| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
|
Summary:
There is no question here of Maritime Data Centre being a trustee of the holiday pay for the claimant, a stevedore. But this does not distinguish this case from LEBLANC. The claimant was not beneficially entitled to the holiday pay upon its payment to Maritime Data Centre.
Stevedore whose vacation pay is paid to Maritime Data Centre. The Umpire relied expressly on a dictum in CUB 14170 to the effect that the situation is akin to a withholding agreement for the purchase of Canada Savings Bond. We do disapprove of the dictum.
The issue is whether the claimant's holiday pay, paid weekly by his employer, a stevedoring company, to Maritime Data Centre, and paid to him annually under the terms of a collective agreement, was received by him when it was paid to MDC or when it was paid to him by MDC.
