Does a new collective agreement have to retroactively apply benefits?
Canada (Federal), Canada
The following excerpt is from Public Service Alliance of Canada v. Parks Canada Agency, 2019 FPSLREB 85 (CanLII):
In IUOE, Local 987 v. Yellowhead (Rural Municipality) (2018), 138 C.L.A.S. 38 (“Yellowhead”), the issue was the retroactive application of benefits that were provided in a new collective agreement. The new agreement followed the merger of two bargaining units. It offered terms that in some cases were more advantageous and in some cases less advantageous than the employees had enjoyed under their previous collective agreements. The parties had specifically negotiated a letter of agreement addressing the retroactive application of the new collective agreement, as it had not been signed by its effective date.
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