Re Dartmouth (City of) and PANS, Local 101
Pension, Damages, Police Officer, Discriminatory Provisions, Jurisdiction
The union alleged the employer breached terms in the agreement by refusing to allow the grievor to join the employer's pension plan. As remedy, the union sought an order requiring the employer to permit the grievor to join the pension plan, or, alternatively, an order that the employer pay the grievor damages sufficient to place her in the position she would have held had she been allowed to join the pension plan. The grievor became a police officer and union member in 1971, approximately 1 year after the pension plan began. She did not join the plan because it contained discriminatory provisions leaving survivor's benefits to widows only. The discriminatory terms were not amended until 1981. The employer's evidence was that the grievor had been asked to join the plan but she had declined. The employer argued that terms in the agreement dealing with membership in the plan did not apply to the grievor because she was not a member of the police union when the plan began.
Re Dartmouth (City of) and PANS, Local 101 (1991), 1991 CanLII 12531, 24 CLAS 413 (NSLA) (Arbitrators: Christie, Stockton, Durnford).