News

Silverstein’s Bakery members receive long awaited severance

February 20, 2019 at 12:55pm

Silversteins bakery members receive severance After 2 ½ years of fighting for the Local 175 members from Silverstein’s Bakery in Toronto, the Union is pleased to announce that they have finally received their long overdue severance payments.

On July 29, 2016 Silverstein’s Bakery ceased operations. Members of UFCW Local 175 employed as drivers at the bakery on McCaul Street were handed permanent layoff notices and their final pay on July 28 by their employer. This final pay did not include notice or severance pay as set out in the Employment Standards Act, nor did it include the enhanced severance pay that had been negotiated into the collective agreement. At that time the bakery had been in operation for 98 years.

At the time of closure, the Union pledged their full support to the members. “We are taking the necessary steps to deal with this abrupt closure and will be going to arbitration over severance not being paid in accordance with the collective agreement.” said President Shawn Haggerty.

You can read the original post here: https://www.ufcw175.com/2016/07/29/local-175-members-affected-silversteins-bakery-closure/

The Union immediately filed a grievance on behalf of the affected members.

An arbitrator was appointed to hear the grievance and make a determination of severance. The decision of the arbitrator was that they did not have jurisdiction to make a decision in this case, and therefore it was referred to the Ontario Labour Relations Board for a determination.

After many months, a second arbitration hearing and a second referral to the OLRB to obtain orders for the payment of severance and termination pay owed under the E.S.A. On August 1, 2018, the OLRB released its decision ordering the Bakery and Holdings Company to pay the severance amounts previously identified. On August 9, 2018, the Union filed the decision of the OLRB with the Court making the decision enforceable as an Order of the Court. Months of fighting for the monies ensued.

Finally, on Saturday February 16, 2019 the nine former members from Silverstein’s were awarded their long overdue severance payments totalling more than $261,000.

“You were a family at Silverstein’s” said John DiFalco Union Representative, “you are a part of the UFCW family, so it’s fitting that we are giving you this long overdue payment on Family Day weekend.”

In addition to securing the E.S.A. monies owed, the Local will be continuing legal action to enforce the terms of the collective agreement with respect to the enhanced severance negotiated by the Union.