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Legal Letdown in CCWIPP Class Action

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wm pasz
Post Posted: Sun May 06, 2007 8:58 pm

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.

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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
Post Posted: Mon May 07, 2007 2:15 am

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
Post Posted: Mon May 07, 2007 2:47 pm

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...
fucking interesting given the list of players and the list of relevant cases the a_team could have dug up and cited. Rolling Eyes

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weiser
Post Posted: Mon May 07, 2007 3:18 pm

Joined: 30 Jan 2006
Posts: 190
Location: Chilliwack
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wm pasz
Post Posted: Mon May 07, 2007 7:23 pm

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
Post Posted: Mon May 07, 2007 8:00 pm

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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