Effect given to the recommendations of the committee and the Governing Body - Report No 370, October 2013

Case No 2848 (Canada) - Complaint date: 30-MAR-11 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 31. The Committee last examined this case at its June 2012 meeting [see 364th Report, paras 391–431]. On that occasion, the Committee made the following recommendations:
   • (a) The Committee requests the Government to rapidly take all necessary measures, including legislative reforms, in consultation with the social partners, to ensure that all mail contractors of the Canada Post Corporation (CPC) fully enjoy the rights to organize and to bargain collectively, as any other worker. Where needed, the Committee requests the Government to lift any obstacles – whether implicit or explicit – to the exercise of these rights and to keep it informed of any development in this respect.
   • (b) The Committee requests the Government and the complainant to provide information on the outcome of the hearing by the Federal Court of Appeal of the judicial review of the Canada Labour Relations Board jurisdictional decision on the Charter issue in relation with section 13(5) of the Canada Post Corporation Act.
   • (c) The Committee requests the Government to consider, in full consultation with the social partners concerned, the ratification of Convention No. 98.
2. 32. In its communication dated 7 February 2013, the Government reiterates that the Canadian Union of Postal Workers (CUPW) concluded a new collective agreement with the CPC. New collective agreements for both the Urban Postal Operations Workers and the Rural and Suburban Mail Carriers (RSMC) took effect on 21 December 2012 and are in effect until 2016. The Government further indicates that the Canada Industrial Relations Board rendered its decision on 28 January 2013 on a case filed in 2008 by the CUPW seeking that the Board grant a common employer declaration with respect to CPC and a CPC contractor pursuant to section 35 of the Canada Labour Code, a matter which, the Committee observes, was not the subject of this complaint.
3. 33. The Committee notes the information provided by the Government, but regrets that no new information has been provided on the measures, including legislative reforms, taken in consultation with the social partners, to ensure that all mail contractors of the CPC fully enjoy the rights to organize and to bargain collectively, as any worker; and to lift any obstacles – whether implicit or explicit – to the exercise of these rights. The Committee therefore reiterates its previous request and asks the Government to keep it informed of any development in this respect.
4. 34. The Committee also once again requests the Government to provide information on the outcome of the hearing by the Federal Court of Appeal of the judicial review of the Canada Labour Relations Board jurisdictional decision on the Charter issue in relation with section 13(5) of the Canada Post Corporation Act.