Syndicat des journalistes de Radio-Canada ( CSN ) v. Canadian Broadcasting Corporation
T-502-96
Noël J.
5/5/97
11 pp.
Application to set aside decision of Superintendent of Financial Institutions upholding exclusion of contract employees of Canadian Broadcasting Corporation (CBC) from CBC pension plan-On November 21, 1994, Syndicat des Journalistes de RadioCanada sent request to Superintendent asking him to include contract employees of Corporation in CBC pension plan-Contract employees perform services under term contracts and assigned to current and public affairs programs, while "regular" employees hired for indefinite periods and assigned to newsrooms-On January 12, 1995, Superintendent decided that contract employees of CBC not eligible for CBC pension plan-Issue whether Superintendent entitled to conclude contract employees not eligible for membership in pension plan under Pension Benefits Standards Act, 1985, s. 14-Eligibility for membership in plan only where person hired by CBC for indefinite period-Common ground contract employees hired for fixed periods and pension plan reserved under terms of plan for employees hired for indefinite period-Whether CBC entitled to make distinction under 1985 Act in order to circumscribe eligibility for membership in its pension plan-Distinction made by CBC relating not to length of term of contractual relationship but to nature of relationship-Fixed term employment contract, regardless of how long term, involves rights and obligations different from those on which relationship with indefinite term based-Element setting type of contract apart not length of term, but fact term fixed in advance and agreed between parties-1985 Act silent as to class of employees employer may select for purposes of establishing pension plan-For purposes of collective agreement, union has acknowledged distinction made by employer in establishing pension plan-Therefore difficult for union to argue distinction made by CBC not meaningful or does not in fact exist-Superintendent entitled to refuse to include contract employees in CBC pension plan-Application dismissed-Pension Benefits Standards Act, 1985, R.S.C., 1985 (2nd Supp.), c. 32, s. 14.