Since the arbitrator did not issue a cease-and-desist order (similar to an injunction) as per our application regarding Canada Post Corporation's vaccination practice, the next step is for an arbitrator to hear the merit of the case by way of priority.
How the Federal Vaccine Mandate Will Affect Canada Post Workplaces
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Vaccine Mandate to be Suspended effective July 6th, 2022
This message is for reporting purposes only and does not constitute an agreement of CUPW on CPC’s position on the matter.
Canada Post has confirmed that its vaccination “practice” will be suspended as of July 6, 2022 but that it could be reintroduced if circumstances change. CPC has also confirmed that members who were placed on leave without pay because of the practice can return to work on July 6th, 2022.
The impacted employees should have already received an automated call and a letter confirming this.
Further to that, team leaders are expected to contact the impacted employees by phone prior to July 6th to discuss their return to work plans. You have the right to request union representation for that discussion.
CPC is taking the position that Employees will be entitled to request further leave without pay up and until September 6th, 2022 or other paid leaves provided for in the Collective agreement. For example, this would permit employees who have found other temporary employment to give proper notice.
Our position continues to be that members should have been allowed to return to work as soon as possible. CPC has refused our demand to pay members who were put on leave without pay due to the vaccination “practice” as of June 20th, 2022 alleging that the Government had given them some flexibility on the subject. We are currently reviewing options with legal counsel and assessing reasons given by CPC for the delay.
Changes to COVID-19 Health and Safety Measures
As of July 4, 2022, Canada Post will be suspending physical distancing requirements and removing signage in its facilities. To encourage physical distancing, the floor markers and plastic barriers will remain in place. In addition, the protective barriers installed during the pandemic will also remain in facilities currently using them.
We still encourage members to wear masks and practice physical distancing where possible.
Health and Safety measures that remain in place include:
- Self-screening for COVID-19 symptoms is still required before you go to work.
- Isolation of confirmed or presumed positive cases as per Public Health requirements
- Enhanced Health and Safety protocols such as mandatory masks, physical distancing and rapid testing in locations and areas that show a high positivity rate.
- Five (5) days of quarantine leave for confirmed or presumed positive cases that are required to isolate.
- Employees returning to work after an isolation period will be expected to wear a CPC provided medical mask (level 2) for an additional five (5) days in the workplace
- Hand sanitizer and cleaning products remain available in all facilities
Arbitrator Dismisses the Grievance Against Canada Post’s Mandatory Vaccination Practice
On Thursday, April 28, Arbitrator Joliffe rendered his decision on CUPW’s National Grievance against Canada Post’s mandatory vaccination practice. The Arbitrator ruled against CUPW and dismissed the national grievance.
In his decision, which we are currently analyzing, the Arbitrator expressed that CPC’s vaccination practice “has been and continues to be a reasonable exercise of management rights and responsibilities under the collective agreement and pursuant to its obligations under the Canada Labour Code.”
In his decision, Arbitrator Joliffe noted that the Union, in exercising our representational responsibilities, was never in agreement with the practice in its current form...
Updates to Quarantine and Isolation Periods at Canada Post
As of March 24, 2022, Canada Post has changed the duration of quarantine leave and isolation periods for its COVID-19 protocols for most circumstances. In all scenarios, members should continue to update their supervisor.
Close Contact and Quarantine
For members who have had close contact with someone who is confirmed to have COVID-19, the quarantine period is now zero (0) days. Members may consult with a local public health authority to determine if there are alternative quarantine measures they must take. Otherwise, members are expected to report to work.
Isolation for COVID-19 Positive or Symptomatic Cases
For members who have tested positive for COVID-19 or who have symptoms and are presumed positive, the isolation period is now five (5) days.
Directives from Local Public Health Authorities
Some local public health authorities may advise alterative measures and/or longer durations for quarantine or isolation leave. Members may contact their local public health authority to find out if there are differences, as Canada Post is supposed to comply with directives from local public health authorities.
COVID-19 Illnesses Greater than Five (5) Days in Length
In cases where COVID-19 symptoms or fever persist beyond the Canada Post isolation period, members can contact their local public health authority to determine if an extension is required. Otherwise, for durations longer than five (5) days, but seven (7) calendar days or less, members can use their personal days. If the duration is greater than seven (7) calendar days, members should use the Short-Term Disability Plan (STDP).
Returning to Work
According to Canada Post, you can return to work after your quarantine or isolation period is complete and symptoms are improving, with no sign of fever for 24 hours.
Latest Updates
Wednesday December 8 2021
All members actively at work were required to attest to vaccination status by November 26 or be placed on leave without pay. This is an update for those who did attest. Canada Post Corporation has established a national safety audit and compliance team to perform random spot-checks. You may be contacted and asked for proof of the status you attested to.
Friday December 3 2021
This is a follow-up from our bulletin dated November 25 announcing that our Cease and Desist application against Canada Post’s mandatory vaccination practice was denied. As per the jurisprudence, in order for a Cease and Desist to be granted, the Union must meet all of the five (5) criteria specified in clause 9.93 of the Urban collective agreement.
Thursday November 25 2021
Arbitrator Burkett did not grant the cease and desist order against Canada Post’s vaccination practice. Due to the short timeline in the implementation of the practice, the arbitrator advised the parties of his decision, and will send his reasoning and the full decision at a later date.
Wednesday November 24 2021
CUPW’s arbitration hearing against Canada Post’s vaccination practice was held today.
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Disclaimer
We are sharing the best available information we can find and updating it whenever possible, and without delay. Thus, while we are disseminating this information, please be aware that not everything we’re sharing here has been thoroughly vetted by the union, nor does it necessarily represent CUPW’s beliefs or positions.
ATTESTATION SYSTEM – AUDIT PROCESS
Canada Post Corporation is requiring proof of vaccination – such as Government issued printed or electronic vaccination records. CPC’s national audit team is spot-checking members for proof of the vaccination status they attested to. Alleged breach of the Practice could lead to discipline, and we recommend that you involve a Union Representative in the process. You have a right to Union representation on any subject pertaining to your working conditions.
ATTESTATION SYSTEM – PARTIALLY VACCINATED
Members who have attested using CPC’s phone system as partially vaccinated have until January 29 to attest as fully vaccinated – i.e., as defined when the practice took effect: two weeks after a second dose of a COVID-19 vaccine. Members who don’t attest as fully vaccinated at the toll-free number by January 29 will be placed on leave without pay starting January 30.
