Kaplan Arbitration

Published: December 8th 2014 | Source: TCRC West
Consolidated Collective Agreement and a commuted value...

Please see the attached Arbitration award regarding the Consolidated Collective Agreement and a Mediated Settlement for the commuted value for a terminally ill employee.
As you will recall, two outstanding issues remained from the December 2012 Kaplan Arbitration. Commuted value for terminally ill employees and the Company’s demand to execute a Consolidated Collective Agreement. An Arbitration was scheduled on November 19 in Toronto to bring finality to these matters.

The issue of commuted value was resolved during a mediation session with the parties before Mr. Kaplan and the attached document is a reproduction of the original hand written settlement. Now, the document will have to be converted into a pension amendment that will have to go through the pension committee and ultimately approved by Office of the Superintendent of Financial Institutions (OSFI). Essentially, the agreement allows for a terminally ill employee to receive the commuted value of his pension dependent upon his years of service.

The Consolidated Collective Agreement went to a hearing and the award is attached for your perusal. Essentially, Arbitrator Kaplan did not grant the employer request in his award (Dec 2012) and therefore there is nothing for him to implement in the present circumstances. We will keep you all apprised of any new developments in this regard.

Should you have any questions or concerns please feel free to contact the respective office.

In Solidarity,

Dave Fulton, General Chairman - CTY West
Greg Edwards, General Chairman - LE West
Bruce Hiller, General Chairman - CTY East
Benoit Brunet, General Chairman - LE East