SEAFARERS’ APPEAL AND REVIEW BOARD
ANNUAL REPORT
To The Seafarers’ International Union of Canada
On December 1, 2009, I replaced Mr. Harvey W. Yarosky, Q.C, as arbitrator
constituting the Seafarers’ Appeal and Review Board under Article
XXVII of the Constitution of the Seafarers’ International Union
of Canada (S.I.U.). This report covers the period from December 1,
2009 to December 30, 2010.
Under the terms of the transaction, Algoma will acquire 11 vessels
currently owned by ULG, consisting of four gearless and seven selfunloading
bulk freighters. Algoma will also acquire ULG’s interest
in two gearless and two self-unloading bulk freighters that are now
owned jointly by Algoma and ULG as well as ULG’s interest in a
self-unloader currently under construction in China, which is expected
to arrive in Canada in July, 2011.
“During the above period, one matter was submitted to me. In a letter
to me dated January 23, 2010, a member referred to an injury he
suffered in November 2001, during a storm, while he was employed
aboard a vessel covered by a collective agreement between the SIU and
the employer. He contends that the captain of the vessel should not
have left port because of stormy weather conditions and he claims compensation
from the employer contending that the amount he received
from the Workplace Safety & Insurance Board (WSIB) in Ontario was
insuffi cient. After an exchange of correspondence with the member I
informed him in a letter dated April 1, 2010, that the matter and claim
he submitted to me do not fall within the subject matters with respect to
which I have the authority to act. I had no jurisdiction or competence in
this matter because it is not within the scope of the terms of reference
of the Seafarers’ Appeal and Review Board and I noted, in passing, that
the event occurred more than 8 years ago.
I informed the member that there is nothing that I, as arbitrator of the
Seafarers’ Appeal and Review Board, could do in this matter and was
accordingly closing the file.
No other matters were submitted to me.
Montreal, Quebec, January 27, 2011
Yours truly,
Hon. Joseph R. Nuss, Q.C.
Arbitrator |
