Re Dartmouth General Hospital and Community Health Centre and NSNU

Document Type

Arbitration Decision

Publication Date



Amendments, Benefits, Eligibility, Premium, Jurisdiction, Reduction, Public Sector Compensation (1994-1997) Act


The Union alleges that amendments to employees' benefits entitlement and eligibility periods and increases by the Employer in employees' premium payable for coverage under the Nova Scotia Association of Health Organizations' Long Term Disability Program were contrary to the Public Sector Compensation (1994-97) Act, S.N.S. 1994, c.11 as well as a breach of the Collective Agreement between the parties effective April 1, 1989 to March 31, 1992, as extended by legislation. Firstly, the Arbitrator deals with the issue of jurisdiction. He is of the view that he has jurisdiction to hear this grievance unless there are clause(s) in either the Collective Agreement, the LTD Program or legislation, that restricts or takes away that jurisdiction. Counsel for the Employer submits that the LTD Program is not part of the Collective Agreement whereas Counsel for the Union argues the contrary. Furthermore, the Union submits that the Arbitrator has concurrent jurisdiction respecting changes to the compensation plan whereas the Employer argues that the Legislature intended for questions concerning the amendments to the compensation plan were to be answered by the Administrator and/or the Board under the Public Sector Compensation (1994-97) Act. After a lengthy discussion, the Arbitrator rules that he has jurisdiction to hear the grievance.


Case summary available at the Sir James Dunn Library via Canadian Labour Arbitration Summaries. Summary available only on CanLii. Full text available online at WestlawEdge Canada (subscription required).