The Ontario Financial Services Tribunal has dismissed Navistar's appeal of a ruling in favour of former workers at the now-closed Chatham, Ont., truck plant.
“This is an important decision in a long battle,” said Bob Chernecki, retired assistant to the president, who has been leading the Navistar discussions.
The deputy superintendent of pensions had earlier ruled that workers who left the plant between 2009 and the plant’s closure in 2011 were eligible for a pension.
Navistar appealed that, saying the superintendent did not have jurisdiction. On Oct. 10, The Financial Services Tribunal denied that appeal, upholding the original ruling.
That means the Tribunal can now move ahead and decide all the outstanding issues regarding the pending partial wind-up on the plan, as they may affect all unionized plan members, including the banked credited service issue that was in dispute
The Tribunal upheld the submissions of counsel for the Deputy Superintendent and the union that the procedure supporting the Deputy Superintendent's ruling earlier this year was fair and unimpeachable.
Hearings on all the outstanding issues will resume on December 9, 2013, and continue on December 11-12 and 16, 2013 in Toronto.
“Unifor will continue to fight on behalf of the Navistar workers, Chernecki said.