On May 11, 2012 the Federal Court of Canada ordered a stay of proceedings in the final offer interest arbitration for urban postal workers. Federal Court, Judge François Lemieux, ordered the arbitrator, Guy Dufort, to stay the interest arbitration proceedings until the Federal Court has rendered its final decision on CUPW’s application for judicial review of Labour Minister Raitt’s appointment of Dufort. CUPW is challenging the appointment on the basis that he is involved with the Federal Conservative Party and that he had been previously employed by Canada Post for several years and was heavily involved in the PSAC/CPC pay equity case. The judicial review is scheduled to be heard by the Federal Court on July 25, 2012.

Below you will see a translation of the order from Judge Lemieux:

Order

THE COURT ORDERS that the Union’s application be granted, namely:

1. That the arbitration set in the legislation be temporarily suspended until a final decision is rendered;

2. That Mr. Guy Dufort stay the interest arbitration proceedings, take no action and make no decision as final offer selection arbitrator until the Court has rendered its final decision on the Union’s application for judicial review now before the Court;

3. That the Union’s right to seek any additional redress be reserved;

4. That the application for judicial review be heard for one day in Montreal on Wednesday, July 25, 2012, at 9:30 a.m., at the court’s local office;

5. That the judicial review be a specially managed proceeding;

6. Cost to follow.

« François Lemieux »
Judge

Negotiations are the Answer

The decision of the Federal Court to stay the arbitration proceedings until our case is heard is another legal victory for CUPW. However the real solution lies in a negotiated settlement not an imposed arbitration. Going the arbitration route is likely to take many months and cost hundreds of thousands of dollars. Since the party that loses will likely try to regain what they have lost in the next round of negotiations, the whole arbitration process will solve nothing. Instead of relying on third parties, Canada Post management should assume their responsibilities and return to the bargaining table to negotiate a collective agreement that meets the needs of postal workers and the public.

The Union’s negotiating committee has met with representatives of Dynamex on five occasions: August 17 & 18, 2011; October 12 & 13, 2011; November 23 & 24, 2011; April 3 & 4, 2012; and April 16, 2012.

At our meeting on April 4, 2012, the union provided the company a revised monetary proposal in response to the company’s request for the union to address the “elephant in the room” (HRSDC complaints).  Based on the response from Dynamex and the fact that they agreed to meet again in two weeks’ time, it appeared they were receptive to our proposal.  We were mistaken.