Date: 19991126
Docket: A-23-98
MONTRÉAL, QUEBEC, THE 26TH DAY OF NOVEMBER, 1999
| CORAM: THE HONOURABLE MR. JUSTICE DÉCARY |
| THE HONOURABLE MR. JUSTICE LÉTOURNEAU |
| THE HONOURABLE MR. JUSTICE NOËL |
CANADIAN UNION OF POSTAL WORKERS
Applicant
AND
NATHALIE BEAUDET-FORTIN
Respondent
AND
CANADA LABOUR RELATIONS BOARD
Respondent
AND
ATTORNEY GENERAL OF CANADA
Third Party
JUDGMENT
The application for judicial review is dismissed with costs.
| Robert Décary |
| J.A. |
Certified true translation
Martine Brunet, LL.B.
Date: 19991126
Docket: A-23-98
| CORAM: DÉCARY |
| LÉTOURNEAU |
| NOËL, JJ.A. |
Between:
CANADIAN UNION OF POSTAL WORKERS
Applicant
AND
NATHALIE BEAUDET-FORTIN
Respondent
AND
CANADA LABOUR RELATIONS BOARD
Respondent
AND
ATTORNEY GENERAL OF CANADA
Third Party
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal, Quebec
on Friday, November 26, 1999)
DÉCARY J.A.
[1] The Canada Labour Relations Board unanimously allowed a complaint of unfair practice brought by the female respondent against the applicant union. Two Board members "stated" that paragraph 8.02(f) of the union"s articles is discriminatory to the extent that it authorizes the complainant"s expulsion from the union for the sole reason that she participated in raiding activities allowed by the Code and "[Translation ] that paragraph 8.02 of the union"s articles do not apply in this case". The third member limited herself to ruling "[Translation ] that by exercising its disciplinary authority in regard to the complainant as it did, the union applied its disciplinary standards and its membership rules under paragraphs 95(f) and (g) of the Code in a discriminatory manner."
Paragraphs 95(f) and (g) state:
| 95. No trade union or person acting on behalf of a trade union shall |
| (f) expel or suspend an employee from membership in the trade union or deny membership in the trade union to an employee by applying to the employee in a discriminatory manner the membership rules of the trade union; |
| (g) take disciplinary action against or impose any form of penalty on an employee by applying to that employee in a discriminatory manner the standards of discipline of the trade union; |
and paragraph 8.02 of the union"s articles, which applies to a member who has participated in acts of raiding against the unions, states:
| [Translation] |
| 8.02 The following sanctions may be taken against a member or officer of the union or a local: |
| (a) written reprimand; |
| (b) suspension from duties for a specific period of time; |
| (c) removal from office; |
| (d) prohibition for a specific period of time from holding office within the union or a local; |
| (e) suspension from membership for a specific period of time; |
| (f) expulsion from the union. |
[2] It is not necessary, in our opinion, to spend any time on the initial conclusion adopted by the majority since, in any case, the members were unanimous on the second conclusion, namely: in this case the application of the rule (whether or not the rule is discriminatory in itself) is discriminatory. This conclusion is not unreasonable in the circumstances.
[3] The application for judicial review will be dismissed with costs.
Robert Décary
J.A.
Certified true translation
Martine Brunet, LL.B.
Federal Court of Canada
Appeal Division
Date: 19991126
Docket: A-23-98
Between:
CANADIAN UNION OF POSTAL WORKERS
Applicant
AND
NATHALIE BEAUDET-FORTIN
Respondent
AND
CANADA LABOUR RELATIONS BOARD
Respondent
AND
ATTORNEY GENERAL OF CANADA
Third Party
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET NO: A-23-98 |
| STYLE: CANADIAN UNION OF POSTAL WORKERS |
Applicant
| AND |
| NATHALIE BEADET-FORTIN |
Respondent
| AND |
| CANADA LABOUR RELATIONS BOARD |
Respondent
| AND |
| ATTORNEY GENERAL OF CANADA |
Third Party
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: November 26, 1999 |
REASONS FOR JUDGMENT OF THE COURT BY DÉCARY, LÉTOURNEAU AND NOËL JJ.A.
| DATED: November 26, 1999 |
APPEARANCES:
Paul Lesage for the Applicant
Claude Tardif /
Gaétan Lévesque for the Female Respondent
Dominique Launay for the Third Party
SOLICITORS OF RECORD:
TRUDEL, NADEAU, LESAGE,
LARIVIÈRE & ASSOCIÉS
Montréal, Quebec for the Applicant
RIVEST, SCHMIDT
Montréal, Quebec for the Female Respondent
CANADA LABOUR RELATIONS BOARD
Ottawa, Ontario for the Third Party