Is section 9(d) of a collective agreement required to include a health and social care plan?
British Columbia, Canada
The following excerpt is from United Food and Commercial Workers Union, Local 1518 v. 563769 B.C. Ltd., 2010 BCSC 17 (CanLII):
In that decision the LRB states that section 9(d) of the collective agreement “… is the type of clause that is recognized in labour relations as requiring only the provision of a plan, rather than making arbitrable the specific benefits and disputes over eligibility for them.” This is an example of the particular expertise developed by the LRB that warrants deference or “… respectful attention to the reasons offered ... in support of a decision” (Dunsmuir v. New Brunswick at para. 48).
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