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May 30, 2011
Bulletin No. 53YOUR RIGHTS UNDER THE CANADA LABOUR CODE
CUPW has served the 72-hour strike notice
required under the Canada Labour Code.
Canada Post’s response was to inform
CUPW that the terms and conditions have
changed for Urban Operations members.
According to CPC the Urban Operations
Collective Agreement will no longer be in
full force and effect, and therefore members
including temporary workers, will be
covered by the Canada Labour Code. We
have notified CPC that we disagree with
their position and believe the collective
agreement continues to apply. However
members should know their rights under the
Code.
The Canada Labour Code contains the
following rights:
Hours of Work:
The definition of a workday and work week is the same as the
collective agreement 8 hours a day and
40 hours per week. Hours worked in excess
of 40 hours per week shall be paid at a rate
of not less than one and one-half times the
regular rate of pay. No employee shall be
required to work more than 48 hours per
week.
Days of Rest
: The Canada Labour Codeprovides for at least one full day of rest per
week.
Dismissal/ Termination of Employment
:CPC can terminate you for just cause,
without notice. If this happens you will
need to file a grievance and talk with your
Local union representative about other
options. One of these options is to file a
complaint to Labour Canada under
Section 240 of the Canada Labour Code
for unjust dismissal. Your Local will assist
you with the filing of a complaint.
Sick Leave
: The Canada Labour Codeprovides protection against dismissal, layoff
or suspension because of an absence
due to illness or injury. You are protected
for absences not exceeding 12 weeks. The
Employer will require you to provide a
medical certificate after you have returned
to work.
Layoffs:
Under the Canada Labour Codeyou could be laid off due to lack of work. If
this happens, please contact a member of
your Local Executive who will contact
strike headquarters immediately.
Bulletin no 425 2
May 30, 2011
Sexual Harassment:
It is prohibited underthe Canada Labour Code. Other forms of
discrimination are prohibited by the
Canadian Human Rights Act.
Health and Safety
: You have the right toknow about known or foreseeable hazards
in the work place and to be provided with
the information, instruction, training and
supervision necessary to protect your health
and safety.
Right to refuse
: You have the right torefuse dangerous work if you have
reasonable cause to believe that the use or
operation of a machine or thing presents a
danger to you or a co-worker; or that a
condition exists at work that presents a
danger to him or herself. In order to be
protected by the Code when exercising this
right, you must follow the proper
procedure. Please talk to your shop steward
or health and safety representative about the
procedure.
Reporting pay
: The employer shall pay aminimum of 3 hours of regular pay to any
employee reporting to work, at the request
of the employer, even if there is no work to
perform.
Statutory holidays
: Employees are entitledto 9 paid statutory holidays per year; the
next statutory holiday will be Canada Day.
Bereavement leave
: When a member ofyour immediate family dies, you are
entitled to paid leave for any scheduled
working day that falls within the three-day
period immediately following the day when
the death occurred.
Maternity Leave
: You are entitled to up to17 weeks of maternity leave if you have
completed six consecutive months of
continuous employment. You can take this
leave any time during the period that begins
11 weeks before the expected date of
delivery and ends 17 weeks after the actual
delivery date.
Parental leave
: Up to 37 weeks that can beshared between parents.
Compassionate care leave
: Up to 8 weeks.CUPW is advising all Urban Operations
bargaining unit members to continue to file
grievances for violations of the Collective
Agreement as if it were in effect.
The RSMC Collective Agreement will
continue to be in full force and effect.
It is important that we understand our rights
under the Canada Labour Code. If there is
something that you are unsure of, contact
your local union.
As the employer provokes members on the
work floor, it is essential that we stand
together and exhibit discipline. Don’t take
the employer’s “bait”.
The struggle continues.
Denis Lemelin
National President and Chief Negotiator
2008-2011 - Bulletin No. 425
You can get negotiations bulletins as soon as they go
out by signing up for the eDigest: cupw.ca/edigest
dn cope225
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January 2011 Updates
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