During the course of a work stoppage that ran from July 21, 2005, to November 21, 2005, Telus and the Telecommunications Workers Union (TWU) concluded a new Collective Agreement with a term from November 20, 2005 to November 19, 2010.

Included in the Collective Agreement were a Letter of Agreement – Deeming of Service Lost Due to Work Stoppage – Telus Workers Pension Plan (TWPP), Telus Corporation Pension Plan (TCPP) and Telus Edmonton Pension Plan (TEPP) (hereinafter, the “Deeming LOA”) and a Letter of Agreement – Dismissal or Withdrawal of Outstanding Proceedings (hereinafter, the “Dismissal LOA”). The TWU alleges there was compliance with the terms of these Letters of Agreement (LOAs) thereby entitling members of TCPP and TEPP to have service lost due to the work stoppage deemed as pensionable. This grievance is advanced because Telus takes the position that the terms of the LOAs were not met; that deeming was subject to withdrawal of Alberta litigation which did not occur. The remedy sought by the TWU is that all affected members of the TCPP and the TEPP be credited pensionable service for days lost during the work stoppage.

The sole arbitrator, David G. Tettensor, Q.C., said that there were three issues to be decided:

1. Timeliness of the grievance.

2. Did the TWU comply with the terms of the LOAs thereby entitling members of the TCPP and TEPP to have service lost due to work stoppage deemed pensionable?

3. If the TWU failed to comply with the terms of the LOAs, were they unenforceable? If so, what is the result?


The arbitrator concluded:

1. While the grievance was filed outside the mandatory time limits, Telus waived its right to maintain an objection.

2. The TWU did not comply with the terms of the LOAs and in the result members TCPP and TEPP are not entitled to have service lost due to work stoppage deemed pensionable.

3. The LOAs are not enforceable.

The arbitrator dismissed the grievance meaning there will be no deeming of lost service due to the work stoppage for TCPP or TEPP members.  Please note that this decision does not affect the Telecommunications Workers Pension Plan.