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Byers Transport Ltd v. Western Canada Council of Teamsters

A-469-93

Létourneau J.

26/4/94

8 pp.

Application for judicial review of Canada Labour Relations Board's decision purporting to certify respondent as bargaining agent for bargaining unit composed of office employees of applicant -- Respondent filed application for certification of unit of employees; representation vote was taken pursuant to Canada Labour Code, s. 29(1) among employees in bargaining unit to determine whether or not employees wished to be represented by respondent or by no union: 44 employees agreed and 43 refused -- No evidence Board acted on basis of improper considerations or oblique motives -- Although four panels of CLRB were involved in case, internal struggle within Board did not affect outcome nor was it brought to bear on rights of parties -- Decision to grant certification application without representation vote not patently unreasonable so as to justify intervention of Federal Court -- Application dismissed -- Canada Labour Code, R.S.C., 1985, c. L-2, s. 29(1).

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