International Brotherhood of Electrical Workers, Local 2228 v. Canada (Treasury Board)

International Brotherhood of Electrical Workers, Local 2228 v. Canada (Treasury Board)
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-09-20
Neutral citation
2006 FCA 307
File numbers
A-588-05
Decision Content
Date: 20060920
Docket: A-588-05
Citation: 2006 FCA 307
CORAM: NADON J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228
Applicant
and
TREASURY BOARD
Respondent
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Respondent
Heard at Ottawa, Ontario, on September 20, 2006.
Judgment delivered from the Bench at Ottawa, Ontario, on September 20, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20060920
Docket: A-588-05
Citation: 2006 FCA 307
CORAM: NADON J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228
Applicant
and
TREASURY BOARD
Respondent
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 20, 2006)
SHARLOW J.A.
[1] This is an application for judicial review of a decision of the Public Service Labour Relations Board. The applicant alleges that the Board acted contrary to its statutory mandate under section 58 of the Public Service Labour Relations Act, S.C. 2002, c. 22. The standard of review is agreed to be patent unreasonableness.
[2] Determining an appropriate bargaining unit is uniquely within the labour relations expertise of the Board. In our view, the Board’s application of its jurisprudence to the particular facts before it was a practical way of dealing with a transitional situation. We are not persuaded that the Board’s understanding of the application, or its disposition of the application, was patently unreasonable. We are unable to detect any error that would warrant the intervention of this Court.
[3] The application will be dismissed with costs.
“K. Sharlow”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-588-05
STYLE OF CAUSE: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228 v.
TREASURY BOARD and
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 20, 2006
REASONS FOR JUDGMENT OF THE COURT BY: NADON, EVANS &
SHARLOW JJ.A.
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
John Paul Zubec
FOR THE APPLICANT
Neil McGraw
Dougald Brown
FOR THE RESPONDENT (TREASURY BOARD)
FOR THE RESPONDENT (PIPSC)
SOLICITORS OF RECORD:
Shields & Hunt
Ottawa, Ontario
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
Nelligan O’Brien Payne
Ottawa, Ontario
FOR THE RESPONDENT (TREASURY BOARD)
FOR THE RESPONDENT (PIPSC)