PSAC files bad faith bargaining complaint as Canada Post unilaterally changes Hybrid Workplace policy

After the employer made unilateral changes to their Hybrid Workplace Practice, changing the rules around workers’ ability to work remotely, PSAC will be filing a bad faith bargaining complaint on behalf of over 1,500 PSAC members at Canada Post currently negotiating a new collective agreement.

On July 19, 2024, Canada Post management informed union members that changes were being made to the employer’s hybrid workplace model. Starting October 15, all employees will be required to work from their official work location at least two days per week.

By unilaterally altering the hybrid workplace policy, PSAC believes that Canada Post has violated the statutory freeze provisions of the Canada Labour Code. To address this, PSAC notified Canada Post that the company is in breach of the statutory freeze by amending its Hybrid Workplace Practice after the union issued notice to bargain.

Our union had previously asked Canada Post to pause the implementation of this new policy until both parties could discuss it as part of ongoing negotiations.

In the same spirit of fair negotiation, the Bargaining Team proposed language addressing hybrid/remote work during bargaining meetings in August. Unfortunately, employer representatives failed to acknowledge their violation of the freeze provisions and refused to consider our proposals.

What is a statutory freeze?

Under the Canada Labour Code, once a union serves notice to bargain, the employer cannot unilaterally change conditions of employment until specific steps in the bargaining process are completed. During this time, working conditions are "frozen" as negotiations proceed.

Undermining bargaining

Canada Post’s unilateral change to the Hybrid Workplace Practice undermines the integrity of the collective bargaining process. This policy represents a significant workplace condition for employees, and the employer’s changes will deeply affect the lives of hundreds of members.

In light of this, PSAC has no choice but to file a bad faith bargaining complaint and request an injunction to halt the implementation of the new Hybrid Workplace Practice until the Canada Industrial Relations Board reviews the complaint.

By seeking this injunction, we hope to prevent the employer from enforcing its policy on October 15 until the Board has had time to examine our case.

We anticipated that this round of negotiations would be challenging. While our bargaining team entered negotiations in good faith, it’s clear that Canada Post has not followed suit.

Telework has allowed Canada Post members to balance their lives, spend more time with family, and stay connected to their communities – all while keeping the Corporation and the mail running smoothly.

Rest assured, we will continue to defend members’ rights – at the bargaining table, in the workplace, and in the courts.

Stay informed and stay in touch

Stay tuned for further updates and information as these complaints work their way through the Labour Board. Make sure your contact information is up to date and sign up to receive updates as we move forward.

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September 24, 2024