Arbitrator Rules
CTV Winnipeg Can't Force Employees to Retire

courtesy of
broadcastermagazine.com
April 29, 2008

An arbitrator has ruled that CTV cannot force its Winnipeg employees to retire at age 65.

Arne Peltz said that CTV's mandatory retirement policy violates both the Canadian Human Rights Act and the collective agreement with the union that represents employees at its Winnipeg station.

The case involved Terry Kenny, who had worked at CTV Winnipeg and CKY for 27 years as a technician. He filed a grievance after CTV management told him in September 2006 he had to retire on his 65th birthday.

While there is no mandatory retirement under Manitoba labour laws, CTV is a federally regulated broadcasting company not subject to Manitoba legislation on this issue.

CTV argued it had the right to determine when employees should retire and said at the hearing that retirements are necessary to ensure turnover of staff.

Kenny, represented by Local 816 of the Communication, Energy and Paperworkers Union, argued that mandatory retirement violated the collective agreement and the Canadian Human Rights Act.

http://www.broadcastermagazine.com/issues/ISArticle.asp?id=83609&issue=04292008

.

Quoted from AirWaves

CTV argued it had the right to determine when employees should retire and said at the hearing that retirements are necessary to ensure turnover of staff.

Wrong...they want him gone because he makes too much money.

What company in their right mind would WANT turnover for the sake of turnover?  Hiring and training is very expensive, but I guess cheaper than keeping an experienced loyal employee. Sad.

Then perhaps the other option would/should have been for the employee to have negotiated on a 'one to one' basis with management (without union involvment), realizing on both sides the issues pertaining to downsizing etc. Perhaps if those involved had some sort of say in negotiating with the company, then that would have been the way to go. After all, he sounds like the type of employee the people would sadly see leave, at least until he's ready to call it a day and retire officially in his 'own' mind. Not everyone has itchy feet to travel the world, many do, but sadly more would prefer the opportunity of making their own decision when it's time to retire. My point being, his contract with the company officially ended on his 65st birthday, then or shortly leading up to that date should be ample opportunity for both sides to negotiate a Contract, one that seals the deal!.... Could this be the result of lack of 'communication' with-in the broadcasting industry?

Quoted from fine tuning

Then perhaps the other option would/should have been for the employee to have negotiated on a 'one to one' basis with management (without union involvment), realizing on both sides the issues pertaining to downsizing etc.

Spoken like someone who's never worked in a union shop...I have and you can hardly take a crap without someone from the union knowing about it - how do you think a union member would ever be able to talk to management without union involvement?

Interesting.  How old is Lloyd Robertson again?