Court upholds OPSEU members' "superior" benefit coverage

In a recent decision, the Superior Court upheld an Arbitrator's award that required the Brockville Psychiatric Hospital to pay for pension and benefit coverage for employees on long-term disability. This coverage offers significant assistance to disabled employees, and extends a longstanding benefit enjoyed by OPSEU members in the Ontario Public Service.

In October 2000, the Ontario Government transferred the BPH from the public service to the broader public service. Before this transfer, the collective agreement required the Government to pay for pension and benefit coverage on behalf of disabled employees. But after the transfer, that collective agreement no longer applied.

To finalize a new collective agreement, OPSEU submitted to Interest Arbitration. On the issue of the LTD plan, the Arbitrator awarded the BPH proposal to maintain the "current plan" in place at its other facility, the Royal Ottawa Hospital. However, when it came time to finalize the collective agreement, the BPH stated that the plan required employees to pay for their own pension and benefit coverage. This requirement had never even been raised before the Arbitrator.

OPSEU asked the Arbitrator to issue a supplementary award to address the issue of pension and benefit coverage for employees on LTD. The Employer fought the request, but the Arbitrator agreed to consider the issue. Then, noting that the issue had not been raised by the BPH at any time, the Arbitrator found in OPSEU's favour and required the employer to pay for the coverage.

That should have resolved the issue, but the BPH filed for judicial review, asking the Courts to review the decision of the Arbitrator. And while the court case was ongoing, the BPH refused to pay for the pension or benefit coverage. As you probably know, employees on LTD often can't afford pension and benefit premiums, and must either give up coverage, or do without other necessities to get by on their reduced incomes.

The court case raised a number of legal issues. Following a review, the Court concluded that the Arbitrator had both the statutory duty and the legal right to address the issue of pension and benefit coverage. The Court then upheld the Arbitrator's award, adding that the Arbitrator honoured one objective, to "protect the superior conditions of employment" enjoyed by OPSEU members at the BPH.

With this decision, disabled employees at the BPH have won improved pension and benefit coverage. Hopefully, this decision can support other bargaining units in their effort to win fair protection for disabled workers.

Our thanks and appreciation to David McDougall, President of OPSEU local 439, Laurie Brown, Staff Representative, and our legal counsel, Elizabeth MacIntyre, of Cavalluzzo Hayes, for all their work on this case.