Date: 20021023
Docket: A-612-01
Neutral citation: 2002 FCA 409
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
DANACA TRANSPORT MONTRÉAL LTÉE
Plaintiff
and
SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN
Defendant
Hearing held at Montréal, Quebec, on October 23, 2002.
Judgment delivered from the bench at Montréal, Quebec, on October 23, 2002.
REASONS FOR JUDGMENT OF THE COURT: PELLETIER J.A.
CONCURRED IN BY: DESJARDINS J.A.
NOËL J.A.
Date: 20021023
Docket: A-612-01
Neutral citation: 2002 FCA 409
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
DANACA TRANSPORT MONTRÉAL LTÉE
Plaintiff
and
SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN
Defendant
REASON FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on October 23, 2002.)
PELLETIER J.A.
[1] Definition of bargaining units is a question which is central to the expertise and powers of the Canada Industrial Relations Board. It follows that the courts must exercise restraint in dealing with such decisions and intervene only when they are patently unreasonable: see Halifax Longshoremen's Assn., Local 269 v. Offshore Logistics Inc., [2000] F.C.J. No. 1155. In the case at bar, there was evidence before the Board on the basis of which it could conclude that a sufficient community of interest existed between truck drivers in Ontario and Quebec for them to be included in the same bargaining unit. We therefore consider that the Board's decision was not patently unreasonable and there is no basis for intervention.
[2] The application for judicial review will be dismissed with costs.
|
"J.D. Denis Pelletier"
Judge |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA APPEAL DIVISION
Date: 20021023
Docket: A-612-01
Between:
DANACA TRANSPORT MONTRÉAL LTÉE
Plaintiff
and
SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN
Defendant
REASONS FOR JUDGMENT OF THE COURT
|
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
FILE: A-612-01
STYLE OF CAUSE: DANACA TRANSPORT MONTRÉAL LTÉE
and
SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 23, 2002
REASONS FOR JUDGMENT OF THE COURT: PELLETIER J.A.
CONCURRED IN BY: DESJARDINS J.A.
NOËL J.A.
DATE OF REASONS: October 23, 2002
APPEARANCES:
Normand Drolet FOR THE PLAINTIFF
Éric Lévesque FOR THE DEFENDANT
SOLICITORS OF RECORD:
Flynn, Rivard FOR THE PLAINTIFF
Québec, Quebec
Sauvé et Roy FOR THE DEFENDANT
Montréal, Quebec