The union representing Canada Post workers says the Crown corporation has been laying off striking employees as the labour action by more than 55,000 workers approaches the two-week mark.
In a notice to members posted Monday, the Canadian Union of Postal Workers called the layoffs a “scare tactic” and said it’s looking into the situation.
The notice pointed to a section of the Canada Labour Code that forbids employers from laying off workers who are participating in a strike.
Canada Post spokesperson Lisa Liu confirmed the layoffs to CBC News.
“Unfortunately, due to CUPW’s ongoing national labour disruption and the significant impact on the company, we have made adjustments to our operations,” Liu wrote in a statement.
She said the organization has informed employees that the collective agreements are no longer in effect and their conditions of employment have now changed, as per the Canada Labour Code — referring to a different section of the code that covers lockout notices.
‘It seems like an unfair labour practice’
At the beginning of the week, Canada Post began sending out a “mass amount” of records of employment (ROE), CUPW negotiator Jim Gallant told CBC News on Tuesday.
“It’s the first time I’ve seen that in my career, in 36 years. I’ve never seen them hand these out,” Gallant said of the records, which are issued when an employee stops working to show an interruption in earnings.
About 55,000 ROE were sent to Service Canada but not to individual members due to the current lack of mail delivery, according to Gallant. He couldn’t confirm the number of layoffs but said it was “towards the hundreds” and that both full-time and part-time workers were affected.
“There’s high anxiety at this time. You’re out on strike, you’re not making any money, and all of a sudden your employer sends you this document that says it looks like your employment has ended,” Gallant said.
“Looking at it from the outside, it seems like a tactic that’s there for intimidation and it seems like an unfair labour practice.”
The Crown corporation has not answered questions from CBC News about the records.
We take a look back at the results of the 1981 postal workers’ strike and speak to labour and sociology specialists about whether unions today can have a similar impact.
Earlier in November Canada Post issued a lockout notice but said it didn’t intend to lock out employees, instead saying the notice would allow the company to make changes to its operations in order to respond to the effects of a strike.
Labour and employment lawyer Deborah Hudson says the layoffs are an unprecedented move.
“Given that the workers aren’t being paid while they’re on strike, it’s unclear why they’re doing it,” said Hudson, adding that the Canada Labour Code protects workers from being laid off for participating in a strike.
“If the temporary layoffs continue, they will for sure result in legal action by the union,” she said. That could be grievances or an unfair labour practice complaint.