rights and Freedoms has been upheld by the courts time and time again. Government interference not only undermines the procedural right to collective bargaining, but also threatens to become a dangerous precedent in dealing with future labour disputes.
  • Democracy: Bill C-6 puts serious restrictions on the ability of the arbitrator to make decisions in creating the new collective agreement. Rather than giving the arbitrator the freedom to decide which methods of mediation are most suitable, parties are being forced to follow criteria dictated by the Conservative government. Enacting a bill to force the resumption of postal services and impose a final offer selection process should be regarded as undemocratic and coercive. It goes directly against our tradition of resolving labour disputes in a fair and democratic manner.
  • Equality: The government’s back-to-work legislation forced locked-out employees to work in conditions they argue are unfair. The company’s concerns were more than addressed. This imposed ‘solution’ violates the government’s responsibility to treat all citizens equally. The government has no business taking sides in labour disputes, or punishing workers who have been locked out for expressing their views to management and the public.
  • Equality: The proposed changes by Canada Post to working conditions would effectively create two classes of employees: new employees will receive inferior wages and benefits in contrast to CUPW workers hired prior to the dispute. Such labour policies inevitably lead to social and economic inequality. For the government to enforce an even more austere plan on workers - and on workers already locked out of their jobs, disregards the value of equality for all Canadians.
  • Transparency: Bill-C6 is formulated to include a number of detailed outcomes, the manner in which they must be reached, and a section that stipulates that postal workers should receive lower wages than Canada Post was offering during negotiations. In essence, Bill C-6 reflects the opposition’s belief that the Conservative government was never interested in resolving the dispute through conventional means. Instead, it encouraged an outcome characterized by employer-friendly conditions.

 

Photo: The Canadian Press / Adrian Wyld