BETWEEN:
AMALGAMATED TRANSIT UNION, LOCAL 1374
Applicant
and
CERTAIN EMPLOYEES OF GREYHOUND CANADA TRANSPORTATION CORPORATION REPRESENTED BY ORVILLE RILEY
Heard at Calgary, Alberta,on January 14, 2010.
Judgment delivered from the Bench at Calgary, Alberta, on January 14, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Docket: A-563-08
Citation: 2010 FCA 11
CORAM: BLAIS C.J.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
AMALGAMATED TRANSIT UNION, LOCAL 1374
Applicant
and
CERTAIN EMPLOYEES OF GREYHOUND CANADA TRANSPORTATION CORPORATION REPRESENTED BY ORVILLE RILEY
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Calgary, Alberta, on January 14, 2010)
[1] Despite Mr. Johnson’s able argument we are not persuaded that the Canada Industrial Relations Board (the “Board”) erred in coming to the decision it did. While Mr. Johnson is correct to say that none of the factors mentioned by the Board could necessarily justify a conclusion that the union had breached its duty of fair representation, it does not follow that the combination of those factors on the facts of this case does not provide a reasonable basis for the Board’s decision.
[2] In the result, the application for judicial review will be dismissed with costs.
“J. D. Denis Pelletier”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-563-08
(AN APPLICATION FOR JUDICIAL REVIEW OF CIRB/CCRI DECISION NO. 419 DATED OCTOBER 15, 2008)
STYLE OF CAUSE: AMALGAMATED TRANSIT UNION, LOCAL 1374 v. CERTAIN
EMPLOYEES OF GREYHOUND
CANADA TRANSPORTATION
CORPORATION REPRESENTED
BY ORVILLE RILEY
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: January 14, 2010
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J.
SHARLOW, PELLETIER JJ.A
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
William J. Johnson, Q.C. FOR THE APPLICANT
Shasta Desbarats FOR THE RESPONDENTS
SOLICITOR OF RECORD:
McGown Johnson FOR THE APPLICANT
Calgary, Alberta
Simon Renouf Professional Corporation FOR THE RESPONDENTS