CAW-Canada, Local 1015 v Scotsburn Dairy Group

Document Type

Arbitration Decision

Publication Date

1-5-2008

Keywords

Pension, Surplus, Funds, Contributions, Jurisdiction, Delay, Time Limits

Abstract

The Union grievance states that the Employer breached the Collective Agreement by: (1) Not contributing appropriate funds to the pension during the years 1972-1988 (2) The Employer's predecessor breached the pension plan in 1981 by amending it to permit the pension surplus to be used by the Employer. (3) The Employer used those surplus funds to pay for its share of the pension contributions 1989 - 1993 The Employer made two preliminary objections. The Arbitrator did not have jurisdiction and there had been such a long delay in grieving that the Union should be barred by the time limits mentioned in the Collective Agreement. Prior to the hearing the parties agreed that if liability is found, and they could not agree on the remedy, the Arbitrator would reconvene the hearing to consider the remedy.

Comments

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 and Lexis+ (subscription required).

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