Loading...
HomeMy WebLinkAbout1975-0009.Irwin.76-02-109175 CROWN EMPLOYEES GRIEVANCE SETTLEMENT 416/965/1410 BOARD M?A 125 IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: Mr. R. Irwin And The Ministry of Health (Hamilton Psychiatric Hospital) Before: D.M. Beatty - Chairman G.K. Griffin - Member P.A. Sigurdson - Member For the Grievor (The Grievor) (The Employer) ; Mr. S. Goudge~ - Counsel Ontario Public Service Employees Union For the Employer Mr. L. Jarvis - Personnel Officer Hamilton Psychiatric Hospital Ministry of Health Hearing Westbury Hotel, Toronto, Ontario, January 22, 1976 . 1. The grievance brought t.ythe Union on behalf of Mr. R. .Irwin before this Board raises a rather narrow and unique issue as to whether the employer is required to make certain pension contributions on behalf of Mr. Irwin. There being no challenge to this Board's jurisdiction nor to the procedure by which this claim was being asserted, the circums~tances giving rise to this qrievance, which were also not in any material sense in dispute between the parties,may be briefly summarized at the outset:, -?_ Mr. Irwin was, during the period he was on the Ministry's active payroll, employed as a Buildings Cleaner and Helper 2R at the Hamilton Psychiatric Hospital. However, owing to an arthritic spinal condition Mr. Irwin was. not able to perform his regular duties and accordingly was required to leave work as of May 14, 1974. It is agreed, for purposes of this award that since-that date he has remained off work' until the present and that there is little likelihood that he will ever be able to return to any gainful employment with this Ministry. However, when Mr. Irwin had been off work as a result of his physical disability for a period of six months he became,entitled to certain benefits pro- vided for under the Long Term Income Protection Plan (L.T.I.P.) which is set out in Appendix 5 of the Master Collective Agreement. Thus on February 17, 1975 Mr. Irwin beganto receive certain payments under the L.T.I.P. plan which were made retroactive to and effective from November 14, 1974,, which was the date he had satisfied the six month waiting period under the L.T.I.P. progratnne. There is not new, nor has there ever been, any dispute as to Mr. Irwin's right to receive those payments. _I 2. What is in dispute and is at issue in this grievance brought by the union on behalf of Mr. Irwin, is whether in addition to those disability payments, the employer is also obliged to make certain pension contributions on behalf of Mr. Irwin from and after November 14, 1974 being the period he was in receipt'of the L.T.I.P. disability benefits. In this regard, there is no dispute that Mr. Irwin is not entitled to have the employer make these pension contributions for.the period from when he actually left the employer's active ~payroll on : July 1, 1974 until November 14, 1974 when he"~qualified for the L.T.I.P. i ,. programme. Further, there is no dispute that because of certain sick leave and other credits, Mr. Irwin was kept on the active payroll until June 30, 1974 and the employer did make the necessary pension contrib- utions from May 14, 1974 until that time: It is, however, the union's claim that on qualifying for the L.T.I.P. programme on November 14, 1974, Mr. Irwin was entitled not only to receives the disability'benefits, but _ "~ as well to have the employer make the required pension contributions on ~,~ his behalf for such time as he qualified under the L.T.I.P. programme. The positions of the parties with respect to this issue were, on their face, equally succinct and straightforward.~ In essence, the basis of the union's claim lay in what it described'as the plain language of Appendix 5 of the collective-.agreement referred to above. That agree- ment, having.its genesis in an interest arbitration award dated June 12, 1974 was made retroactive to and bears the effective dates of October 1, 1973 .until September 30, 1975. That appendix dealing generally with "Employee Benefits" provides in one of its parts for a Long Term Income Protection Plan in the following terms: .Lony Term Income Protection The employer shall pay, effective with the implementation of the new plan, seventy-five percent (75%) of the monthly premium of the Long Term Income Protection Plan (L.T.I.P.) The L.T.I.P. benefit is sixty-six and two-thirds percent (66-2/3%) of qross salary reduced by the total of other disability benefits payable under any other plan toward which the employer makes a contribution, payable until the employee recovers, dies, or reaches 65 years of age. The employ'er will provide a continuing accrual of normal ~retirement benefits while the employee receives L.T.I.P. benefits under the new plan. The employer shall grant leave-of-absence with pay up to 15 days in any attendance year to an employee who has exhausted his attendance credits, vacation credits, overtime credits and U.I;C.-credits prior' to becoming eligible for L.T.I.P. benefits, and the period of the leave shall .'be deducted from future credits which he may acquire through subsequent employment. A record of employment if required in order to claim Unemployment Insurance Conmission sickness and disability benefits'will be granted to an employee and this document shall not be considered as termination of employment. The union's position, Avery simply,is.that pursuant to the third paragraph described above, Mr. Irwin, beinga person who was in receipt of L.T.I.P. disability benefits, was manifestly entitled amongst the other benefits described therein to have the employer "provide a continuing accrual of normal retirement benefits" for so long as he continues to receive L.T.I.P:benefits. That is, the union argued that until such time as Mr. Irwin recovers from his disability, dies or reaches 65 years of age, the employer is obliged to make the required contributions towards his normal retirement, benefits. In short, it was the position of the union that regardless of Mr. Irwin's employment status, his right i ! 4. ? ;i ! ! ! 4. to oblige the employer to make the necessary pension contributions was, by the terms of the agreement, made conditional upon the single criterion of whether he fell within the ambit of the L.T.I.P. programme which, as noted, was not denied by the employer. The basis on which the Ministry denied the claim made on Mr. Irwin's behalf, both in reply to this grievance and at the hearing, ,was founded on what it conceived to be equally clear and compelling language which is contained in certain legislative enactments. In the first place the Ministry referred this Board to s.l7(l)(b) of The Crown Employees Collective Bargaining Act S.O. 1972c.135 as amended which provides: 17 (1) Every collective agreement shall be deemed to provide that it is the exclusive function of the einployer to manage, which function, without limiting the generality of the foregoing, includes the right to determine, (b) merit system,'&ining and de&lopment, appraisal and superannuation, the governing principles of which are subject to review by the employer with the bargaining agent, and such n&atter.s will not be the subject of collective bargaining nor come within the jurisdiction of a board. In addition the, Ministry directed this Board's attention to s.20a(2) of The Public Service Superannuation Act R.S.O. 1970 cl35 as amended, which stipulates: 2Oa. (1) in this section, "approved long term income protection plan" means a plan established pursuant to The Public Service Act. (2) ~Where a contributor who is not in receipt of an allor+mce or annuity under this Act and whose disability 5. was incurred on or after the 1st day of July, 1974 .has qualified for a benefit under an approved long term income protection plan, whether or not he is in receipt of such benefit, a contribution shall be made to the Fund on behalf of the contributor, out of moneys appropriated therefor by the Legislature, for each month or part of a month in respect of which the contributor continues to qualify for such a benefit and the contribution shall be 6 per cent of the.salary authorized to be paid to <he contri- -. butor in the month ,immediately prior to the month in which he qualified for the benefit. ~.' It is a matter of record that s.20a of this latter Act.was enacted in S.O. 1975 C73 s.10 and was deemed to come into force on January 1, 1975. Put simply, it was the position of the employer.that these tro sections precluded the union's claims that Mr. Irwin was entitled to accrue pension benefits..awhile he was on the L.T.I.P. prograrrme. That is, the employer argued that by virtue of 5.17 (1) (b) of The Crown Employees Collective Bargaining Act "superannuation" is a matter within the' exclusive prerogative of the employer a@ as wel,l may not be the subject of collective bargaining nor come within the jurisdiction of's board. Further, and by virture of s.ZOa (2) of The,Public Service Superannuation Act, the Ministry argued that it was-manifest, in providing for the contribution by the employer, to anemployee'spension fund, that the Legislature has specifi.cally limited.the employer's obligation to make such contributions to those persons whose disability "was incurred on or after the lst.day.of July, 1974". Thus, s.20a(2) being the only basis.an which.the claim made on behalf of Mr. Irwin.could be asserted by virture of's.l7(l)(b) of The - Crown Employees Collective Bargaining,Act, it necessarily follo&d he had not met the condition setout in s.20a(2) and therefore was not 6. entitled, to the accrual of pension benefits while he was in the L.T.1.P . programme. Indeed and to demonstrate .the consistency and cogency of his. argument, the employer conceded that had Mr. Irwin's disability occurred on or after July 1, 1974 rather than on Fnay,l4., 1974 the employer would have been obliged to make the.required contributions. In fact that concession is also implicit in the reply to the'grievance sent by Mr. R. Oss, the Ministry's Director of Personnel, on November 28, 1975 in which reference is made to s.2Ca (2) and'to the date of Mr. Irwin's disability. i ..~ The issue then is clearly drawn by the respectivepositions 7&y, of the parties. In one sense, the grievance appears to throw into sharp relief'an apparent conflict between the provisions in the collect- ive agreement on which the union relies in asserting its claim and the legislative enactments to which the employer turns to justify its denial of this grievance. On closer analysis, however, we believe that such a tension is more apparent than real. That is we are of the view that when-each of these provisions is carefully considered they ._ can be reconciled both in their language and in their effect. ._ In the first place, aswe have noted, the employer's rejection . of this grievance is ultimately founded on the fact that Mr. Irwin's disability was incurred prior to the operative date which is set out in s.2Oa (2) of The Public Service Superannuation Act and on which entitlement to-the accrual of pension benefits is conditioned. As we have described, the necessary and logical corollo~ry to that assert- ion and which is implicit in Mr.. Oss's reply to the grievance and I. which was made express by the employer at the hearing is that had Mr. Irwin's disability occurred on or after July -1, 1974 her would have been entitled to claim the pension contributions~the bunion is seeking in this present grievance. However, it is apparent from.s.20a(2) that the operative date of July 1, 1974 only applies to persons who have qualified for a benefit under an "approved long term income protection plan". In turn, s.2Ca (1) of the same Act provides that such a plan means a "plan established pursuant to The Public Service Act". When reference is made to that latter Act, the.only express referenc~e to such plans is contained in the Regulation section, which provides: ,;,,.: 29. (1) ~The,Conmission, subject to the approval of the Lieutenant Governor in Council, may make regulations, (g) prOvidiiIg for the establishment of plans for group life insurance, medical-surgical insurance or long-term income protection insurance; In turn and following this circuitous route that has been mapped lout by the 1egislature.a review of the regulations passed under that Act reveals that 0. Reg. 1013/75 being a regulation to amend Regulation 749, R.R.O. 1970, and which was approved on December 17, 1975, does indeed contain a specific reference in Part VI, ~~85-86 to a Long Term Income Protection Plan. However, and what is even more critical to the determination of the grievance before us, is s.68 of those same regulations. In that latter section, and more particularly in part (e) qf that section, it states: 8. Part VI BENEFITS 68. In thisPart, (e) "employee" means a civil servant who is not within a unit of employees &stab- lished for collective bargaining in accordance with any Act; In short, 5.68 (e) of these regulations expressly provides that persons such as Mr. Irwin,,who is without questibn a civil servant who is in a' unit of employees established for collective bargaining, are not covered by nor entitled to claim under the Long Term Income Protection Plan provided for in ~5.85 and 86 of these same regulations. Necessarily then when.S.:O, 20a(2).refers to a contributor whose disability has qualified them for a benefit under an approved long term income protection plan it is referring to a plan which by virtue of s.20a(l) of The Act and ,s.68 of O.Reg. 1013/75, manifestly does not and can not apply to Mr. Irwin. That"conclusion in turn must inevitably lead~one to the conclusion that the disability date of July 1,.1974 which is made a condition precedent to entitlement,~to the pension rights provided for in s.20a(2) apply to a long term income protection plan which by its plain terms, has no application to Mr.-Irwin. kven the employer's concession that but for the July 1; '1974 disability qualification date ,' set out in,'s.20a Mr. Irwin would have been entitled to the accrual of pension credits, it must follow, on that ground alone, that this grievance must succeed. Very simply, in light of the employer's candid admission noted above, once it has been determined that the July 1, 1974 qualification date applies.to persons who are on a long term income protection plan which by its express terms has no application to persons such as'~Mr. Irwin, it is manifest that the qualification date which is part of those same plans cannot be raised to bar the claim being made on behalf of Mr. Irwin. There being no evidence before this Board, and the employer's and Mr. Oss's concern would suggest that such evidence does not exist, that the LiT.1.P. plan described in the collective agreement and under which the claim on behalf of Mr. Irwin is being made, has no similar qualification date, it must follow that this grievance is entitled to succeed. In the circumstances of this case the reasoning above is sufficient to dispose of the Union's grievance.. However; and in fairness to the.parties, there is at least one other basis on which the same result can and must be supported. As we have described it was the position of the Ministry that regardless of the meaning of the paragraph in the collective agreement on'which the union relies to support its claim, such a provision, being a matter of superannuation, must be said to,,be of no force and effect in light of the statutory prohibition in s.l7(l)(b),of The Crown Employees Collective Bargaining Act against bargaining about such matters. On this level of analysis - the determination that faces this Board ultimately requires us to characterize the' purpose and effect, or the "pith and substance", of the relevant provision in the agreement to determine 'whether it is more properly to be regarded as a matter relating to long term income protection or to superannuation. That is if the paragraph in question were to be characterized as one feature of a long term income protection .~ :.- programme, then by virture ofs.6 of The Crown Employees Collective Bargaining Act manifestly it would be withinthe competence of the / ! 10. parties to negotiate such a provision. However, if it were'determined that such a clause was more properly to be regarded as dealing with matters of superannuation, then equally clearly an issue would arise as to the legal effect of the statutory pronouncement in s.l7(l)(b). In making such a determination, the analysis to be applied by this Board is one that.our courts and other administrative tribunals such as ours are commonly called upon to make. In such a case, the court or tribunal his required ultimately to make a determination as to the true or fundamental nature or character of the document or legislative enactment which is in issue before them. Commonly arising in but not limited to in cases testing the constitutional validity of certain pieces of legislation, it is said that the adjudicator's task is to determine the "pith and substance" of then legislation before them. Recognizing that there is a strong analogy between then function performed by the courts in passing on the "pith and substance" of a piece of legislation and the task performed in other context when the true nature of a document or other writing.% in issue,it is instructive to make reference to the following passage in Laskin's Canadian Constitutional Law, Abel (ED) Revised fourth edition,~where at page 98 the authors state: Each measure has its own. 'matter'. That quality has been well-described as a concern with 'the pith and substance' of the statute. The working out of what the notion expresses should be the first step in resolving issues of legislative competence in the Canadian.consti~tutional scheme. All too often recognition that this is what is involved has led immediately to a characterizing conclusion without'any 11. . connecting demonstration. Good as it is for intuitive judgments to state accurately what they are being intuitive about, that they are intuitive is a basic flaw. We need to know how the conclus- ion about a law's pith and substance was arrived at. In having its distinctive 'matter,' its own pith and substance, a statute is just like any other' written text. True, it is distinguished among written texts as being one which is an expression, of legislative will. E&t, for determining the 'wtter,' not that specific feature but its generic character is relevant. Like any written text, its m3tter depends on what it says read in the context in which it speaks. . _ Before ruling whether a trust is charitable or not with whatever consequences ensue, it is the regular practice toinvestigate what kind of provisions it makes for whom. The operative consequences of its particular term are explored before determining whether a writing yives rise to a sale or a security arrangement. The tenor of its own particular claims falls to be assessed where the scope of protection under a patent is.to~be determined. Always the pith and substance,~the 'matter' of the writing is a threshold inquiry, which precedes and should proceed independently of the content of the competing legal categories whose application flows from it. Indeed the'same processes are appropriate for any writing whether with or without a legal bearing. Whether for sermons, statutes, sonnets, surety bonds, or scientific reports, epitomization, however..various in purpose, is achieved the same way. Applying that method of analysis to the provisions of thecollective agreement referred to at the outset of this award, it is manifest to this Board that by their terms, those paragraphs including the one in issue in this grievance, plainly are matters whose "pith and substance" pertains to long term income protection rather than to superannuatjon.--:On-:one level, and in the context of Appendix 5 generally and of these particular paragraphs, it appears to this Board that taken as a whole, the paragraphs quoted simply describe 12. various features that are part of the long term income protection. plan agreed to by the parties. On this level the first paragraph of the agreement stipulates the cost sharing arrangement between employer and employee for the plan; the second describes the amount of dis- ability income to which persons who qualify for the programne will be entitled and for how long; the third being another form of income :.. protection, provides for the continued contribution to pension benefits by the employer for such persons who are in the programme; the fourth again in the nature of income protection guarantees such persons certain benefits prior to their becoming eligible for the payments under. L.T.I.P. and the final paragraph pre~serves some employment security for persons suffering from such severe disabilities. Common to each of these paragraphs is that, as a package, they attempt to provide in various ways for long term income protection for persons who are seriously disabled. From this perspective in one sense the paragraph in issue simply provides a particular form of income protection for persons who are eligible for the L.T.I.P. disability benefits described in the preceding paragraph. Put another way, the third paragraph simply preserves the employment status of such persons as if they were active employees, for'purposes of accruing pension benefits. Looked at from still another perspective, the operative consequences of its terms are limited to persons who are in receipt of L.T.I.P. benefits and provides that the employer is obliged to continue to make the required contributions to their normal pension or retirement benefits as if they~were active employees. Put negatively, nowhere in this part of-the agreement generally, nor in the third paragraph in particular . + 13. (8.:~ @J i have the parties purported to negotiate the substantive terms of a superannuation plan such as the cost sharing arrangement, the level of contributions, the age or terms on which persons become entitled to, or disqualified from, the superannuation programme, or the methods ~by which the pension is to be calculated orannuities constructed. To the contrary all of these fundamental and core provisions which~ could be said to be the "pith and substance" of superannuation are accepted ~~ as given hy the parties in the phrase "normal retirement benefits". Very simply rather than embracing the substance of a superannuation ;,:::y, plan, this paragraph seen in the context in which it appears, while ,qii:-. 5.;::J admittedly having incidental effects which relate t0 superannuation, ~.X nevertheless has as its pith and substance the matter of providing a number of different and in one sense disparate forms of income protect- ion for persons who by their disability have qualified for the L.T:.i.P. disability programme. That is and just as these provisions in the agreement presently provide for certain rights, beyond the actual disability payment, includ.ii$ certain benefits even before one is eligible for L.T.I.P., so too the parties might well have logically . a~nd rationally included in this section of "employee benefits" the right of such persons to personally grieve certain matters with respect to their disability benefits or to accumulate seniority credits during the period they remain in the L.T.I.P. programme. Such provisions, conmon in the ~private sector,must as the passage quoted above advises, take their meaning from the context in which they are found and would not, we believe, be properly characterized as '!gt-ievance" or "seniority'! matters mereiy because they may incidentally and I' necessarily pertain to seniority or grievance rights. Again we would 1 4 . advert to certain passages in Laskin's Canadian Constitutional Law which~, given the earlier passage quoted above, we'believe are useful in ana.lyzing the problem at hand. In these latter passages in asking the question of whether one should, in determining the character of a particularpiece of,lepisl'ation (or document), focus on the whole of the document or rather on particular passages in issue between the parties, the authors advise, (p.98-99): A topical catchword seldom if indeed ever adequately specifies the "netter" of a statute. That exercise is inherently more complex. It amOunts to an abstract of the statute's content, i&taxing the subjects or sit- uations to wh~ich it applies and the w2ys it proposes to govern them, spelled out sufficiently to inform anyone asking, 'What's it all about?' .,Narrow statutes admit of sharper answers to that question; comprehensive 0ne.s demand broader and more generalized ones; but in either case there normally will be some central theme which can be appropriately paraphrased to complete the sentence. "This Act provides . _ .' Matter" is synonymous with the true, .full, and exact summarization which does so.... The typical statute is a composite, assembling nany specific and detailed provisions into a si~nqle package, separating them into parts and sections, each with its own norsel~ of meaning. Since'ordinary litigation arises out of the attempt to apply some one provision and even many references have addressed themselves especially to desiqnated.portions, one must start by settling OR the pith and substance of what is relevant.. ..:' The alternatives are to view the statutg'as an integrated -whole or to disaggregate it,into components of any desired size. Is one inspecting the forest or the trees? Whether th& gaze is to be fixed intently on a section banning the manufacture, selling, keeping, or offering for sale, or importing of margarine or whether the field of vision shall instead t+e in a qreat~sprawlinq statute concerned with many phases of and operations in .the~ pro- cessing for market and narketinq of dairy products may be decisively important. No discernible general logical compul~sion favours either the broad or the narrow approach. ,*%he presumption of constitutionality - more talked about in the united States than in Canada - may here find its place. In any given case choice is for the court and lies within the large realm of judicial discretion where demon- stration of error is difficult. What is blanxzable is the very general failure to indicate the existence and nature : 15. of the alternatives with the fullest possible exposition of reasons for preferring one, a failure rather aggravated than excused by unawareness. . . . . And finally, in a passage particularly relevant to the grievance before us the authors state: (p. 100) -. Conversely, although. the pith and substance of the whole statute be such as to come within-an available class of subjects, the separately considered matter of a particul- ar provision might not. What governs? Does the good redeem,.perish with/or survive the bad? The principle of redemption underlies the doctrine of ancillariness. The doctrine of severability comes into play to determine the issue of quilt by association or salvation by dis- sociation. While both ancillariness and severability are familiar terms in Canadain constitutional discourse, with neither perhaps has its significance been clearly enough recognized as being in connection with defining the relevant 'matter'. Some attention to each is in order. The ancillary doctrine is used when the pith and substance of the whole statute has been defined so as to legitimate it, never to make the 'matter' of a particular provision spill over onto its companions. Adverted to nxxtly but not only in connection with federal legisl~a tion, it applies, after a statute has been read as in pith and substance dealing with matter found to c&e within an allowable class of subjects, to validate component provisions which (by hypothesis or prima facie) looked at alone, deal with matter having a more dubiotis status.. In effect.it polarizes the statute so that no part of.it is conceived as having an independent direction but all are seen as pointed toward the one central IlEtter. It has been criticized as an unnecessary and insubstantial complication. If it be understood as sanctioning a shifting around of the boundaries of classes of subjects to suit occasional convenience (a reading which the context of its use at times suggests), the criticism is apt. But if, as is my submission, its Office is in connection with definition of the 'matter' of the statute, for that purpose supressing the special tendencies of special provisions and treating all of them as merely elements in the common structure, 'it is intellectually serviceable. under what circumstances that will be done is another. question, resembling and..sometimes blurred into that.already noted of whether to look to the nxtter of the whole statute or of the Golated provision as the key question and, like it, leaving much room for judgment. . ,,. ! In sum and to paraphrase those quoted passages we are of the view that the true, ~full and exact character of these provisions are a series of protections secured by the union for persons suffering from long term disabilities. The paragraph in dispute merely seeks to protect such a person's income, for purposes of his pension, by, in effect, requiring the employer to treat the period he is part the L.T.I.P. programme as if it were a period of active employment for the purposes of discharging their obligation to pay the required pension contributions for their staff. Given the presumption of "constitutionality" described above, which in this context would translate into a presumption thats.l7(l)(b) on the one hand and s.6 and~this paragraph on the other can co-exist and not conflict; demands the conclusion that the parties have in the disputed paragraph simply qbliged the employer to make the required normal pension contri~butions to persons who are eligible for the L.T.I.P. programme : as if they were still gainfully and actively employed. It is in its essence simply another form'or manner in which.the income of such persons can be protected. That presumption of co-existence,- / together.with our determination as to the "pith and substance" of this portion of theagreement has in effect led us to reject.what is implicit in the Ministry's argument that the disputed paragraph is independent of and.severable from the other provisions in the agreement which also deal with long term income protection for severely disabled persons.To accede to the Ministry's conclusion would, we believe, be to misconstrue the pith and substance of'the provisions in the agreement dealing with long term income protection and would require one to . . 17. focus on a single paragraph in this section of the agreement, to the exclusion and indeed denial of the context in which it arises. In the result and for either of these reasons we have determined that this grievance must succeed. Although there wassome suggestion at the close of the hearing that the parties might not beg agreed as to whether the phrase "normal retirement benefits'! included the obligation to provide paid pension contributions, on the evidence before this Board, in particular Pr. Oss's letter of November 28, 1975, and indeed on the agreed statement of facts, we can only conclude that the parties did intend to include such benefits in the phrase "normal retirement benefits". Further, and if our conclusion that on the evidence before us there was such a shared intention to make such contributi,ons for persons such as Mr. Irwin is erroneous, that fact will make itself .. apparent when the parties are in receipt of thisaward and seek to implement its findings. In this respect, although we were assured ~'. it most probable that the parties,wouTd be able to compute the sums due .~ I and payable by the employer.on behalf of Mr. Irwin we were asked and will retain jurisdiction to resolve any dispute with respect to the implementation of this award should,that prove necessary. In the result and for the reasons given, this grievance must succeed. Accordingly we would order the employer to make those pay- ments towards Mr. Irwin's normal retirement beneifits from November'l, - 1974 and to continue to make those contributions as awardrd for in Appendix 5 of the collective agreement. Dated at Toronto this 10th day of February 1976. . I D.M. Beatty Chairman I concur G.K. Griffin Member I~ concur P.A. Sigurdsori Member