LABOUR RELATIONS |
NAV Canada v. International Brotherhood of Electrical Workers, Local 2228
A-320-00
2001 FCA 30, Sexton J.A.
21/02/01
6 pp.
Judicial review of Canada Industrial Relations Board's decision positions of Manager of Air Traffic Management and Manager of Communications, Navigational Aids, Surveillance included in bargaining unit--Respondent requested CIRB to determine employees holding those positions not performing managerial functions--CIRB letter to applicant outlining applicant's rights to reply to application, advising any request for hearing before Board must give reasons why hearing requested--Applicant not requesting oral hearing in reply--Senior Labour Relations Officer's report to solicitors for both parties summarizing evidence, listing documentary evidence filed--Despite invitation in report to notify author if position not accurately reflected therein, applicant not requesting hearing--CIRB determining managers in question included in bargaining unit--Canada Labour Code, s. 16.1 permitting Board to decide any matter before it without holding oral hearing--Canada Labour Relations Board Regulations, 1992, s. 11(1)(f) requiring party making reply to request hearing where wishes to present oral arguments, evidence--S. 19(1) requiring such request to state reasons therefor--S. 19(2) permitting Board to proceed without hearing notwithstanding request--Application dismissed--Applicant cannot now, in face of ignoring Regulations, ss. 11(1)(f), 19(1) complain about lack of oral hearing--Had ample opportunity to put forward evidence, arguments, request oral hearing--Further, Code, s. 16.1, Regulations, s. 19(2) providing Board may decide any matter before it without holding oral hearing even if requested--Employees affected by decision not denied natural justice as applications involving determination of proper scope of bargaining unit not requiring notice to employees--Applicant not having standing to make claims on behalf of employees--As to merits, assessment of employees' participation in collective bargaining on behalf of employer within Board's expertise, decision not patently unreasonable--No duty on Board to give applicant opportunity to clarify material--Canada Labour Code, R.S.C., 1985, c. L-1, s. 16.1 (as enacted by S.C. 1998, c. 26, s. 6)--Canada Labour Relations Board Regulations, 1992, SOR/91-622, ss. 11, 19.