The trustees of the pension plan representing the editorial and press room staff at the Chronicle Herald have filed an order against the Halifax Herald Ltd. alleging the company owes the plan more than $70,000.
Richard Norman, a lawyer with Cox and Palmer, filed a notice of application on behalf of the Trustees of the CWA/ITU Pension Plan against Halifax Herald Ltd. in Nova Scotia Supreme Court on Jan. 9.
The CWA/ITU Pension plan was created by the Communications Workers of America and the International Typographical Union in 1968. It manages pension payments reflecting collective bargaining agreements employers made with local unions. The Halifax Typographical Union, which represents workers at the Herald, is affiliated with the Communications Workers of America.
According to the notice of application, the Herald became delinquent in its payments to the pension plan in 2021.
“After considerable prompting, the Herald made the outstanding payments,” Norman writes.
On Oct. 18, 2022, the Herald agreed in writing that it would send along all payments, and made payments for several months.
The Herald became delinquent on the payments again in 2023.
“In doing so, the Herald breached its agreement with the Pension Plan by failing to remit timely contributions,” Norman writes.
The trustees of the CWA/ITU pension plan allege beneficiary of the collective agrements of the press room, editorial staff, and the Herald, they “suffered damages as a result of the Herald’s refusal to pay contributions.”
From the application:
In addition, or in the further alternative, the Pension Plan says that the Herald is estopped from failing to make payments pursuant to a promise which the Pension Plan has relied on to its detriment.
The pension plan argues it’s “obliged to take steps to recover outstanding contribution payments” under the Pension Benefits Act.
The pension plan is seeking damages of $70,192.84, which includes interest as of Dec. 14, 2023, plus costs.
The application will be heard in Nova Scotia Supreme Court on Feb. 23.
I expect to see a news article in the Examiner covering an application for creditor protection under bankruptcy in the not to distant future.