Navistar Appeals Pension Ruling

June 26, 2013, 12:20 PM EST

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In April of this year Navistar Corporation announced they would appeal the decision of the Superintendent of Pensions that favoured CAW members who are embroiled in a bitter pension dispute with the company. The first step in the Company's appeal to the Financial Services Tribunal was a pre-hearing conference meeting held on June 20, 2013 in Toronto. 

"The purpose of this meeting was to set in place the tribunal process which is going to unfold over the coming months," said Lewis Gottheil, Director of the CAW Legal Department. "This panel will be responsible for hearing the evidence and submissions relating to Navistar's appeal."

The CAW and the Financial Services Commission of Ontario Legal Counsel will defend the contents of the Superintendent of Pensions decision, issued in March of this year. The key outstanding issues in dispute in the appeal before the Tribunal are: the scope of the group of workers who will be covered by the wind up report; whether certain affected workers may gain entitlement to the special early retirement benefit under the plan and when their entitlement will begin; and the amount of credited service that is granted upon a layoff or sick leave. The Superintendent had ruled in favour of the workers on all counts.

"All participants in the pension plan, including retirees and surviving spouses of the plan, must be notified of the specific dates of these hearings," Gottheil said. "Procedures are being put in place through the offices of FSCO to deal with the notification to plan members."

CAW President Ken Lewenza said he firmly believes the union has a solid case.

"It is shameful that this company continues to fight its former workers on this matter," Lewenza said. "Many of these workers have spent their entire lives producing the heavy trucks that Navistar sold to earn profits for its shareholders and executives, and they deserve better than this. We will continue to ensure our members are represented at the highest level."

Ongoing updates on the appeal process will be made available at

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