November/December 2004
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This result follows a long trail comprising firstly of the acquisition of Winnipeg Hydro by one of Local 2034’s employers, Manitoba Hydro, in the spring of 2002. From that moment Local 2034 began meeting with the representatives of CUPE 500 with a view of the final objective in mind.

Local 2034 worked with the employer and CUPE to ensure that our Collective Agreements were harmonized where necessary while both groups of employees would be working along side of each other and so that the eventual turn over would be seamless for the employees coming to Local 2034, and of course painless for the existing Local 2034 members.

The merge began with the slotting of former CUPE classifications into existing IBEW classifications, adding new classes when necessary and concluding with the holding of informal meetings with both groups of employees to answer questions, calm fears, and promote solidarity.

This merger opens up many, many positions for existing members within the City of Winnipeg, which previously were not our jurisdiction. In addition, it gives the former Winnipeg Hydro workers access to rural positions, promotional opportunities, and training.

Local 2034 was already the largest bargaining group on the Manitoba Hydro premises, but we are pleased to welcome more members into the Union of Hearts and Minds.

An arbitrator has ruled that former coal miners in Cape Breton, Nova Scotia are entitled to $40-million in pension surplus funds from plans established for their benefit.

In 1968, based on estimates that the mines would be economically exhausted within the next 15 years, Parliament enacted the Cape Breton Development Corporation Act, which established the Cape Breton Development Corporation (DEVCO) to oversee the reorganization and orderly closure of the mines. This included the administration of pension arrangements, and thus a number of pension plans were created.

In 1974, a contributory pension plan came into effect, which was intended to top up the non-contributory plan. From inception, this plan, which was approved by the union, purported to provide that any surplus upon wind-up was to go to DEVCO. After DEVCO closed its mining operations in 2001 and paid out its pension obligations, a surplus of $35 million (which has since grown to $40 million) remained in the plans. As plan beneficiaries, the mining employees and their dependants claimed entitlement to the surplus. DEVCO claimed that a proper trust had never been created. The parties agreed to submit the matter to binding arbitration.

Arbitrator Peter Cory awarded the surplus to the employees, ruling that, given the provisions of the Act creating DEVCO, a trust had been created, with a fiduciary duty on the part of DEVCO to use the funds of that trust solely for the benefit of employees. DEVCO must act in good faith and it cannot and should not exercise its powers so as to personally gain from the relationship, the arbitrator concluded.

The Canadian Office of the Building and Construction Trades Department (BCTD), AFL-CIO, recently announced the appointment of Carol MacLeod as Executive Director, Government Affairs & Communications. This announcement was forwarded to all Members of Parliament and within the Building Trades network.

This is very good news for the IBEW to have a lobbyist working on issues like tax breaks for mobile workers when that lobbyist understands our business very well. Carol states that a minority government creates a unique opportunity to influence public policy. Even though she has accepted this position with the Building Trades, Carol will continue with her long-standing commitment to the IBEW-CECA Essential Skills and Lifelong Learning Initiatives.

International Brotherhood of Electrical Workers, AFL-CIO, CLC

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