LABOUR RELATIONS |
Marine Atlantic Inc. v. Canadian Merchant Service Guild
A-106-99
Rothstein J.A.
20/6/00
7 pp.
Application for judicial review of Canada Industrial Relations Board order certifying respondent Guild as bargaining agent for unit comprising all employees working on applicant's vessels--First, applicant argued Board breached principles of natural justice by not issuing reasons accompanying order--Before seeking judicial review, obligation on parties to request reasons from tribunal--Applicant herein failed to request reasons from Board and offered no satisfactory explanation for not doing so--Therefore, no breach of duty of fairness: Liang v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1301 (T.D.) (QL)--Second, applicant argued Board erred in law or breached principles of natural justice in not providing applicant with opportunity for oral hearing, even though no statutory obligation on Board to conduct oral hearings--Argument fails as applicant did not take opportunity provided to it to comment on investigator's report--Nothing to indicate written submissions would not have been adequate way in which to address concerns--Third, applicant argued decision patently unreasonable as management personnel included in bargaining unit--Matter extensively canvassed by parties in submission to Board--Even though some evidence of functions with management component, Board could properly decide, based on information and investigator's report, persons seeking certification employees under Code--No patently unreasonable error--Application dismissed--Canada Labour Code, R.S.C., 1985, c. L-2.