Question Period Note: ACCESS TO HEALTH BENEFITS FOR CANADA POST EMPLOYEES DURING STRIKE ACTION

Striking employees of Canada Post do not have access to their usual health benefits while on strike.

• Because of the ongoing strike at Canada Post, members of the Canadian Union of Postal Workers are not eligible for their normal health benefits. This is because the union elected not to continue them by paying for them.
• Under the Canada Labour Code, a union can make sure its members continue to receive certain benefits during a work stoppage by paying the premiums for those benefits. In this case, the union has not agreed to pay the necessary premiums.
• The Government feels for those families on the picket line. They need a deal as soon as possible.
• This situation only reinforces the need for the parties to reach a negotiated settlement as quickly as possible. The Government is doing everything it can to support them.

Canada Labour Code

Under the Canada Labour Code (Code), the employer must not cancel or threaten to cancel a benefit plan during a strike or lockout if the union tenders the payments or premiums necessary to continue the plan.

This is addressed in paragraphs 94(3)(d) to (d.2) of the Code:

94(3) No employer or person acting on behalf of an employer shall […]

(d) deny to any employee any pension rights or benefits to which the employee would be entitled but for

(i) the cessation of work by the employee as the result of a lockout or strike that is not prohibited by this Part, or

(ii) the dismissal of the employee contrary to this Part;

(d.1) where the requirements of paragraphs 89(1)(a) to (d) have been met, cancel or threaten to cancel a medical, dental, disability, life or other insurance plan, whether administered by the employer or otherwise, that benefits employees, so long as the bargaining agent tenders or attempts to tender to the employer payments or premiums sufficient to continue the plan;

(d.2) where the requirements of paragraphs 89(1)(a) to (d) have been met and the bargaining agent has tendered or attempted to tender to the employer payments or premiums sufficient to continue an insurance plan referred to in paragraph (d.1), deny or threaten to deny to any employee any benefits under the plan to which the employee was entitled before those requirements were met; […]

As of December 5, 2024, the Labour Program is not aware of any statements made by the Canadian Union of Postal Workers alleging that they have paid the necessary premiums to maintain striking members’ benefits.

Dispute Timeline

The most recent collective agreement between the Canada Post Corporation (Canada Post) and Canadian Union of Postal Workers (CUPW) expired on December 31, 2023 for Rural and Suburban Mail Carriers (RSMC) and January 31, 2024 for Urban Postal Operations (UPO). The parties have been bargaining since November 9, 2023.

On August 2, 2024, CUPW (both RSMC and UPO) filed a notice of dispute with the Federal Mediation and Conciliation Service (FMCS). Two conciliation officers were appointed on August 13, 2024. On October 15, 2024, two mediators were appointed. On November 14, 2024, a special mediator was added to the file.

On September 12, 2024, Canada Post and CUPW RSMC and CUPW UPO reached agreements on the maintenance of activities in the event of a strike or lockout. These agreements ensure the processing and delivery of certain government cheques and the safety of live animals during any work stoppages.

On October 25, 2024, it was announced that 95.5% of CUPW RSMC membership and 95.8% of CUPW UPO membership voted in favour of a strike mandate.

On October 31, 2024, the Minister of Labour met with the parties regarding negotiations for their new collective agreements.

On November 3, 2024, the parties acquired the legal right to strike or lockout.

On November 12, 2024, CUPW (both RSMC and UPO) served a strike notice to the employer, advising that strike action would commence on November 15 at 12:01 a.m. EST.

Also on November 12, 2024, Canada Post served lockout notice to CUPW (both RSMC and UPO) advising that a lockout would commence on November 15 at 8:00 a.m. EST.

On November 15, 2024 at 12:01 a.m. EST, CUPW (both RSMC and UPO) began an unlimited general strike.

At 8:00 a.m. EST on November 15, 2024, Canada Post implemented changes to the terms and conditions of employment for all employees represented by CUPW. These adjustments include, but are not limited to, a reduction in staffing levels, the cancellation of vacation leave, and the discontinuation of certain benefits.

On November 27, 2024, after several intensive days of mediation, the special mediator decided to temporarily suspend mediation because the parties are too far apart for mediation to be successful. The mediators remain available to the parties.

The Minister of Labour met with the leadership of both Canada Post and CUPW on November 27, 2024 to discuss the ongoing work stoppage, the suspension of mediation, and the need for all parties to review and modify their positions to make a deal possible.

On November 29, 2024, CUPW filed an unfair labour practice complaint with the Canada Industrial Relations Board against the layoffs imposed by Canada Post on striking workers.

On December 1, 2024, Canada Post presented a new proposal to CUPW.

On the same day, the Minister of Labour had separate calls with the employer and the union, reiterating the parties’ responsibility in this work stoppage and their ability to bring it to a negotiated conclusion.

On December 4, 2024, CUPW presented a counterproposal to the employer’s recent proposal.

“As soon as productive bargaining can begin anew, the special mediator will re-engage the parties. Canadians are counting on them to create these conditions quickly.”
- Statement by the Minister of Labour and Seniors on November 27, 2024