Thane Woodside

The applicant requested a hearing before the Financial Services Tribunal regarding the Superintendent's refusal to order the replacement of an allegedly improperly constituted pension advisory committee.

The Tribunal held that it lacked jurisdiction to grant the relief sought, as neither the Pension Benefits Act nor the pension plan required the establishment of an advisory committee, and the letters of understanding regarding the committee were part of the collective agreement but not incorporated into the pension plan.

The applicant requested a hearing regarding the constitution of a pension plan's advisory committee.

A pre-hearing motion was held to determine whether separate notice of the jurisdictional hearing needed to be provided to former members of the plan.

The Tribunal found that the union's acknowledgement of its fiduciary duty to represent all members, including former members, was sufficient.

The Tribunal declined to order additional notice to former members.

The applicant employer sought a cease and desist order against the respondent union and its official for establishing a picket line at a construction site over a jurisdictional dispute.

The applicant argued the picketing was intended to induce an unlawful sympathy strike by other trades.

The respondents claimed the picketing was informational and protected by the freedom of expression guarantee under the Charter.

The Ontario Labour Relations Board found that the picketing was a call to action intended to cause an unlawful strike, which is not protected by the Charter.

The Board issued declarations and directions ordering the respondents to cease and desist from picketing and encouraging an unlawful strike.