LABOUR RELATIONS |
Maritime-Ontario Freight Lines Ltd. v. Teamsters Local Union 938
A-574-00
2001 FCA 252, Richard C.J.
29/8/01
11 pp.
Proceeding under Federal Court Rules, 1998, r. 318 to determine if objection of Canadian Industrial Relations Board (CIRB) to request by applicant for transmittal of material in its possession, consisting of evidence of membership in union should be maintained--Applicant commenced application for judicial review of CIRB decision certifying respondent union as bargaining agent for unit of dependent contractors--CIRB provided list of documents on which relied in making decision--Applicant submitted request for specified materials pursuant to r. 317--Essentially seeking disclosure of documentary evidence of membership in union containing signature, name of each employee--Result would be to identify for applicant employees who supported union--CIRB objected under r. 318(2) to request, relying on Canada Labour Relations Board Regulations, 1992, s. 25 which prohibits CIRB from disclosing evidence that could reveal membership in union, unless CIRB considering such disclosure would be in furtherance of objectives of Act--Request under r. 317 must be considered against background of scope of CIRB's privative clause (Canada Labour Code, s. 22) and public policy concerning confidentiality of membership information in labour relations matters--Regulations, s. 25 not absolute prohibition since provides such information may be disclosed where CIRB determines disclosure would be in furtherance of objectives of Act--Neutral in application as would also apply as bar to disclosure to union of identity of members seeking decertifi-cation--Applicant's stated objective to have its experts determine whether signatures on membership evidence authentic, and accordingly whether majority of employees in bargaining unit wish to have trade union represent them as their bargaining agent--Parliament has made it clear in Code, s. 28 that expert tribunal to determine whether majority of employees in unit wish to have trade union represent them as their bargaining agent, and if so, tribunal shall certify union--Code, s. 22 providing every decision of CIRB final except in accordance with objection on grounds referred to in Federal Court Act, s. 18.1(4)(a) (acted without jurisdiction), (b) (procedural fairness), or (e) (fraud)--Not including s. 18.1(4)(d) (erroneous finding of fact)--In seeking membership cards and in verifying authenticity through experts of its choosing, applicant seeking to establish new evidence and to transform process of certification from determination by expert tribunal to process where Court, on fresh evidence, supplied by employer, makes determination--Code, ss. 22, 28 and Regulations, s. 25 clearly providing determination should be conducted, made by CIRB itself--No allegation of fraud in application for judicial review; applicant essentially asserting CIRB not properly conducting investigation--This can be asserted before panel conducting judicial review without evidence of membership in union being disclosed--Applicant neither seeking reconsideration of Tribunal's decision nor making application under Code, s. 40, which permits further investigation of allegations of fraud--CIRB's objection to disclosure of requested documents maintained--Federal Court Rules, 1992, SOR/98-106, rr. 317, 318--Canada Labour Relations Board Regulations, 1992, SOR/91-622, s. 25--Canada Labour Code, R.S.C., 1985, c. L-2, ss. 22 (as am. by S.C. 1990, c. 8, s. 56), 28, 40--Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1(4) (as enacted by S.C. 1990, c. 8, s. 5).