The union filed a grievance alleging that the employer failed to apply a 'time and one-seventh' shift differential when calculating pension, welfare, and union dues contributions for second-shift workers.
The Ontario Labour Relations Board held that the shift differential applied to all 'per hour paid' benefits, not just base wages.
Although the Board found it had jurisdiction to remedy breaches under prior expired agreements, it limited the retroactive remedy to the current and most recently expired collective agreements.
The Board reasoned that the union's failure to verify the calculations or raise the issue for over eight years demonstrated an indifference that made full retroactive recovery inequitable.
