LABOUR RELATIONS |
Brewer v. Halifax Longshoremen's Assn., Local 269 of the International Longshoremen's Assn.
A-159-00
2002 FCA 42, Desjardins J.A.
30/1/02
6 pp.
Application for judicial review of Canada Industrial Relations Board (CIRB) decision dismissing applicant's complaint respondent union had breached its duty of fair referral under Canada Labour Code, s. 69 (Code) when it selected, in cooperation with Halifax Employers Association (HEA), list of 104 candidates, from 798 applicants, to be placed on reserve bullpen list of non-union workers-- Complaint heard under transitional provisions of Code-- Former Canada Labour Relations Board started hearing complaint, new CIRB, relying on transcripts of earlier hearings, continued hearing and rendered decision now under review--Application dismissed--Decision rendered in accordance with transitional provisions--CIRB addressed both issues of discrimination and fairness--While CIRB criticized, in no uncertain terms, methodology, or lack thereof, in making of bullpen list, Court unable, on test of patent unreasonableness, to say that its treatment of complaint would warrant Court's intervention--Canada Labour Code, R.S.C., 1985, c. L-2, s. 69.