Canada Post and the union representing its 55,000 workers were back at the bargaining table Thursday, a day after the federal government urged both sides to start talking again amid growing expectations the bitter dispute could be headed for arbitration.
In a statement early Thursday afternoon, the Canadian Union of Postal Workers said it was resuming bargaining at the request of federal jobs minister Patty Hajdu.
“CUPW enters talks in good faith and expects Canada Post to do the same, with real proposals that address wages, working conditions, and good jobs,” CUPW’s statement said. “CUPW remains committed to achieving negotiated and ratifiable collective agreements that reflect the value and dedication of postal workers and expand services.”
As of 6 p.m. Thursday, a spokesperson for Canada Post said the two sides were still at the table in Ottawa, but declined to comment on the nature or tone of the conversations.
Earlier this week, the federal government urged both sides to reach a contract agreement at the bargaining table, but suggested they should also prepare for binding arbitration.
In a statement posted on X Wednesday, Hajdu said a negotiated settlement would be a better path to take, but if that doesn’t happen, binding arbitration is an option to end the dispute which already led to a 32-day strike last winter.
“I asked Canada Post and CUPW to return to the bargaining table with federal mediators to do two things: to seek to negotiate terms for an arbitration process to conclude this round of bargaining, and to have the union table its response to Canada Post’s last global offers,” Hajdu wrote.
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 Union is asking the CIRB to order Canada Post to stop this interference, level the playing field by giving the Union opportunity to rebut the employer’s misinformation on their platforms and order damages to the Union and members,” CUPW said in a statement posted on its website late Wednesday.
The union also accused Canada Post of using “alarmist” language to “intimidate and coerce” workers.
In a written statement Thursday morning, Canada Post said it had every right to communicate with its employees, and said it will fight the complaint.
“We reject the allegations made by CUPW in their entirety and we will respond in the proper forum,” Canada Post said. “In the meantime, we believe both parties should focus their energies on finding a timely and fair resolution to bring stability to the postal service, for our employees and customers.”
The complaint could pave the way for binding arbitration, something the union has been pushing for, suggested labour law professor David J. Doorey.
“The complaint could further CUPW’s goal of getting the dispute referred to arbitration,” said Doorey, a professor at York University’s Osgoode Hall law school. “If bargaining breaks down and the parties start accusing one another of unlawful conduct, the likelihood that the government will resort to ordering arbitration probably increases.”
While the law prohibits employers from negotiating directly with their unionized workers, Doorey said it’s not always an open and shut case.
“If that has happened, it is a pretty straightforward violation of labour laws,” said Doorey. “However, it gets more fuzzy if the employer claims it is just repeating information already discussed with the union. So it would take some time to sort out those facts.”
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.
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.
A report from veteran mediator and arbitrator William Kaplan on May 15 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, whose report was done as part of an Industrial Inquiry Commission ordered by then-labour minister Steven MacKinnon last year, also suggested expanding parcel delivery to seven days a week, with the use of part-time and temporary employees.
