Canada Post, August 25, 2016, Strike Potential

[cumos55]

The Postal Union (CUPW), has been making regular reports with respect to the negotiations with Canada Post  (CPC).

The following information  is from CUPW’s report on its website as  of Friday, August 12

CUPW voted with the possibility of a strike at the end of June.  This option to strike lasts for 60 days.

The 60 day time period ends August 25….  Negotiations can continue if CPC agrees to do so by way of a written agreement.

If there is no agreement to continue negotiations  the union must declare a strike before the 60 days after the last strike vote ends.

The critical date is Thursday, August 25.  If there is going to be a legal strike…  the union must declare  so before August 25.

CUPW will give 72 hours notice of the beginning of a strike.

It is time to mark August 25 on our calendars….

[cumos55]

The following is CUPW's report from their website, and dated Friday, August 12, 2016

This report gives us a full understanding of the legality of the strike..... and CUPW's options...

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Labour Code And Strikes

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Friday August 12 2016

2015-2019/165

No 62

There have been many questions about how the Canada Labour Code applies to our current situation. As you know, we held a strike vote and that mandate is good for 60 days. Our 60-day period ends on August 25, 2016. What are our options at that point?

Excerpts From the Labour Code

87.3 (1)      Unless a lockout not prohibited by this Part has occurred, a trade union may not declare or authorize a strike unless it has, within the previous sixty days, or any longer period that may be agreed to in writing by the trade union and the employer, held a secret ballot vote among the employees in the unit and received the approval of the majority of the employees who voted.

strike  includes a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output; (grève)

Possibilities

Based on the provisions of the Canada Labour Code, there are three possible options available to us.

The parties could agree in writing to extend the 60-day period that the strike vote is valid for. This would allow negotiations to continue and we would retain our right to strike. Should CPC not agree to extend the period, then we may have no other choice than to issue a 72-hour notice of strike action on or before August 25, 2016.

If we do not use one of the above options by August 25th, then our strike vote mandate is no longer valid and we would have to hold another strike vote to have the ability to issue a 72-hour notice of strike action.

What We Want

We have been saying since the beginning of this round that we want to achieve negotiated collective agreements. We have also stated throughout this process that we do not want to go on strike. This position has not changed. Canada Post appears determined to force us into a corner so that we have to make a decision before August 25th. Our message to Canada Post is that it is time to settle this dispute without any kind of work disruption. We have less than two weeks until August 25th so now is the time to work with us to get new collective agreements. No one benefits from a service disruption so CPC needs to stop trying to cause one.

LET’S NEGOTIATE!

Sylvain Lapointe

Chief Negotiator, Urban Unit

George Floresco

Chief Negotiator, RSMC Unit

[rose-dee]

It isn't a good sign that after the first threat of stoppage by CPC (lockout), the parties still haven't managed to reach agreement.  This standoff could go on for months if the union takes another strike vote.  The two parties are playing a slow-moving chess game called "public opinion" -- sooner or later there has to be another move. 

I'll be closing my store again the moment a strike notice is issued, if it does come, because I have no option for shipping but CPC.  For me, a strike in September would be a real hardship, as Sept./Oct. are usually my best months of the year. 

Thanks for keeping us updated! 

[momcqueen]

Two words to solve this problem:

Binding. Arbitration.

[cumos55]

Canada Post can be declared an ... Essential Service... by the Government of Canada

and ....  there will be ....No strike ever again

Essential Service ... are ... two ...  better words....

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The Union is unhappy with CPC...... nothing big has been decided... specifically the Union's biggest concerns

and the Union assumes that the government... primarily the  Prime Minister .....is on their side

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The Government has to be careful as the Union took the last back to work order, with associated Binding Arbitration,  to court and won on several  problems.... in relation to Canada's constitution

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Negotiations are in the  eighth month of no settlement.... that is ... no contract..... and the Union is markedly unhappy.....

[lukey9]

There are 2 other words that will change every thing and that is Go Private. 

[jt-libra]

I have continued to ship with Canada Post since it was first announced that there could be a work stoppage.  I've had no problems and CP has met their delivery standards.

I was always of the opinion that each time Canada Post talked strike, they would permanently lose a lot of business to the alternate carriers that were being contracted with.  I'm not so sure anymore.

During the last couple of months, I've received parcels from a number of different carriers .... FedEx, CANPAR, UPS and Purolator.  I appreciate that companies want to ensure that their customers receive their orders, but it's been less than satisfactory, to say the least.

Purolator was the most ill equipped to deal with the increased business (I thought Canada Post had sold Purolator some years ago, but I believe they still hold a major share in the company).  I had placed a few orders with a major on-line department store and it was crazy.  On average, it took two weeks to receive these items.  When I checked their website, it indicated "arrived Toronto sorting center", day after day after day.  And then, bang, they're at my door one day with no warning (e.g. out for delivery) and if I wasn't home, it was a long drive to their building to pick it up.  Someone in the shipping business told me that in those early days, there were two Purolator semi-trucks sitting in Toronto filled with backlogged parcels (I don't know what the current situation is).  One item I had ordered never did arrive, even though the website showed "attempted delivery", followed by "not picked up; returned to sender".  After several e-mails and phone calls to the shipper, I finally received my refund six weeks later.

Finally, I sent a message to the retailer reminding them that Canada Post was still delivering parcels as usual and urged them to please choose someone other than Purolator if they were reluctant to use CP.  I noticed that, recently, they have gone back to Canada Post.

I'm sure every company that shipped with Purolator received their share of complaints from buyers and it's doubtful that they would ship with them permanently once the situation with Canada Post is settled.

I received a couple of parcels from CANPAR.  They were quite efficient but took twice as long as Canada Post.

UPS has always been reliable and did pick up some additional work.  However, Amazon, who used to ship almost exclusively with UPS, has had a cap placed on their shipments by UPS since, evidently, they receive only pennies per parcel. They are now shipping with FedEx and, occasionally, Canada Post.  There's FedEx Air and FedEx Ground and, while they are quicker than Purolator, it's difficult to know what time of day they come.  I live in an apartment block and I need to be home when parcels arrive since there is no place to leave them.  I have wasted many many days waiting for them to arrive.  Canada Post arrives at approximately the same time each day.

So, with the number of complaints that shippers must have experienced over the last couple of months, I would be surprised if they did not return to Canada Post once they have reached an agreement with their workers.  As far as I'm concerned, Canada Post, although expensive, is the most reliable source for shipping and delivery.

I'm no expert when it comes to labour disputes, but if CP is not overly concerned that they will lose a lot of their contracts, they really don't need to cave to the Union.  I know many Canada Post workers and when I've asked them about this situation, virtually all of them have said they didn't want a strike.  They've got mortgages, children, car payments, etc. and they simply can't afford to be off work for more than a week or two.  But the strike mandate was obtained, so obviously the majority did want it.

[fort2b]

if CUPW is serious about winning the public opinion contest then going on strike in the Fall ain't gonna do it.  A summer strike would have been bad enough but one in the busier Fall season...leading up to Christmas Season, isn't going to sit well with the public or the Gov't.  The Canadian economy is teetering right now and doesn't need a postal strike or lockout to make matters worse.

If CUPW's plan was to drag things out til the busier time of year, where they could really hold everyone to ransom, it's going to backfire big time on them, as they will find out when binding arb. is thrust upon them by the Gov't.  The Ontario Supreme Court ruling won't hold any sway against further Federal Gov't legislation..

Best bet is to keep negotiating, agree to disagree for now if necessary and try again next year, if need be..

Unhappy or not CUPW workers have good jobs and need to appreciate that and not try to throw their weight around. 

[reallynicestamps]

they didn't want a strike.  They've got mortgages, children, car payments, etc. and they simply can't afford to be off work for more than a week or two.  But the strike mandate was obtained, so obviously the majority did want it.

How old is the average CP worker I wonder? We mostly meet the younger carriers, while terminal and counter staff would tend to be older.

And an older worker is less likely to have the mortgage and other home-making expenses than a young family, as well as having some money in the bank. It would be easier for a 50 year old to manage through a month long strike than a 30 year old.

Just musing.

If I were really worried, I'd be closing down on August 22 as soon as I heard the results of the CUPW vote. But I'm barely recovered from the first panic.

Still, since I rarely use auctions, closing down for a day or a month is pretty easy for me. Click click click.

[momcqueen]

Hey jt, I had the same bad experience as you did with Purolator. Late by a week, sitting on the truck, arrived without warning and missed delivery so I had to drive across town to pick it up. Too late for the special occasion, I had bought already a new replacement gift and had to return the parcel to the retailer. It was a total fail.

[marnotom!]

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@mjwl2006 wrote:

Two words to solve this problem:

Binding. Arbitration.

---

Unfortunately, one of the reasons why this round of negotiations is as messy as they are is because of the hamfisted hash the Harper Conservatives made of binding arbitration and back to work legislation.

Binding arbitration tends to work best when it's an established part of the bargaining culture between the two parties, where the ground rules are set and clear and not pulled out of somebody's behind.  The shotgun/blunderbuss approaches used with Canada Post and CUPW in the past have resulted in a lot of unfinished business and even a finding that the arbitrators used were less than impartial.

Like it or not, we have a legally organized union with the legal right to negotiate a collective agreement with its employer.  It's unfortunate that these negotiations are taking place prior to and during a study into the future of Canada Post, as the results of that study would probably give a better sense for both parties as to the most feasible directions for negotiations, but it is what it is.

[marnotom!]

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@lukey9 wrote:

There are 2 other words that will change every thing and that is Go Private. 

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What would really change everything is a new CEO for Canada Post.  Unfortunately, he's so far refused to step down quietly.

[widgetc]

seems things are not going well...

https://www.thestar.com/business/2016/08/15/canada-post-talks-stall-as-strike-mandate-set-to-expire....

[tobyshitzu]

Dont see how a different CEO could change declining mail, a $7b pension deficit, being constrained by the LIb gov from maing necessary changes, and this absurdity from the union

"Hamilton said the union is still looking for $1 billion in demands and refusing to accept the company’s proposal to move new hires to a defined contribution pension plan, from a defined benefit plan."

[marnotom!]

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@toby**bleep**zu wrote:

Dont see how a different CEO could change declining mail, a $7b pension deficit, being constrained by the LIb gov from maing necessary changes, and this absurdity from the union.

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Not all CEOs have the same paucity of creative thinking skills or lack of willingness to work with its employees and shareholders to ensure the corporation's future viability.

[cumos55]

The public is unhappy with the uncertainty of whether or not there will be a strike....

People at a local postal outlet are constantly asking about the possibility of a strike.....

The next 10 days will be most interesting

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For me... The last 6 weeks have been a major clean up of inventory... new listings added to the store.....  lots of new... and great inventory found.......and a well deserved holiday.

I have not had a break .... vacation time... since the last strike ....

My living space has become clean(er) .... logical  and full of good inventory... got rid of a lot of ... no go.... inventory

Yet this uncertainty has been a painful experience......

[fort2b]

The Gov't cannot allow a strike or lockout.  Period.  The Postal System is a monopoly and an essential service.  As we saw a month ago, courier companies are both unwilling and unable to pick up the slack.  Their much higher prices aside, they were turning away new business because they simply cannot handle the extra load when Canada Post is not functioning.

So, there is no alternative to the Postal System, not even a much more expensive one.  Thus the Gov't will have to consider the needs of 33 million citizens over the needs of 50,000 postal employees and mandate back to work legislation, which is perfectly legal and constitutional.  They can then appoint an arbitrator and in time this whole situation will be resolved equitably.

Both sides are still very far apart.  CPC has made little concession and CUPW has made none.  Time for action from the Liberal Gov't whose campaign promised to protect and improve the Canadian economy.

[pierrelebel]

it’s important to take a look at the years of conflict that have informed it.

To do this, we’ll have to go back a few decades. Between 1965 and 1997 the company was involved in 19 strikes, lockouts and walkouts with various unions. If that sounds like a lot, it is—the company has a troubled history of labour relations. However, most of the disputes were relatively brief, and full-scale strikes rare. The most notable occurrences were the strike of 1975 (43 days) and that of 1978 (42 days.)

The most recent dispute was in 2011 and then, as now, it was between Canada Post and the Canadian Union of Postal Workers. June found the union engaged in rotating strikes in Winnipeg, Manitoba and Hamilton. This led Canada Post to announce a lockout of CUPW workers—the 20th in the company’s 46-year relationship with the union.

Eventually, the federal government passed back-to-work legislation, and mandated arbitration meant that a new agreement was signed between the two sides in 2012. That agreement expired on January 31, 2016, and the two sides have been in negotiations ever since.

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At this time, Canadian laws give postal employees the right to strike - as they have done many times in the last half century.  Canada Post has the right to lock them out as it has done many times in the past.

These employees are not currently considered "essential" nor is the postal service considered an "essential service".

If we want the federal government to change the laws, we will have to ask them.  However, think seriously about it.  Beware what you wish for.

Take a look at all members of society currently identified by law as "essential service".  Do they earn smaller salaries, have less benefits?  Not really.  Binding arbitration in Canada has resulted in a never ending escalation of salaries and benefits.

As a society, why would we want to consider the postal service as "essential" when we let our (much better paid) teachers go on strike?  Where are our priorities?

A postal strike is inconvenient but... with all due respect... the postal service does not compare to essential services such as the police force, firefighters, hospital/medical staff, doctors, etc....

[momcqueen]

Not all teachers strike. In Manitoba, public school teachers use binding arbitration to settle conflict.

[jt-libra]

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@pierrelebel wrote:

A postal strike is inconvenient but... with all due respect... the postal service does not compare to essential services such as the police force, firefighters, hospital/medical staff, doctors, etc....

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It's true that the Post Office is not as essential as the professions you name.  However, with seniors 65+ now making up almost 20% of the population, they should not be expected to live life electronically.  I would say that only 1 in 5 seniors I know are technologically savvy enough to use an iPad or smartphone to conduct most of their business.  Another 1 in 5 probably have limited knowledge ..... enough to receive and send a basic e-mail or view pictures of their grandchildren.

This demographic should not be ignored.  A reduced delivery schedule or the addition of more community boxes could reduce costs, but Trudeau has already nixed that plan.  Remember the uproar in the U.S. last year when the USPS wanted to stop Saturday delivery.  That didn't fly.  People, for the most part, don't want their postal system to change.