Canadian Air Traffic Control Association and Treasury Board (Transport Canada) and Nav Canada

169-2-588

  • Before: M. Korngold Wexler
  • Appearances: P. Barnacle and D. Lewis, for the Bargaining Agent; H. Newman and P. Brethour, for the Employers
  • Decision Rendered: 1997-07-30

Subject terms:

Policy grievance – Check off – Air Traffic Controllers – Miscalculation by employer over a six-year period resulted in underpayment of union dues to bargaining agent – Remedy – in a decision issued on July 14, 1997, the Board ordered the employers to collect the union dues owing from their respective employees and to remit them to the bargaining agent – the Board reserved its decision regarding liability for any amount owing which could not be recovered by the employers – the bargaining agent claimed that, in light of the employer's obligation under the collective agreement to collect union dues from employees in the bargaining unit and remit them to the bargaining agent, the employer should be liable for any loss resulting to the bargaining agent arising out of its failure to do so – the employers relied on a broad indemnity clause in the collective agreement relating to the collection of union dues to claim that they could not be held liable for the failure to collect and remit the correct amount of union dues – the Board stated that a review of the jurisprudence established that, where the employer errs in check off of membership dues, it bears the responsibility and must remit to the bargaining agent the monies it ought to have deducted from the employees – the Board concluded that the indemnity clause could not be utilized by the employer to indemnify itself against its own breach of the very agreement and obligation it agreed to.

Grievance allowed.

Case cited: Canadian Union of Public Employees, Local 1251 (New Brunswick Council of Provincial Institutional Unions) v. New Brunswick (Treasury Board), [1977] N.B.P.S.L.R.B. No. 6 (New Brunswick Public Service Labour Relations Board).