After two days of talks aimed at paving the way for binding arbitration, it’s still not clear if Canada Post and the union representing its 55,000 employees are any closer to ending the labour dispute which led to a 32-day strike last year.
The federal government is still pondering the Crown corporation’s request to order a vote on its “final” contract offer.
Neither the Crown corporation nor the Canadian Union of Postal Workers replied to a request for comment on the contract talks which began Thursday.
Friday evening, a spokesperson for federal Jobs Minister Patty Hajdu said she was still considering Canada Post’s request, but made it clear that’s not the government’s preferred path.
“Under the Code, the Minister may order a vote to be held. Her office is still reviewing (the request), however, the best deals are made between the two parties and we are encouraging that,” the spokesperson said in a written statement.
The talks on Thursday and Friday came after Hajdu suggested the two sides work on a dual track: Direct negotiations aimed at securing a new contract, and also discussions aimed at narrowing the issues an arbitrator would deal with, as well as the criteria to be used in arbitration.
Labour relations experts said it’s clear the Crown corporation feels it has an advantage right now, thanks partly to a crucial report from veteran mediator William Kaplan, who last month published the findings of his Industrial Inquiry Commission.
“CUPW’s strategy lately has been one of delaying, and Canada Post’s has been trying to get it done sooner rather than later,” said York University labour professor Steven Tufts.
While forcing a final vote could backfire and see workers rejecting the final contract offer, it would likely hurt union solidarity, even if it’s voted down, Tufts argued.
“Canada Post for some reason smells a little blood in the water, and they think their final offer might be good enough to at least create more division in the union,” Tufts said.
And, Tufts argued, the company likely suspects the union might not be able to sustain a full-blown strike if they started walking the picket lines again.
“I think they could mobilize a strike, but the question is for how long,” Tufts said.
The report from Kaplan gave Canada Post negotiators added negotiating leverage, said Brock University labour studies professor Larry Savage.
“Canada Post clearly has the upper hand at the bargaining table,” Savage said. “That explains why the union is seeking binding arbitration and why the Corporation is dismissing that route to a settlement.”
Arbitration is also a far from ideal way for dealing with the kind of broader restructuring suggested in Kaplan’s report, Savage said.
“Binding arbitration is not well-equipped to deal with the structural issues identified by the Industrial Inquiry Commission, so I’m sure it’s a Band-Aid solution, at best, from the perspective of the federal government,” Savage said.
Last weekend, Canada Post rejected the union’s request for binding arbitration, saying it would take too long, and could exacerbate their financial struggles.
On May 28, Canada Post made what it called its “final” contract offer, which includes a 13 per cent wage increase spread over four years, as well as a $1,000 signing bonus. Two days later, it asked Hajdu to order a vote on the offer, a request blasted by CUPW.
On Tuesday, CUPW filed a complaint with the Canada Industrial Relations Board accusing the Crown corporation of doing an end-run around the union to negotiate directly with workers and “purposefully trying to discredit the reputation of the union.”
The complaint also asks the Canada Industrial Relations Board to order “damages” be paid to the union.
The Crown corporation said it had every right to communicate with its workers, and said it will fight the complaint.
CUPW members have been in a legal strike position since May 23, but their “strike action” has thus far been limited to a ban on overtime work.
Kaplan’s May 15 report said Canada Post was effectively insolvent, and suggested the use of community mailboxes, the elimination of home delivery except for parcels, and getting rid of some post office locations and replacing them with franchises.
Kaplan also suggested expanding parcel delivery to seven days a week, with the use of part-time and temporary employees.
