Date: 19980928
Docket: T-1762-97
IN THE MATTER OF an Application to review and set aside, pursuant to section 18 and section 18.1 of the Federal Court Act, R.S.C. 1985, c. F-7, as amended
AND IN THE MATTER of a decision of the Public Service Staff Relations Board, rendered by J. Barry Turner, Board Member, on July 16, 1997, respecting a grievance referred to adjudication pursuant to section 92 of the Public Service Staff Relations Act, R.S.C. 1985, c. P-35, (Public Service Staff Relations Board File Nos. 166-2-27605, 27606 and 27670) and received on July 22, 1997.
BETWEEN:
WILLIAM CONNORS
Applicant
| - and - |
ATTORNEY GENERAL OF CANADA
(Revenue Canada - Taxation)
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] It is agreed between the parties that the appropriate standard of review of an Adjudicator's decision, rendered under the Public Service Staff Relations Act, with the respect to the interpretation of a collective agreement, is whether the decision is patently unreasonable. (Wayne Barry v. Treasury Board (Treasury Board), Federal Court of Appeal, Court File A-580-96, October 22, 1997. Unreported).
[2] The central issue in this judicial review is whether the following finding of the Adjudicator is patently unreasonable:
| I have not been given any evidence that demonstrates to me the grievors were in fact declared surplus. |
[3] I agree with the Respondent's submission that the evidence in the hearing allows the findings to be made that Mr. Peter Harrison, Assistant Deputy Minister of Human Resources, was the person with the delegated authority to declare Mr. Connors a surplus employee, and that he never made such a declaration. Therefore, I am of the opinion that the Adjudicator's finding as above quoted is entirely reasonable.
[4] Accordingly, this application is dismissed.
"Douglas Campbell"
Judge
WINNIPEG, MANITOBA
September 28, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-1762-97
STYLE OF CAUSE: William Connors v. Attorney General of Canada (Revenue Canada - Taxation)
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: September 28, 1998
REASONS FOR ORDER
OF THE COURT: The Honourable Mr. Justice Campbell
DATED: September 28, 1998
APPEARANCES:
Mr. Ronald B. Zimmerman for the Applicant
Mr. André Garneau for the Respondent
Department of Justice
Legal Services, Treasury Board
5th Floor, West Tower
L'esplanade Laurier
Ottawa, Ontario
K1A 0R5
SOLICITORS OF RECORD:
SOUTHPORT LAW GROUP
Newport Centre
1710-330 Portage Avenue
Winnipeg, Manitoba
R3C 0C4
for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada for the Respondent
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19980928
Docket: T-1762-97
BETWEEN:
IN THE MATTER OF an Application to review and set aside, pursuant to section 18 and section 18.1 of the Federal Court Act, R.S.C. 1985, c. F-7, as amended
AND IN THE MATTER of a decision of the Public Service Staff Relations Board, rendered by J. Barry Turner, Board Member, on July 16, 1997, respecting a grievance referred to adjudication pursuant to section 92 of the Public Service Staff Relations Act, R.S.C. 1985, c. P-35, (Public Service Staff Relations Board File Nos. 166-2-27605, 27606 and 27670) and received on July 22, 1997.
BETWEEN:
WILLIAM CONNORS
Applicant
| - and - |
ATTORNEY GENERAL OF CANADA
(Revenue Canada - Taxation)
Respondent
REASONS FOR ORDER