Québec-Téléphone v. Syndicat des agents de maîtrise de Québec-Téléphone
A-907-96 / A-17-97
Marceau J.A.
15/9/97
5 pp.
Applications for judicial review of two Canada Labour Relations Board decisions on respondent union's application for certification covering certain employees of applicant telephone company-Neither initial decision of October 24, 1996 combining, within single bargaining unit to be represented by respondent, 305 first-line supervisors and 84 first-line managers, while excluding second-tier managers, nor second decision dismissing application for review filed under Canada Labour Code, s. 18 tainted by error going to Board's jurisdiction or involving principle of natural justice or procedural fairness-Federal legislation under which Board acted much less restrictive than Quebec legislation as to possibility of combining managers with subordinates provided all recognized as employees and sufficient community of interest among them-At issue Board's jurisdiction to determine appropriate bargaining unit, jurisdiction consistently regarded as virtually sacrosanct by Supreme Court of Canada-Concerning second decision, not imposed jurisdiction but discretionary authority, for exercise of which Board has adopted firm policy-Board members who heard application for review fully entitled to conclude requisite conditions for exercise of power of review nonexistent, latter being exceptional power required, absent allegation of new facts, to be exercised with care and for cause-Applications dismissed-Canada Labour Code, R.S.C., 1985, c. L-2, s. 18.