LABOUR RELATIONS |
Piedmont Airlines, Inc. v. United Steelworkers of America, Transportation Communication Amalgamated Local 1976
A-438-01
2003 FCA 154, Evans J.A
25/3/03
23 pp.
Judicial review of Canada Industrial Relations Board decision declaring that U.S. Airways Inc. had sold part of business to applicant, that applicant successor-employer for purposes of Canada Labour Code, s. 44(2), and United Steelworkers of America, Transportation Communications Amalgamated Local 1976 (union) continued to be bargaining agent for unit of employees, now employed by applicant, working at Ottawa International Airport--Whether Board's decision patently unreasonable--Art. 3, clause C of collective agreement (excluding some customer service work) cannot be used as argument by either party as Board has not attempted to interpret it, nor should Court--Secondly, not patently unreasonable for Board to ignore terms of collective agreement when determining whether there had been sale of business for purposes of Code, s. 44--However, parties free to limit scope of collective agreement for purposes of defining rights inter se--Nothing in reasons precluding arbitrator from concluding art. 3, clause C excludes from agreement all work performed by members of bargaining unit for applicant and other carriers covered by s. 44--Thirdly, unlike provincial labour boards, Board does not regard certification order as spent once first collective agreement made and parties redefine bargaining unit--Not patently unreasonable for Board to extend approach to applications under s. 44-- Fourthly, Board's decision did not amend bargaining unit without request from either party--Unduly formalistic to require union applying under s. 44 to make separate and express application for modification of bargaining unit when change simply consequential upon Board's granting declaration requested--Since modification in present case entirely integral to and consequential on remedy claimed by union, not made unilaterally by Board--Judicial review application dismissed--Canada Labour Code, R.S.C., 1985, c. L-2, s. 44 (as am. by S.C. 1996, c. 18, s. 8; 1998, c. 26, s. 21).