Each issue of PaperMoney is approximately 500 fact filled pages.
Click here for Pulp & Paper Radio International
Items just for you
New publication added! Advertising Arguments 2015 book
Free Downloads
My Profile
Management Side
Technical Side
News from the union point of view...
 Association of Western Pulp & Paper Workers
( Last updated Monday, March 27, 2017 12:27 pm EDT)
Japan's Nippon Paper to buy US beverage container operation
June 16, 2016 2:00 am JST Japan's Nippon Paper to buy US beverage container operation src=http://asia.nikkei. Wednesday, June 15, 2016 6:26 pm EDT

The U.S. International Trade Commission Report
The U.S. International Trade Commission Report Last week, the U.S. Thursday, May 26, 2016 4:42 pm EDT

More to follow
AWPPW Local 69 is getting with the times and working on a website. Standby, more to follow. Friday, May 20, 2016 6:47 pm EDT

AWPPW Local 60 member Steven Phillips will be attending President Obama?s State of the Union Address
Brothers and Sisters, on Tuesday January 12th, 2016 AWPPW Local 60 member Steven Phillips will be attending President Obama’s State of the Union Address.  Mr. Phillips is attending as a guest of Congressman Peter DeFazio.  DeFazio represents the 4th Congressional District of Oregon. Tuesday, January 12, 2016 12:28 pm EST

Workshops to be held for all Newberg Union employees at the Local 60 Union Hall
Tuesday, October 20, 2015 10:33 pm EDT

( Last updated Monday, March 27, 2017 12:27 pm EDT)
Union Renewal in Retail
Can recent successes in supermarket bargaining serve as a beacon of hope to all retail workers? That was the topic of discussion at a lively information session held March 24 in downtown Toronto. Participants at the event, sponsored by the Global Labour Research Centre, in partnership with Unifor and the United Food and Commercial Workers (UFCW), identified challenges faced by retail workers and explored strategies to combat precarious work and low wages in the sector. Angelo DiCaro, Unifor National Research Representative, told those gathered that Unifor has successfully set a strong pattern in supermarket bargaining following 2015 contract talks at Metro supermarkets in the GTA. “We revitalized membership by bringing a membership driven approach to bargaining,” said DiCaro. “The development of core provisions and industry specific principles and priorities helped us to raise wage and working standards from the lowest paid worker on up.” Tim Deelstra, Engagement & Media Relations Strategist, UFCW Locals 175 & 633, spoke of the benefits that unions have to offer in the retail sector. Stressing that in addition to wages collective bargaining has achieved gains in health benefits, discipline procedures, and scheduling practices for workers.   Panelists tackled industry specific issues such as high turnover, difficulty in building and maintaining strong workplace leadership networks, divisions between part-time and full time staff, precarious work, and gender inequality. “Retail work is very feminized,” said Stephanie Ross, Associate Professor, School of Labour Studies, McMaster University. “The struggle in retail is not just about economic justice it’s about gender equality.” In her presentation Pam Frache, an organizer with Workers’ Action Centre, pointed out that two-thirds of Canadians now support a $15 minimum wage and went on to say that gains in supermarket bargaining have strengthened the 15 & Fairness movement. Participants at the event also participated in roundtable discussion and an open forum to share ideas and strategies to forge solidarity across the retail sector. Monday, March 27, 2017 12:27 pm EDT

NS Acute Care Bargaining Update - March 21, 2017
The Healthcare Council of Unions and the NSHA and IWK completed a round of mediation yesterday at the request of the Labour Board, which has resulted in an agreement to re-start bargaining toward a new collective agreement. The Healthcare Council of Unions (made up of NSGEU, Unifor, CUPE and NSNU health care workers across the province) had filed a complaint with the Labour Board in January because of the IWK and NSHA’s failure to tell the Unions what new sick leave plan they were proposing and what new health and dental benefits plan they were proposing. The Employers had previously filed a complaint against the Council of Unions for failing to bargain. The Council of Unions took the position that it was always willing to bargain, but the Employers were acting in bad faith by refusing to tell the Council what it proposed on these two key provisions. The Council of Unions demonstrated its desire to bargain on Friday by immediately identifying and agreeing to 26 bargaining dates beginning on April 10 and continuing through to November 16. Prior to the mediation, the Labour Board Chair left the Council with the clear impression that she could not force the Employers to table the missing proposals. This left the Council with only the ability to persuade the Employer’s negotiators to table their proposals on two crucial benefits for members. The Council pointed out that it was very difficult to negotiate without knowing the Employers’ full proposals. The Employers still refused. However, during the complaint process, the Employer gave the Council of Unions key information about their sick leave proposal. The Employers left the Unions to understand that the Employers’ sick leave proposal would be very badly received by our members and that is why they did not intend to table it until the end of the process. The Employers also made clear they wanted complete control of the health and dental benefits plans so they could make any unilateral changes to benefits that they wished. This is a unique and challenging round of collective bargaining. The parties are in a new bargaining relationship that was imposed by legislation. They must draft a single collective agreement to replace agreements for four different unions that are, in many instances, distinctly different. We now know that the NSHA and IWK are attempting to use this round of bargaining to seize unilateral control of the health and dental benefits for members and attack sick leave plans. These attempted clawbacks in members’ rights are being stacked on top of government legislation that will freeze wages for two years, offer minimal increases after that, and freeze members retirement allowances back to April 2015. The Council of Unions will be looking for the support of its members across the province as we bargain with Employers who are intent on attacking your key benefits. We will keep you updated as bargaining progresses through town halls and regular bargaining updates. You may also get more information by contacting your Local President or by attending a Local meeting.  The Health Care Council of Unions bargaining committee is made up of six members from NSGEU, three from CUPE and one from Unifor. The NSNU is also part of the Health Care Council.  Monday, March 27, 2017 12:27 pm EDT

Unions Drive Women’s Empowerment at United Nations
Unifor’s Regional Directors and Women’s Director joined women from around the world at the 61st session of the Commission on the Status of Women (UNCSW61) from March 13-17, 2017. This annual meeting of the United Nations Council on the Status of Women followed the theme of International Women’s Day 2017, Women’s Economic Empowerment in the Changing World of Work. In Canada, and around the world, sectors where women are traditionally employed are becoming increasingly precarious, and continue to face low wages and a wage gap. Women’s participation in the workforce, and access to good jobs is determined by a government's willingness to fund public services like universal childcare. Who participated? (Above, from left) Lana Payne, Unifor Atlantic Regional Director; Lisa Kelly, Unifor Women’s Director; Naureen Rizvi, Unifor Ontario Director; and Joie Warnock, Unifor Western Regional Director participated in panels and events throughout the meeting. Labour representatives, governments, activist groups and NGOs all came together to answer the question on how to ensure women’s economic empowerment and full equality. This year, above all, there was hope and a call for action in 2017. Labour representatives, organized through the Global Trade Delegation, worked jointly on the submission, ‘A Woman’s Place is in Her Union!’ Unions are Central to Women’s Economic Empowerment in the Changing World of Work'. Working in solidarity with sisters from around the world, Unifor called for action, today, on issues that prevent women from being able to fully and safely participate as workers. A set of events organized by labour partners gave delegates an opportunity to establish international solidarity and cooperation in parallel with the UN meeting. Canadian delegates met with Ministers Monsef and Hajdu to discuss strategies to ensure women have access to safe, stable jobs in Canada. Unifor Women’s Director Lisa Kelly spoke on a panel event outlining our union’s role in advancing human rights, and Ontario Regional Director Naureen Rizvi shared her experiences as an organiser working with Unifor's Community Chapters. What comes next? From ending gender-based violence at work to ensuring equal pay and well-financed, universal public services like child care, the message of Unifor women was heard by decision-makers. Many of the union women’s recommendations are included in the conclusions of UNCSW61. Now that these truths are recognized by the UN, it is still up to Unifor members to hold our governments to account here at home and ensure that our movement reflects the diversity of our membership. To keep pushing for economic empowerment, women must put the pressure on Saskatchewan Premier Brad Wall to adopt legislation currently tabled to establish paid domestic violence leave. Prime Minister Trudeau must keep hearing from you about how universal childcare and pay equity can help ensure women’s equality. And above all, Unifor women must persist, for sisters here and for those who continue the fight all around the world. Share these stories from our Facebook page. Lisa Kelly, Unifor Women’s Director “I was honoured to be part of the UNCSW61 parallel event Labour of Love: Unions Advancing Women’s Human Rights. As a lesbian, I shared the importance of the labour movement in advancing LGBTQ issues and where we had work still to do. Compared to most countries around the world, Canada has solid legal rights for lesbian, gay and bisexual people. The current challenge in Canada is around transgender rights. We have implicit protection in our human rights legislation for trans people. However, there is a need to be more explicit and activists and unions have fought to get the ground of gender identity into human rights legislation.” Naureen Rizvi, Unifor Ontario Regional Director “It was on the first day that we learned from a panel of Indigenous women recounting their time in a Residential School System.  One of the panel members was just 5 years old when she was taken from her family. I think of my own two children – they are at the tender ages of 6 and 7.  How do children so young survive the lack of love and the fear that must overwhelm them?  I had the privilege of listening to Grand Chief Sheila North Wilson – a women so humble and so full of wisdom – her voice so calm, yet strong and focused and a voice well known for her work on bringing forth the National Inquiry on more than 1,200 missing and murdered Aboriginal women. I admire the sheer will of these women to change the fate of current and future Aboriginal and Indigenous women and girls in light of the atrocities they have endured.” Lana Payne, Unifor Atlantic Regional Director “The work of the UNCSW is particularly humbling when you consider the severe challenges faced by women in the developing world and yet their fighting spirit is a shining example to all of us. If they can resist, if they can find hope, if they can overcome, then we must be just as vigilant. You are reminded of this spirit immediately upon entering the UN with the stunning photographic display of women. Women in refugee camps learning new skills so they can provide a better life for their children; women who have survived decades of war and lost children and whose faces weather that heartache, but still find comfort in their friendships with each other; women empowered to fight the Ebola epidemic; women working with women. It became so clear, standing amid these images with sunlight flooding through the massive windows overlooking the East River that women are indeed holding the world up and yet their equality is still an unrealized dream and for some a very distant dream. But of course women in Canada – Indigenous women, immigrant women, women of colour, and women with disabilities – also face profound barriers to equality. Indeed for Indigenous sisters their path to equality is perhaps among the most precarious.” Joie Warnock, Unifor Western Regional Director “Even this year, in the face of regressive governments at home who have attacked worker’s rights and women’s rights, the union sisters who join me at UNCSW still hold onto their visions for a better tomorrow. Every fight that we have won until now has been an uphill battle, so I am encouraged that we can achieve the demands that we have made for women in Canada. We can win universal childcare and we can win paid domestic violence leave for all survivors.  We will gain these necessary changes because the women of Unifor, and of Canadian labour are not only leaders in our unions, but like every women I have met at UNCSW, we are committed community organizers who are in it for the long haul." Monday, March 27, 2017 12:27 pm EDT

Navistar Updates
March 16, 2017 Pension Documents Members from Locals 35 and 127 are now receiving their pension document from Morneau Shepell (Navistar). There may be information within these documents that either requires more investigation or clarification, we ask the membership to carefully review their information. We appreciate your patience and understanding as we work our way through this process.  The union and local bargaining committees want to assure our members that they will receive their full entitlements.  As previously reported, we are scheduling meetings on April 8-9, 2017 we will be posting specific information on the location and other details concerning these meetings. March 15, 2017 Pension/Severance Meetings This notice is to advise Locals 35 & 127 membership, which as previously reported, we will be scheduling membership meetings that will deal with full reports on pension and severance issues. The meetings are scheduled for April 8 – 9, 2017.  We will provide more details on location and additional information on the specifics of the membership meetings. February 28, 2017 Unifor/Navistar Arbitration Case – Severance Entitlements As previously reported Unifor Locals 35, 127 working with the National Union lodged a grievance concerning denial of severance following the closure of the Navistar facility in July of 2011. The Arbitration hearing held in Toronto has been completed and an award on the severance was issued by the Arbitrator Owen Shime.  We are pleased to report that the Arbitrator has ruled in favour of the Union.  This award is a victory for the workers and the families. We were always confident that the corporation was violating the principles of the Employment Standards Act in their denial of severance to workers who were entitled by law for severance. The Employment Standards Act provides for severance to those who have greater than five (5) years employment with the corporation. The Employment Standards Act provides one week of severance pay based upon regular wages for each year of service, to a max of twenty six (26) weeks. This award will be applicable to the Estates of deceased members in both Locals 35 and 127. Below you will find the award issued by Arbitrator Owen Shime. In addition, below you will find a timeline for payment of the severance monies for Navistar workers.  As you must appreciate there are significant amount of logistics to ensure that the workers who are eligible, receive their proper entitlements under law. It is absolutely critical that the proper mailing information is on file with Navistar. If your contact information has changed please forward your new information as soon as possible to the following email: c.wiebengauniforlocal127@bellnet.ca. This will include both Locals 35 and 127 members. To say this is an incredible victory would be an understatement. The National Union and Locals 35 and 127 remained absolutely committed to ensuring that Navistar workers received their full entitlement both in the pension and their lawful entitlements for severance. There were an enormous amount of resources devoted to the case that ensured this victory. A significant amount of credit goes to Lewis Gottheil, Chief Legal Counsel, Jeff Wareham, Research and Benefits, Jim Mitchell, National Staff, Bob Chernecki, Unifor, bargaining committee of Local 35, Joe Lucier and Local 127, Cathy Wiebenga and Doug Wright. Special mention to retired National President Ken Lewenza who also remained committed to working on this important file. This victory followed many years of fighting for justice, Navistar workers received full support from the National President Jerry Dias, National Secretary Treasurer Bob Orr and the National Executive Board of the Union.  We want to thank the membership of Locals 35 and 127 for their support and patience throughout this long fight.  It bears repeating that there is still a significant amount of work to be completed. We ask for your continued patience as we move through the completion of the pension matters and the severance matters. Arbitration Award Payment Framework Schedule February 7, 2017 Pension Information In conversions with Navistar and Morneau Shepell they have created an email contact for Navistar employees to update their info concerning their pension with Navistar. This email contact is for address changes and marital status ONLY.  As previously reported pension statements will start to be mailed out by March 14, 2017. Please ensure you follow the instructions below as so they have the most current updated information. An Important Message from Navistar Canada – Mailing Address and Marital Status Updates This notice applies to all members of the Navistar Non‐Contributory Retirement Plan (the Plan) who ceased employment between February 1, 2009 and July 28, 2011. We are preparing your Pension Entitlement packages following the regulator’s approval of the Partial Wind‐Up Report. We have created an e‐mail account navistarpension@hroffice.com for you to provide changes to your mailing address and marital status / spousal information. This e‐mail account will be active from February 6, 2017 and will remain active through February 27, 2017. At this time, the e‐mail account will only be accepting information relating to: Change in Address: Changes in mailing address must be accompanied by proof of residence. Please include a copy of only one of the following: your driver's license, recent utility bill, property tax bill or bank statement. Notification of a Spouse or Change in Marital Status: To accurately calculate your pension entitlement, we require the name and date of birth of your current spouse. Your most recent pension statement indicates the spousal data that we currently have on file. Any incorrect information may cause delays in processing your entitlement. Please e‐mail your changes to navistarpension@hroffice.com and be sure to include your First & Last Name and Clock Number in your email. Note, we will not be responding to any requests to supply the current information on file. We will only be accepting updates supplied by members. At this time, any other e‐mails sent to navistarpension@hroffice.com that do not directly relate to a change in address or marital status update, will not be reviewed. January 27, 2017 Pension Information Update This is to advise our members that Unifor held a conference call with Navistar and Morneau Shepell concerning the details that surround the preparations for pension statements that are being prepared for mail out to our members. Morneau Shepell and Navistar must have, by regulation, pension statements to our members within 60 days of the final letter from FSCO.  Our members then have 90 days in which to review their statements and forward them back to Morneau Shepell. Both Morneau Shepell and Navistar have committed to work with the union to ensure that the pension statements are sent out as soon as possible, but they also indicated clearly, that with the amount of work necessary they would require the full 60 days.  Therefore they have estimated that these would be mailed out around March 10, 2017, 60 days does expire on March 14, 2017. As previously reported, Unifor working with Locals 35 and 127 will now start preparing for meetings with our members to report and assist with their pension statements. In the next few weeks we will be scheduling these meetings in Chatham, we are estimating this to occur in late March or early April. During the conference call Unifor raised a number of other logistical matters and are awaiting responses.  One such issue concerns address changes. We have suggested to Morneau Shepell that we would post their contact information on our website, so that our members could send their contact information directly to Morneau Shepell who would then forward them to Navistar. Arbitration – Denial of Severance As we previously reported arbitration dates have been set for this case under a single arbitrator for late February or early March, Lewis Gottheil our Chief legal counsel is working with the committee and staff in preparing our case. We want to thanks our members for their support and patience as we work our way through these important issues. Unifor remains committed to ensuring Navistar workers receive every possible advantage. As we have done in the past we will continue to post updates as accurate information becomes available on this website. January 16, 2017 FSCO approves partial wind up of the defined benefit pension plan (Locals 35 and 127) Following months of discussion and significant issues raised by the union, the Financial Services Commission of Ontario (FSCO) has approved the partial wind up of the pension plan. The letter below confirms their review has been completed. There is still a significant amount of work remaining.  The employer, working with Morneau Shepell, will now prepare letters to the workers that will outline their options and entitlements under the partial windup.  The legislation governing this issue allows Navistar 60 days from the date of the wind up letter to send out the option/information letters to the workers; the workers then have 90 days in which to respond and/or deal with any matters that may arise from their pension statements - the union has a call later this week with Morneau Shepell to review the mailing schedule.  Updates will be provided on this site. The union will be scheduling optional information meetings with the respective groups of workers. These meetings will be scheduled through the local unions and information will be provided on this website.  We ask for your ongoing patience as we work our way through the scheduling of this critical issue. Partial wind up approval letter December 22, 2016 Update on arbitration process and pension issues Below you will find information on both the above matters, as you know we have experienced significant delays, directly due to the corporations refusal to treat Navistar workers with dignity and respect. With the full support of the union leadership we intend to insure that Navistar workers receive what the absolutely deserve. Arbitration process As previously noted on this web page, the claim made by Unifor and its Local 127 and 35 for severance pay under the Employment Standards Act 2000, (the ESA) on behalf of all eligible Navistar workers on the Company’s seniority lists as of June 30, 2009, will be arbitrated at a hearing set for February 27-March 3, 2017, in Toronto, Ontario. The Union’s grievance seeks a severance payment, under the ESA, for all eligible workers with five years or more service, of one regular work weeks’ pay for every year of service with the Company up to the maximum allowable payment of 26 weeks of pay. Mr. Owen Shime is the arbitrator that will hear the case. Preparations are underway to put together the Union’s case. Appropriate documentation and case authorities are being assembled. The Company has indicated that it will argue, in part, that the pension entitlements of many workers are such that the workers are disentitled to severance pay, the Union has retained an actuarial expert to assist in the presentation of our case. We will update the website on this matter as we move towards the arbitration dates. Pension Plan partial wind-up As previously noted in this web page, Unifor has been in consultations with the Financial Services Commission of Ontario (FSCO) concerning the appropriateness of the assumptions, data and interpretations utilized in the partial windup report filed on behalf of Navistar by the plan’s actuaries Morneau Shepell.  On November 25th, 2016 the Deputy Superintendent of Pension at the Financial Services Commission of Ontario (FSCO) – following a series of correspondence and one face-to-face meeting with representatives of Unifor, Navistar, Morneau Shepell and FSCO – issued a letter stating he is now satisfied that the partial windup report meets the requirements of the Pensions Benefit Act of Ontario (the PBA) and will therefore be approving the partial windup of the Plan. It is worth noting that the Deputy Superintendent’s letter supported and reinforced one of the Union’s key arguments – that members who had made an election to retire or settle their pension entitlement prior to the Plan’s partial windup date will, as part of the partial windup of the Plan, receive Option forms and have the ability to revise their previous elections; the Special Early Retirement provision in the Plan will be taken into consideration in such revisions if such Members are eligible. The corporation fought the union on this issue for months which caused a very significant delay. As part of the Partial wind up process, Plan members who have not yet made an election or settled their pension entitlements will, of course, also receive personalized Option forms.   The Plan administrator has 60 days from the date the Partial wind up report is approved to mail Option forms to plan members.  We have attempted to get the approximate date that Navistar intends to mail the Option forms out to include in this note but we have not been notified of this information as of this date.  Our expectation is that the Options should be ready to go and should be sent out immediately following the date the partial windup report receives formal approval from FSCO, which should be no later than late December 27, 2016. Once members’ Option forms have been mailed to members, Plan Members have 90 days to complete their election and return their Option form to Navistar.  Unifor intends to schedule a series of meetings for members grouped according to their retirement eligibility, to be held within the 90 day window, to outline the partial windup process and review member Option forms.  We have just begun planning for these meetings and will provide more information on this site once we have more information. December 2, 2016 FSCO correspondence Re: the Navistar pension plan Below you will find correspondence from the Deputy Superintendent, Pensions to Unifor concerning the wind up of the non-contributory pension plan. You will note the letter is dated November 25th, 2016 the union did not receive this correspondence until today.  We will now review the correspondence  from the Deputy Superintendent, Pensions  and decide whether or not it’s content meets the criteria outlined by the union we will post the review on the website along with the next steps in this process. Deputy Superintendent, Pensions letter to Unifor November 3, 2016 Pension Matters - Unifor's letter to FSCO concerning outstanding issues. September 22, 2016 Pension Matters – letter from FSCO to Navistar September 16, 2016 Update - Arbitration Dates and Pension You will find below documents from the Arbitrator Owen Shime and an update on the windup of the pension plan for Navistar employees. Letter Owen Shime.doc Windup Pension.doc We appreciate the significant amount of frustration from Navistar workers. There have been a significant amount of challenges to deal with. The corporation is still refusing to pay severance for those who will receive an unreduced pension in the future. We were forced to arbitrate the severance matters and the delay has been the sole responsibility of the corporation, not ours. With respect to the pension matters Navistar filed the windup report with the Financial Services Commission of Ontario (FSCO) in April. We found a number of discrepancies with the windup report. Our actuary and pension staff has been working on these issues which we filed with FSCO.  We are determined to ensure that Navistar workers get everything they are entitled to, and FSCO has been supportive of our position throughout the process. Lewis Gottheil former Chief Counsel for Unifor, now retired continues to work on this file and will be leading the outstanding Arbitration case. We’ve attempted to keep the website reports updated and only post information that is accurate.  As these issues continue to unfold we will report through the website to the Navistar members. June 23, 2016 Navistar issues update Below you will find updates concerning both the Arbitration process that deals with severance, which has been the focus of our discussion with Navistar Corporation, and the outstanding pension matters.  We realize that many members are anxious to see a conclusion to both these issue. Unfortunately, the time frames for both the severance and pension issues have taken longer than expected. At this point in time, we are awaiting responses from both the Navistar Corporation and the Financial Services Commission of Ontario (FSCO) we will continue our attempts to report to the membership as relevant and accurate information is received by the union. We thank you again for your patience and support. Grievance/Arbitration A grievance has been filed on behalf of Locals 127 and 35 and all affected workers contesting the Company’s position regarding the entitlement of workers on the June 30, 2009 union seniority lists to severance pay. A response from the Company is due shortly. If the response is unsatisfactory, as is anticipated, the matter will be referred to arbitration. The Union has already suggested to the Company the name (s) of a proposed arbitrator to hear the case. Pension update Navistar’s actuary, Morneau Sheppell, filed a partial windup report of the Navistar Non-Contributory Retirement Plan with the Financial Services Commission of Ontario (FSCO) in late April, 2016.  The partial wind up report is currently undergoing review at FSCO. Unifor and its actuary have reviewed the report.  Once FSCO has provided comments and questions, Morneau Sheppell will respond with answers, clarifications and, potentially, modifications.  Once FSCO is satisfied the partial wind up report has been prepared in accordance with the Pension Benefits Act and Regulations, the report will receive approval from FSCO.  We will keep you updated on developments as they unfold on this website. April 27, 2016 Closure document and pension update - Local 35, 127 As everyone is acutely aware, the National Union has been working with the Navistar Bargaining Committees, Locals 35 and 127 plant and office, in our attempts to reach an agreement on both a closure document and the pension matters. Since 2009, when the plant was idled, and following the closure in July of 2011 and moving forward to today we have been demanding that the corporation provide a decent closure package, and adhere to their pension and severance obligations for the workers at Navistar. Over the past number of months we have continued to stay in contact with the corporation in order to finalize the outstanding issues.  The corporation refused to bargain any settlement until the pension issues were finalized.  The corporation absolutely refused to provide any additional severance above the law.  In addition the Company has refused to provide severance pay to any worker who the Company considers to be eligible for an "unreduced" pension. The Union has a significant difference with the Company with respect to who falls into the category of workers disentitled to severance pay under the law due to the pension the worker is entitled to receive. The Company goes so far as to say that even if a worker is only entitled to an "unreduced"  pension on a grow in basis, many months or years after he or she is terminated, he or she is still not entitled to severance pay. This became another critical issue that had to be dealt with. The corporation also consistently, until very recently, refused to agree to an arbitration process to settle the severance issue.  Over the last number of weeks we notified the corporation that unless they agreed to arbitrate the severance issue, that our Union would go back to the Ontario Labour Relations Board (OLRB) and argue that the OLRB should appoint an Arbitrator to decide the severance issue. The attached document includes an Appendix A in which the corporation has agreed to commence the arbitration procedure on the outstanding matter of the severance within 30 days of signing this agreement.  Following a significant amount of dialog and discussion with the National Union and the Bargaining Committees, we have signed the agreement in order to move forward and finalize the outstanding issue of the severance pay entitlement. We have consistently demanded that the corporation provide enhanced severance above the law. They have absolutely refused to provide more than one week for each year of service. For your information, the National Union included Lewis Gottheil, Legal Counsel, Jeff Wareham, Pensions and Benefits, Jim Mitchell, National Representative and former Assistant to the President Bob Chernecki. The bargaining committees at local 35 and local 127 are Cathy Baker-Wiebenga, Doug Wright and Joe Lucier. In addition, remaining directly involved in this case are former National President Ken Lewenza.  National President Jerry Dias and National Secretary Treasurer Peter Kennedy have provided continued support.   Sisters and brothers we have exhausted every avenue available to us in order to provide a closure agreement that respects the many years of service of Navistar workers.  We have argued your case at the Financial Services Commission (FSCO), in front of the Financial Services Tribunal and at the Divisional Court and at the Labour Board.  We have worked with FSCO to ensure that the workers’ pensions were enhanced, and Navistar fought us at every turn. We want to thank the membership for their support and patience during this difficult fight with this corporation. And while the fight over severance pay continues, the result of our long-fought battle over your pension entitlements is a victory – for Navistar workers, and for other workers in the province of Ontario who lose their jobs to corporate restructuring.   Under the order issued by the Superintendent of Pensions, members whose age plus years of service totaling 55 points or more as of the partial wind up date will be entitled to receive, or grow-into, a Special Early Retirement (SER) pension under the plan, if this pension is a more valuable option.  The SER consists of a lifetime basic pension and a temporary pension payable to age 65, and is payable without the usual significant early retirement reductions contained in article 2.02 of the pension plan (there may be a reduction that applies depending on individual circumstances).  This enhanced pension (the SER) will be to payable to members in the partial wind up group who have 55 points of more as of the wind date (July 28, 2011) once members meet the eligibility criteria for the SER (age 55 and at least 10 years of credited service). There are other pension enhancements that were won on your behalf as a result of the pension battle.  We are expecting that the pension partial wind up report will be filed with FSCO by Navistar on April 23rd.  Once submitted, this will be reviewed by the National Union and the Bargaining Committees Local 35 and 127 to ensure that the document reflects the law in Ontario and the principles outlined by the Superintendent of Pensions, the Pension Tribunal and the Ontario Divisional Court. In addition, we are in the process of selecting an Arbitrator to hear and rule upon the severance entitlement issue; we will provide an update once we have an Arbitrator selected and set the dates for arbitration. According to our Legal Counsel we are looking at about 2 days of Arbitration so we will move this along as quickly as possible. Once we have concluded the process and have all the required information we will be scheduling a joint meeting of Navistar members Locals 35 and 127 in Chatham to provide a complete overview of both the closure document and pension and severance issues.  Updated reports will continue to be provided on our website. March 16, 2016 FSCO extends wind up report deadlines Please find below correspondence from FSCO to Navistar. Navistar - Extension of deadlines Update March 2, 2016 Below you will find two documents that deal specifically with pension matters Morneau and Navistar have requested and extension to the deadline dealing with the partial windup of the plan. We are adamant in our position that there should be no extension. FSCO is currently reviewing this matter and we will update the website once there is a position taken by FSCO on this issue. Morneau and Navistar request for extension Unifor's response January 6, 2016 Please click here to see the final order of the Financial Services Commission of Ontario dated December 23 2015 which brings the pension wind up legal case to a close. The order directs Navistar to take certain important steps in the wind up of the pension plan within 60 days of December 23 2015. Unifor will now await the results of the above order, we will continue to post notices on this website. There was a tremendous amount of work that went into defending Navistar workers’ rights and we remain committed to ensure that the affected workers receive their full and complete entitlements. December 21, 2015 On December 21 2015, after taking great care in its deliberations, the Ontario Court of Appeal dismissed Navistar’s motion for permission to appeal the July 3, 2015 decision of the Ontario Divisional Court upholding the ruling of the Financial Services Tribunal of Ontario (the FST) on the issues arising from the partial windup of the Navistar DB pension plan. As a reminder, on July 11, 2014, the FST issued a decision, supporting in full the position of the union with respect to the partial windup of the DB pension plan, and supported the union’s position on all outstanding issues – including member entitlements - related to the partial wind up. This dismissal by the Court of Appeal will now trigger the issuance of an Order from the Superintendent of Financial Services (the Superintendent) that will order Navistar to begin the process of partially winding up the DB pension plan, including preparing and filing a partial windup report with the Financial Services Commission of Ontario (FSCO). The partial wind up report must be prepared in accordance with the terms of the Order issued by the Superintendent. It is normal in these circumstances for the Superintendent to include a deadline - typically 60 days from the date of the Order - for Navistar to file the partial windup report. Failure by Navistar to file the report can result in FSCO prosecuting Navistar for failure to comply. The Union will continue to support former members’ during this process, including providing any assistance it can to the FSCO in order to bring this process to a close as quickly as possible. The union has, and will continue, to make its resources available to the FSCO and will review the partial windup report once available and provide feedback to the FSCO and Navistar on the report. Once the report has been approved and a partial windup ordered by the Superintendent, settlement of member’s pension entitlements will begin. Severance Pay The matter of severance pay, including entitlement of workers who will receive statutory improvements under the Pensions Benefit Act as a result of the partial wind up, and related closure issues, remains outstanding. This favourable ruling from the Court on the issue of pension plan wind up does not resolve the issue of severance pay. The corporation has consistently refused to address, in a reasonable way, the issue of severance entitlement and severance pay. The corporation remains unwilling to provide a fair and equitable closure agreement. November 10, 2015 As you will recall Navistar filed an application with the Ontario Court of Appeal to seek permission of that Court to make an appeal of the Divisional Court decision that was released last July. We still await the result of that application for permission. The moment we receive it , and have had a chance to review it, we will post it on this web site. Your Union is as frustrated as you and your co-workers about the length of time it has taken to resolve the pension wind up issues. The Union is committed to continuing this fight on behalf of all affected Navistar workers/retirees. We remain hopeful that the Court of Appeal will not grant leave or permission to Navistar to initiate an appeal. If the Court of Appeal declines Navistar's request, then the favourable decision of the Superintendent of Pensions as adopted and expanded by the Financial Services Tribunal will be final and binding September 1, 2015 NAVISTAR TRIES TO APPEAL DIVISIONAL COURT DECISION Navistar is attempting to appeal the recent decision of the Divisional Court which dismissed Navistar’s appeal of pension decisions made by the Financial Services Tribunal. All three judges of the Divisional Court supported the union’s position and upheld the original decision of the Superintendent of Financial Service. Below you will find the legal argument filed by Navistar. In order to be able to appeal this well-considered decision, Navistar must first get permission from the Ontario Court of Appeal.  We remain confident that this application for permission to appeal will be dismissed by the Court of Appeal and we expect a decision on that matter in early October. The union is now preparing the necessary documents to defend our position. We will continue to communicate through the website. To view the argument filed by Navistar click here To view the union's submission click here July 21, 2015 This update advises that Navistar Canada Inc has filed a written motion with the Ontario Court of Appeal seeking the permission of that Court to appeal the ruling made on July 3 2015 by the Divisional Court dismissing the Company's appeal from the pension plan wind up decision of the Financial Services Tribunal. If you would like to read the Company's notice of motion please click here‎. There will be further written submissions filed by the parties over the next two months or so and then the Court of Appeal will let the parties know if the Company has permission to appeal. July 7, 2015 Ontario Court Dismisses Navistar Challenge The Divisional Court has dismissed the appeal of Navistar Canada Inc. in a twelve page unanimous ruling of a panel of three judges. The Court upheld all of the favourable findings of the Financial Services Tribunal, made in its decisions of October 2013 and July 2014 that were challenged by Navistar. The Court confirmed that there should be a broadly based group of workers who are entitled to participate in the windup of the pension plan. Specifically the Court endorsed the conclusion that all workers who terminated their employment, for whatever reason, between February 1, 2009 and up to and including July 28, 2011 (the date of plant closure) should be in the wind up group. This means that all such workers in the wind up group who had attained the age of 55 and had at least 10 years of credited service will be entitled to at least a special early retirement benefit as of the date of their respective retirements. Further any worker in the wind up group with at least 55 points based on combined age and service at the time of their termination of employment will be able to "grow into" a special early retirement benefit. The Court also determined  that all laid off and or disabled workers should obtain a supplementary 0.9 year of credited service under section 7.03 (b) (iii) of the union pension plan. It should be underlined that this ruling is not necessarily the end of the road regarding these pension plan issues. The company has the right to apply for permission to appeal the decision of the Divisional Court to the Ontario Court of Appeal. That application for permission to appeal must be made in writing within 15 days of the date of the ruling. The ruling was issued on July 3 2015. In effect we will know by July 20 2015 or perhaps earlier if the Company intends to try to appeal this latest positive ruling. Further it should be noted that this ruling does not and was not intended to deal with the outstanding issue of severance pay entitlement, particularly for those worker/members who have been found to be entitled to participate in the wind up group.  We will continue to challenge the corporation in demanding a fair and equitable closure agreement. The Company has refused to make a fair and equitable offer to complete a closure agreement as long as these pension plan wind up issues are being prolonged, by the Company's very own actions. Our union, Unifor and Locals 127 and 35 remain committed to insuring that justice is done for the benefit of all members affected by the conduct of the Company. Navistar workers have been through an in creditably challenging time and it’s only through your continued support and solidarity that we’re able to challenge this corporation.  The bargaining committees of Locals 35 and 127 and our legal department headed by Lewis Gottheil and the staff also deserve and enormous amount of credit for their hard work. We thank you for your continued support and will continue to keep you informed as matters unfold. If you would like to read the entire decision please click HERE. April 15, 2015 Court Appeal Update This is to advise that the Company appeal of the favourable pension wind up ruling issued by the Financial Services Tribunal was heard by a panel of three Judges of the Divisional Court on Thursday, April 9 2015. The hearing lasted all day. Counsel for the Company addressed the Court in the morning. Counsel for the Union (Lewis Gottheil) made submissions in reply in the afternoon. The Court has reserved it's decision. It is unknown exactly when the Court will publish it's ruling. We will immediately advise of any news by way of this web page, when a ruling is issued. Thank you for your continued support and attention to this. March 18, 2015 Ontario Labour Relations Board Decision The Ontario Labour Relations Board has released its decision in Unifor’s unfair labour practices application against Navistar. That application sought a determination that Navistar employees’ severance pay claims be settled by an independent arbitrator. The union complained that by refusing to agree to arbitration of those claims, Navistar was failing to make reasonable efforts to conclude a collective agreement and that is bad faith bargaining. The Board has declined to order that the issue be sent to arbitration. The Board decided that it was not unreasonable for Navistar to refuse to agree to arbitration of severance pay claims while some other issues remain to be bargained. While this is a disappointing decision, Unifor will continue to seek resolution of the severance pay issues and other important issues for Navistar employees. decision_-_march_18_2015.pdf March 2, 2015 Report on Ontario Labour Relations Board (OLRB) Hearings As previously reported, Unifor has filed a complaint at the OLRB against Navistar. That complaint deals with employees’ severance pay entitlements. Navistar repeatedly refused to pay severance pay to employees whose pension entitlements may be affected by Navistar’s appeal of pension decisions of the Financial Services Tribunal (“FST”). The FST supported the position of the union in an earlier case decided by the Pension Plans Branch of the Financial Services Commission of Ontario. On February 27th, 2015 we completed the hearing of the union’s complaint at the OLRB. We will now await the written decision of the Board on our right to force Navistar to have an arbitration hearing on the outstanding severance pay issues. Below you will find a document that was filed at the hearing called “Statement of Agreed Facts”. This document provided the OLRB with a condensed version of hundreds of pages of documents summited by both Unifor and Navistar.  We will provide the final decision of the OLRB when it is received. Appearances by Unifor at the Board included: Anthony Dale and Lewis Gottheil, Legal Department, Cathy Wiebenga Local 127, Doug Wright Local 127, Joe Lucier Local 35. Unifor staff included: Jeff Wareham, Jim Mitchell and Bob Chernecki. Statement of agreed facts January 15, 2015 Ontario Labour Relations Board hearing As previously reported, Unifor submitted a complaint against Navistar to the Labour Relations Board.  A hearing was held on January 14th to allow the parties to make oral submissions in argument regarding the complaint.  The parties were not able to complete the hearing.  The Chair of the Board has scheduled hearing dates for February 27th and if necessary, March 9th.  These Board hearings will be held in Toronto. Unifor Legal Counsel presented our case yesterday.  We do expect to have this hearing completed on February 27th and we will report the final decision of the Board once it is received by the Union. The charges by Unifor against Navistar deal with the corporation’s refusal to bargain in good faith principally with respect to the matter of severance and transition pay.  The Union says the company has failed to take reasonable steps to conclude a closure agreement. Pension matters – Court As previously reported, Navistar appealed the decision of the Financial Services Tribunal to the Ontario Courts, and this hearing dealing only with pension matters is scheduled to be heard April 9th, 2015 in Toronto. January 7, 2015 Fiscal Appeal Update Please find below the material developed by our legal department concerning the above matter. Union Position on Fiscal appeal by Navistar January 5, 2015 This is to advise that the Divisional Court of Ontario has fixed a day for the hearing of the Company's appeal of the favourable pension decision from the Financial Services Tribunal.  The hearing is set for April 9, 2015 in Toronto. The notice of hearing may be viewed by clicking here. November 26, 2014 NAVISTAR UPDATE As previously reported we attended a hearing before the Ontario Labour Relations Board (OLRB) on Friday, November 21, 2014 in Toronto. The hearing concerned the Union’s complaint of bad faith bargaining against Navistar. The day began with Navistar making a motion to have the union’s complaint dismissed forthwith, without any inquiry into the evidence.  Part way through the company’s argument the Chair of the OLRB intervened and invited representatives of both sides to have an off the record discussion. That discussion occurred.  In the end the union and company agreed to return to the OLRB on January 14, 2015 to have a full one day argument based on an agreed statement of facts.  This arrangement will expedite these proceedings. The focus of the union’s complaint is on the company’s unreasonable failure to make proper efforts to resolve the outstanding issues in the closure talks, namely severance and related compensation. The union seeks an arbitration process to settle the issue of severance pay entitlement forthwith. On a related note, we advise that we have received notice that the company appeal against the favourable pension wind-up ruling obtained by the union is likely to beard by the Divisional Court in February or March 2015. The hearing was attended by the Director of the Legal Department Lewis Gottheil, Ken Lewenza former National President, Cathy Wiebenga former Chair of Local 127, Joe Lucier Committeeperson Local 35, Doug Wright former Committeeperson Local 127, Jeff Wareham retired National Representative of Pensions and Benefits and Bob Chernecki former Assistant to the President. We will continue to report through this website as we move this process. The company has consistently failed to meet fair standards of conduct in its dealings with the workers represented by Unifor and Locals 127 and 35. The workers at Navistar will continue to have our full support. November 6, 2014 Ontario Labour Relations Board hearing As previously reported we have resubmitted our challenge at the board against Navistar,  below you will find notification from the OLRB, as it describes the hearing is November 21, 2014 at 930 we will report following the hearing. OLRB_hearing_date October 17, 2014 Unifor submission to the Ontario Labour Relations Board This is to advise our Navistar membership that he corporation once again has failed miserably to address the key issues. Please find below our submission materials that have been forwarded to the Ontario Labour Relations Board requesting a hearing. Unifor submission Update September 3rd meeting – Navistar As we recently reported to you, Unifor and Navistar agreed to adjourn the OLRB hearing scheduled for September 3rd on a without prejudice basis.  The reason for the adjournment was that Navistar had indicated in their submission to the OLRB that they were prepared to submit the issue of entitlement to pay severance pay to arbitration. The company has continued to refuse to pay severance to all members pending the outcome of their appeal of the ruling on the pension issues by the Financial Services Tribunal.  The company and union agreed to hold a meeting in place of the OLRB hearing on September 3rd. The meeting was attended on behalf of the union by Unifor Chief Counsel Lewis Gottheil and others.  Following three hours of discussion and debate it was clear that the corporation was not prepared to agree to resolve a number of issues.  As a result Unifor will continue to challenge the corporation on the severance issues through the OLRB process. To say this is disappointing would be an understatement!  Copies of the union’s filings with the OLRB will be posted on the website once they have been filed. September 3, 2014 The hearing of the Union’s unfair labour practice complaint at the Ontario Labour Relations Board against Navistar set for today September 3, 2014 has been adjourned “sine die” on a without prejudice basis.  An adjournment “sine die” means either party (the union or the company) can ask at any time that the matter be brought back for hearing.  In its response to the Union’s complaint to the OLRB, Navistar made clear its agreement to arbitrate differences concerning entitlement to ESA severance pay.  This addressed a key issue in the Union’s complaint.  There will be a meeting in Oakville between representatives of the Union and Navistar today September 3, 2014 to review other outstanding matters concerning severance and related compensation. August 13, 2014 Navistar has appealed the favourable decision of the Financial Services Tribunal (FST) issued on July 11, 2014, and posted here, under the message below. In that July 11, 2014 ruling, the FST made several findings which supported the interests of union hourly and salaried members of the Navistar defined benefit pension plan.  First, the FST expanded the group of workers who would benefit from the plan windup enhancements, to include plan members who ceased to be employed as of February 1, 2009. The FST also directed that all laid off plan members should be provided a supplementary 0.9 years of credited service, regardless of whether they returned to work, after their layoff (and we know, of course, that workers laid off by notices commencing in November 2008 did not return to work). The FST ruling also declared that plan members whose age and service added together equaled 55 points or more on July 28, 2011 could “grow into” the special unreduced early retirement benefit set out in Section 1.03 of the pension plan. Navistar has challenged all of these findings and seeks to overturn them. The company’s notice of appeal may be read by clicking here. The company’s notice argues that the FST erred when the FST made the findings set out above. The company’s notice argues that the Tribunal made such a serious factual error in considering the evidence before it regarding the future of the Chatham plant, that the whole FST decision should be overturned.  Navistar also says that the 0.9 supplement regarding credited service should be taken away because in previous layoffs past members were not granted such an entitlement. Finally, Navistar argues that the FST erred when it made a procedural ruling about the authority of the FST and the Financial Services Commission of Ontario (the body that regulates pensions in Chatham) to even consider the issue of the 0.9 credit service supplement. The union contests each and every point raised by Navistar.  The union will be a party to the appeal hearing and will defend every aspect of the ruling of the FST relevant to the interests of union plan members. The union will be filing a notice in the Divisional Court confirming its participation in the appeal forthwith. Now that Navistar has filed its Notice of Appeal, the company must order a copy of the transcript of the oral evidence that was heard by the FST. Once the evidence has been transcribed, the company has 60 days within which to prepare and file its written material with respect to its appeal.  Then, the union and the Superintendent of Pensions (who are allied in interest general speaking in this particular case) have 60 days to prepare and file their respective written material.  Once the company’s written material is filed, the Registrar of the Court will put the case on a list of cases to be heard.  While it is difficult to predict when the case will be argued in Court, current timelines suggest that the case will be heard in the second quarter of 2015. To view the full July 11, 2014 decision please click here July 29, 2014 The hearing of the Unfair labour practice application will take place in the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario, on WEDNESDAY, SEPTEMBER 3, 2014, at 9:30 A.M.  We will continue to update this website with the latest information. To view the full  notice of hearing please click  here July 11, 2014 Financial Services Tribunal Dismisses Navistar Appeal Please find attached the full decision of the tribunal which not only dismisses the appeal of the corporation but provides an excellent decision in favour of the workers which includes the .9 credited service issue. We will continue to maintain communications with the membership on the decision of the tribunal. A great deal of credit goes to the National Unifor staff and bargaining committees of Local 127 and Local 35. Brother Lewis Gottheil director of the Legal Department deserves special recognition in this victory. The National President Jerry Dias and National Secretary-Treasurer Peter Kennedy have applauded the decision of the tribunal and remain committed to provide the full resources of the union to the workers of Navistar. Either party has the right to appeal to the courts in Ontario. To view the full decision please click here June 11, 2014 Ontario Labour Relations Board (OLRB) - Navistar's Response to Union's Submission Below, please find the corporations written response to the OLRB.  We are awaiting dates to appear before the Board and will continue to keep the website updated. Click the following link to download the complete response:  response_june_2014.pdf May 28, 2014 The Ontario Labour Relations Board (OLRB) has confirmed receipt of the Union’s Unfair Labour Practice Complaint against Navistar.  The OLRB has appointed a Labour Relations Officer named Fernando DaSilva as a Settlement Officer.  The OLRB has directed Mr. DaSilva to set up a settlement meeting involving the Union and the Company which will likely occur at the offices of the OLRB in Toronto.  The Company must file a written reply to the Union’s complaint by June 4, 2014.  We will keep this website updated as developments occur. May 22, 2014 Ontario Labour Relations Board – Navistar Click here to see the full application filed with the Ontario Labour Relations Board against Navistar.  In this pleading your union submits that the company continues to refuse to bargain in good faith a closure agreement.  As we have indicated in previous communications to the membership we are determined to use every available process to ensure Navistar members get justice against this employer.  There is absolutely no reason that this company cannot finalize a decent and fair closure agreement.  We will keep the membership informed through the website on the status of these charges. We want to once again compliment the bargaining committee of both Locals 127 and 35 as they remain committed to working with National Staff and the Legal Department, their input has been invaluable. In addition, the national officers President, Jerry Dias and Secretary Treasurer, Peter Kennedy continue to fully support all the actions that we are taking to assist the membership. Pension Tribunal Decision As previously reported the pension issues that are outstanding are waiting a final decision of the Financial Services Tribunal Panel.  We are expecting a written decision in the near future.  We remain confident that a decision will be made in favour of the pension wind up entitlements as submitted by the union and the deputy superintendent of pensions. April 17, 2014 FST Hearings – Navistar Appeal with respect to Superintendent’s decision Hearings before the Financial Services Tribunal, held on April 11, 14-16, 2014 are now completed.  There was a significant amount of evidence put before the Tribunal.  We believe that the Tribunal will support the original decision of the Acting Superintendent. You will recall there were four outstanding issues pertaining to the partial wind-up of the workers’ pension plan.  The decision of the Superintendent supported the union’s position regarding these issues and the company appealed, which caused a long delay and the hearings noted above. Given the amount of evidence put forward by the parties, we do not expect a decision until at least the later part of May or early June.  This estimate is also based upon the final comments made by the Chair of the Tribunal. We will post the written decision of the Tribunal once it is received. Once again we thank the membership for their patience and support.  As stated previously your union will continue to protect the rights of workers and their pension plan at Navistar. As a footnote Navistar still refuses to negotiate a fair and reasonable closure agreement.  The union will be taking further steps in this matter to continue to challenge Navistar, and find a resolution to all outstanding closure issues. April 10, 2014 Navistar FST Hearings As previously reported; the hearings dealing with the outstanding pension matters between Unifor (formerly CAW) and Navistar will commence Friday, April 11 and continue on April 14, 15, 16, 2014.  The hearings will be conducted at the Financial Services Tribunal offices in Toronto.  Lewis Gottheil, Chief Legal Counsel and members of the bargaining committee from Local 127, Local 35 and national staff will be attending the hearings. We are hopeful that a decision by the Tribunal will be forth coming by late May early June.  Please note there will be a significant amount of evidence and testimony put before the Tribunal and it will take time for the Tribunal to review all the material.   Counsel for the Superintendent of Pensions will also participate in the hearings and support the original decision of FSCO which was favourable to the members of the Plan.  We will communicate the decision of the Tribunal once it is released. FEBRUARY 11, 2014 Readers of this web page will recall that late last spring a Superior Court of Justice Judge dismissed our proposed class action law suit on jurisdictional grounds. We appealed this ruling to the Ontario Court of Appeal. That Court of Appeal hearing occurred last Friday morning (February 7, 2014). We asserted three main arguments to the Court of Appeal, just as we did last year to the lower Court. We argued first that there was a statutory right to severance pay that can be litigated in the Superior Court by individual employees of Navistar. We asserted as well that individual employees can rely on certain terms of their expired agreement which pertain to their individual terms and conditions of employment IF the employer takes no step to amend those terms and conditions of employment after expiry. We also argued that AFTER a collective agreement expires the law does and should hold that a worker can only be terminated from employment if that worker is given reasonable notice, mainly because the worker’s binding right of recall and just cause protection has evaporated while the parties are in a lawful strike or lockout position. The Court of Appeal rejected our submissions and dismissed our appeal. The Court gave oral reasons which are available on this website. The reasons themselves are very concise. The Court of Appeal stated that it essentially agreed with the ruling that the Motion Judge provided. The Motion Judge basically stated that he was not persuaded that individual employees can bring individual claims for compensation on the grounds of an individual contract or relationship with the employer as long as their collective bargaining agent has bargaining rights and is bargaining with the employer over the same issues. There are no plans to seek leave to appeal this matter to the Supreme Court of Canada.  Please continue to consult this webpage for further information regarding our efforts to bring about a fair and reasonable resolution to all closure issues connected to the Navistar facility in Chatham. To read the complete decision please click here FEBRUARY 10, 2014 This is to report that our appeal of the dismissal of the proposed class action for compensation arising out of the closure of the Navistar Chatham facility was heard by a panel of three Justices of the Court of Appeal on Friday, February 7, 2014.  Our appeal was dismissed.  The Court of Appeal panel stated that they agreed substantially with the reasons of the Motion Court Judge who dismissed the matter.  The Court of Appeal did underline that the dismissal of the action was jurisdictional or procedural in nature.  In other words, the Court did not and was not ruling on the issue of entitlement to severance pay or any other kind of compensation.  The Court of Appeal simply ruled that the Court below, the Superior Court of Justice did not have jurisdiction over our claim as written. The Local and National Union leadership representatives are considering together the next steps, as we continue to strive to bring a fair and reasonable resolution to all of the outstanding closure issues which pertain to the membership. February 6, 2014 Our members will recall that individual local union representatives launched a class action law suit against Navistar arising out of the circumstances of the closure of the facility in Chatham in July 2011, and the resulting terminations of employment. That law suit was dismissed by a Motions Judge last year. However, the Union, (formerly CAW Canada, now Unifor) has supported an appeal of that dismissal. The appeal hearing will take place on Friday February 7 2014 at the Osgoode Hall Court House in Toronto, ( corner University Avenue and Queen Street), commencing on or after 10 o’clock. We will of course advise the membership, through this web site, of the decision of the Court. Lewis Gottheil and Anthony Dale of the Unifor Legal Department will represent the appellants.” January 29, 2014 This is to advise that we have finally received confirmation of date form FSCO regarding the outstanding pension matters before the tribunal. The hearing dates are as follows. April 11, 14, 15 and 16, 2014; April 28, 2014 as being held in reserve Despite our best efforts these dates are confirmed we would have wanted them earlier but it is not in our control, the tribunal dictates the dates. We will continue to update the membership as information becomes available. Navistar refuses to bargain a closure agreement with the union until the pension matters have been decided by the tribunal these hearings deal with the company's appeal following the decision of the superintendent of pensions you will recall that the superintendent of pensions decision did support the unions submission. December 11, 2013 To read the Hon. Charles Sousa Minister of Finance's response to National President Jerry Dias's letter regarding the delay in the Navistar tribunal hearing please click here. December 6, 2013 FSCO Tribunal Cancelled Hearings The union has been notified late yesterday in a note to our legal counsel that the hearing scheduled for December 9, 11, 12 and 16, 2013 has been CANCELLED!! To read the letter that outlines a technical provision that in essence is due to a provision within the act whereby there must be a certain level of members at the tribunal, please click here. At this point we are absolutely livid about this unprecedented notification. We intend to contact the senior levels of government including the premiere of the province. We will continue to communicate with the membership on this critical matter. To read the letter from Unifor National President Jerry Dias to The Honourable Charles Sousa Minister of Finance Government of Ontario regarding this cancellation please click sousa-navistar.pdf November 7, 2013 Tribunal Decision Below you will find the written decision of the tribunal concerning the outstanding matter with respect to the pension plan. Full hearings will commence in December with the final decision by the end of the year or early in the new year. This decision upheld the position of the union as previously reported. To view the full decision please click here October 15, 2013 FST HEARING UPDATE The Financial Services Tribunal (the FST) has dismissed Navistar's preliminary objection that the Deputy Superintendent (Pensions) did not have jurisdiction to make a ruling in favour of plan members with respect to the treatment of banked credited service under Article 7.03(b)(iii) of the pension plan. This means that the FST can move ahead and decide all the outstanding issues regarding the pending partial wind-up on the plan, as they may affect all unionized plan members, including the banked credited service issue. The FST upheld the submissions of counsel for the Deputy Superintendent and the union that the procedure supporting the Deputy Superintendent's ruling earlier this year was fair and unimpeachable. Hearings on all the outstanding issues will resume on December 9, 2013, and continue on December 11-12 and 16, 2013 in Toronto. This is a very positive development by the tribunal and as previously stated Unifor will continue to fight on behalf of the Navistar workers. We will continue to update the membership through the website system. October 2013 Update This is an update with respect to the proceedings underway before the Financial Services Tribunal (FST) with respect to the Navistar Pension Plan. As you will recall, several issues relating to the partial wind-up of the Plan will be determined by the FST this fall. The first day of hearing is set for Thursday, October 10, 2013, at the offices of the FST in Toronto. On that day, Navistar will argue its preliminary objection that the Deputy Superintendent of the Financial Services Commission of Ontario did not have the authority to issue his favourable ruling regarding the treatment of "banked" credited service under Article 7.03(b)(iii) of the Plan. That specific paragraph of Article 7.03 provides certain eligible employees on layoff or sick leave with credited service up to a fixed amount during their time on layoff or sick leave. Navistar pleads that the FST should not deal with the issue regarding the application of Article 7.03(b)(iii). The union firmly disagrees and has responded in writing and will argue in the course of the hearing next week that the Deputy Superintendent of FSCO fairly and properly dealt with the issue of "banked" credited service, and the FST may also confirm the Deputy Superintendent's ruling. Navistar's written submissions with respect to its preliminary objection may be viewed by clicking here. The union's submissions may be viewed by clicking here. The submissions of the Deputy Superintendent of FSCO may be seen by clicking here. As always, we will keep you posted as developments occur before the FST. July 16, 2013 Update - Notice of Hearing Before the Financial Services Tribunal ("FST") There have been a number of former employees/retirees who have contacted the CAW-Canada concerning the Notice of hearing published by the Financial Services Commission of Ontario ("FSCO"). The Notice of hearing must be issued, by law, to everyone who was or is a member/participant in the Navistar Pension Plan, all as part of the partial plan wind up procedure. The partial plan wind up itself is required as a result of the closure of the Company's Chatham facility in July, 2011. The application of special partial plan wind up rules set by Statute law to the circumstances of the Navistar Pension Plan has been a source of controversy between Navistar and the CAW-Canada since the closure. Submissions with respect to the dispute were made to the Financial Services Commission ("FSCO"). Earlier this year the Deputy Superintendent (Pensions) of FSCO issued a ruling in favour of the submissions made by the CAW-Canada. Navistar chose to appeal this ruling to the Financial Services Tribunal. The CAW-Canada supports the ruling and will maintain its support before the FST. The FST has begun its process. Part of the process includes ensuring that every member of the plan has notice of the upcoming hearing. That process of notification will include notices in the Chatham and Windsor daily papers by July 20, 2013. But all this does not mean that every member has to or should attend the hearing. For example plan members currently working at the Navistar parts depot are not affected by this dispute. And those Navistar retirees who retired prior to 2008 are not impacted by the dispute, unless they retired while on layoff or sick leave. The legal and pension departments of the CAW-Canada are actively engaged in this file and continue to act on behalf of all Navistar workers and retirees who were affected by the 2008-2009 layoffs and the closure of the Chatham facility. The CAW-Canada is committed to presenting all relevant evidence and a cogent submission to the FST to insure the favourable ruling of the Deputy Superintendent stands unchanged. The pending hearings are important because they seek to insure every worker/retiree who is entitled to the plan wind up protections of the law receives such entitlements. Please be assured that nothing can happen in the pending hearings which will take away any benefit a plan member currently enjoys or receives. We have every confidence that the final decision of the FST in response to the Navistar appeal will be in the best interest of Navistar members. We believe the Deputy Superintendent's favourable original decision will be upheld by the FST. The FST hearings will occur December 2013. We will continue to update this website as information becomes available. Monday, March 27, 2017 12:27 pm EDT

End Racism
Unifor recognizes the International Day for the Elimination of Racial Discrimination on March 21. Join with the union to show your solidarity against racism and Islamophobia, please find a space in your workplace or Local to post the 2017 anti-racism poster. The annual Aboriginal and Workers of Colour Conference is happening, May 5-7 in Port Elgin, Ontario. This conference is open to members who are Indigenous and/or workers of colour and will give participants tools to fight for substantive equality and for political, economic and social justice. unifor.org/awoc2017 Read and download the statement on the International Day for the Elimination of Racial Discrimination here Download the International Day for the Elimination of Racial Discrimination poster here Monday, March 27, 2017 12:27 pm EDT

Family Education Program
The Family Ed Program is your chance to take your family on vacation to Unifor’s beautiful Centre in Port Elgin, on the shores of Lake Huron. Learn about our union and issues facing workers, while the kids enjoy recreational programs and teens participate in a specially designed social unionism program. Apply to attend one of these sessions:  July 30 to August 6, or August 6 to 13. Registration deadline is March 31. For more info visit unifor.org/family Monday, March 27, 2017 12:27 pm EDT

Women make the union strong
Unifor women are helping to grow the union, as many active organizing campaigns represent the changing demographics of the workforce in Canada. "Women are more likely to find themselves working in precarious employment and in sectors that are hard to organize," said Roxanne Dubois, Unifor National Organizing Representative. "Our capacity to train and involve young women will prove to be essential in welcoming more women to our union." Jennifer Moreau, Vice-President of Unifor Local 2000, started organizing after disruption in the print and newspaper industries led to a reduction in jobs and the local’s membership. With a need to diversify and strengthen the base of unionized work she reached out to workers in British Columbia’s animation, visual effects and game development industries. “This is one of the most exciting, rewarding, high-stakes roles in the labour movement,” said Moreau. “Organizing has such huge impact on people’s lives. It’s very fulfilling to know you’re helping workers in a meaningful, positive way.” Samia Hashi, who helped organize Bell TV members in Scarborough, Ontario, is also actively encouraging union sisters to get involved. Hashi began as a workplace activist, went on to negotiate a first agreement with the bargaining committee, and now sits on the Ontario Young Workers’ Committee. “Just do it! Start anywhere, whether it's in your community, school or Local,”said Hashi. “We often second guess ourselves or don’t give ourselves enough credit for the strengths we do have and my advice is to eliminate that doubt and just get in there. The rest will come.” Monday, March 27, 2017 12:27 pm EDT

Rally to stop sell-off of Saskatchewan Crowns
On March 8, hundreds of Unifor members from around Saskatchewan joined other union members and allies to demonstrate at the legislature in Regina. The rally was called to protest the conservative provincial government’s plans to roll back public sector wages and privatize Crown corporations. “Brad Wall is mistaken if he thinks that the people of Saskatchewan will give up their cherished Crown corporations without a fight,” said Joie Warnock, Unifor Western Director. Earlier in the week Unifor published an animated video that uses the fable of the Goose that Laid Golden Eggs to demonstrate how the Sask Party government’s handling of the Crowns threatens the future of the province. To view Unifor’s Goose that Laid Golden Eggs video visit Youtube.com/UniforCanada. “Saskatchewan Crown corporations save people money every day and help fund hospitals and schools,” said Warnock. Despite explicitly promising to not privatize any of the Crowns during the spring 2016 election, the Sask Party introduced Bill 40 in October and the legislation’s sole purpose is to define the terms of Crown corporation sell-offs. In response to Bill 40 and the attack on public services, Unifor launched the “Stand up for your Crowns” campaign. A petition and other materials are online at myCrowns.ca. Monday, March 27, 2017 12:27 pm EDT


Powered by Bondware
News Publishing Software

The browser you are using is outdated!

You may not be getting all you can out of your browsing experience
and may be open to security risks!

Consider upgrading to the latest version of your browser or choose on below: