FORMAL NOTICE OF GRIEVANCE
DATE: November 20, 2008
| TO GRIEVANCER: |
Mr. Scott Lamont, Vice President (Administration and Finance), Brandon University |
| (Copies to: |
BUFA Executive
Dr. Louis Visentin, President, Brandon University
Mrs. Barbara Smith, Director of Human Resources
Dr. Scott Grills, Vice President (Academic & Research)
Chair and Members, Brandon University Board of Governors
Ms. Kathy McIlroy, Myers Weinberg
Ms Shannon Carson, Myers Weinberg
Mr. John Harvie, Myers Weinberg |
| FROM GRIEVOR: | Brandon University Faculty Association |
| SUBJECT: | Pension Plan Solvency Exemption Election |
| ARTICLES GRIEVED: | The Association takes the position that initiating an exemption violates the Collective Agreement, including but not limited to articles F.7.3 and F.7.4(a), article 2, s. 80 of the Labour Relations Act, the Pension Benefits Act and the University Pension Plans Exemption Regulation. |
| PARTICULARS OF THE GRIEVANCE: |
The Association is aware that the University has notified the Pension Trustees of its intention to be exempt from the requirement to make special payments on solvency deficiencies, pursuant to the University Pension Plans Exemption Regulation.
Article F.7.3 of the Collective Agreement requires the University to make contributions to the Fund "in accordance with the terms of the plan", such terms including the obligation to make special payments towards a solvency deficiency (see article 4.2 of the Brandon University Retirement Plan.) In addition, article F.7.4(a) states that "No changes or amendments shall be made to the Brandon University Pension Plan or the Trust Agreement for that Plan without the prior approval of BUFA." Obtaining a solvency exemption amounts to a very significant change or amendment to the plan, and the University has not sought the prior approval of the Association. To the contrary, the Association has clearly objected to the University obtaining an exemption outside of bargaining, including by memorandum to Scott Lamont dated October 30, 2007. |
| RESOLUTION: |
- A declaration that initiating an exemption without the Association's approval violates the Collective Agreement, the Labour Relations Act, the Pension Benefits Act and the University Pension Plans Exemption Regulation, as set out above.
- An order that the University is restrained from initiating an exemption unless it obtains the Association's agreement, in writing.
- Any such other order that the arbitrator views as just and equitable in the circumstances.
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