McLean v. International Longshoremen's and Warehousemen's Union, Local 502
A-247-98
Noël J.A.
23/6/99
5 pp.
Judicial review of Canada Labour Relations Board's refusal to adjudicate upon appellant's claim for economic loss, damages-Board finding union breached Canada Labour Code, s. 69 by operating hiring hall in discriminatory manner-April 1996 order requiring union to alter seniority list, not mentioning payment of damages-In August 1997 Board adopting recommendations of Commissioner appointed to ensure implementation of order-Appellant moving up 65 spots on seniority list-Six months later, appellant requesting Board to reconvene to determine complaint in respect of damages-Board declaring itself functus-Application dismissed-Board under no duty to order any particular type of remedy in respect of union's breach of s. 69: International Longshoremen's and Warehousemen's Union, Local 502 v. McLean, [1996] F.C.J. No. 1269 (C.A.) (QL)-Compare Association Internationale des Commis de Détail, FAT-CIO-CTC, Local 486 (Union des Commis du Détail) v. Commission des Relations de Travail du Québec et al., [1971] S.C.R. 1043, where Board not making decision specifically required to make-Applicant's, union's submissions as to economic loss, damages before Board when made April 1996 decision-Union submitting any claim for compensation would have to be subject of full evidentiary hearing and not appropriate remedy herein since purpose of remedy to deal with "systemic discrimination" existing in dispatch system-Having matter squarely before it, Board chose not to provide for any economic remedy-Restricted order to revision of seniority list, and having noted implementation of order would require "great deal of food faith, responsibility", Board retained jurisdiction strictly for purpose of implementing order-August 1997 decision preceded by letter giving 7 days to file submission before final decision issued-Decision specified Board retained jurisdiction only with respect to implementation of recommendations of Commissioner to ensure casual list, admission of members into union as recommended by Commissioner implemented-Canada Labour Code, R.S.C., 1985, c. L-2, s. 69.