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Legal Letdown in CCWIPP Class Action
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Legal Letdown in CCWIPP Class Action
Legal Letdown in CCWIPP Class Action
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| wm pasz |
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Joined: 29 Jan 2006 Posts: 1219 Location: Toronto |
Retirees pursuing a class action lawsuit against the CCWIPP pension plan's trustees and contributing employers have hit a bump on the road. We've got some words of encouragement.
_________________ Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X |
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| weiser |
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Joined: 30 Jan 2006 Posts: 190 Location: Chilliwack |
The CCWIPP case is fundamentally different than the Concordia case. Not all CCWIPP members are union members covered by Collective Agreements. Likewise, the CCWIPP has members in all 10 provinces covered by hundreds of collective agreements. And as WM points out, retirees are not union members and are not covered by the CA.
Anyway, it ain't over 'til it's over. |
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| SharynS |
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Joined: 28 Jan 2006 Posts: 2881 Location: the 'puter |
Quote: Lawyers representing the retired members are bailing off the case citing a recent decision of the Supreme Court of Canada... _________________ Free speech is the whole thing, the whole ball game. Free speech is life itself. - Salman Rushdie |
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| weiser |
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Joined: 30 Jan 2006 Posts: 190 Location: Chilliwack |
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| wm pasz |
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Joined: 29 Jan 2006 Posts: 1219 Location: Toronto |
I've been hunting around www.canlii.org and have come across a couple of decisions that seem to make it rather clear that the OLRB does not deal with complaints by workers against pension plan trustees. These are
Jaik v. IBEW and Cooper v. Asbestos Workers. Really, I have not idea what useful purpose would be served by anyone taking such issues to this venue. The Board is quite clear in saying that "Section 74 [the DFR section] of the Act relates to the union’s obligation to represent employees in a bargaining unit in their employment relationship with their employer." and that complaints that involve pension and benefit trustees are not within its jurisdiction. _________________ Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X |
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| weiser |
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Joined: 30 Jan 2006 Posts: 190 Location: Chilliwack |
It's obvious that the lawyers weren't about to work for their supper. In my opinion, this case was never going to court in the first place. I believe that the exercise was "see how much juice we can squeeze from this lemon without going to court and laying out any disbursements." It was obvious that there would have to be some court time and some disbursements, so when the going gets tough, the ambulance chasers run for cover.
That being said, I at least expected the lazy buggers to give the CCWIPPshits a lap or two 'round the courthouse before folding. I'd say "shame on them" but I don't think they are capable of being shamed. This case will go forward. Hey! Maybe Buzz and the boys will fund an honourable law suit. |
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