Lubyk v. International Brotherhood of Electrical Workers Local 1541
Given the strong privative clause in s.22 of the Canada Labour Code and the absence of any reviewable error, the Board's dismissal was upheld because the complaint duplicated a prior dismissed complaint, was untimely and was directed at the wrong party; accordingly the application for judicial review was dismissed...
Source-derived case information.
- Citation
- 2003 FCA 182
- Parties
- Applicant: Ernie Lubyk; Respondent: International Brotherhood of Electrical Workers Local 1541; Respondent: International Brotherhood of Electrical Workers; Respondent: Frontec Logistics Corporation
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 April 2003
- Procedural Posture
- Judicial Review of Administrative Decision (unfair Labour Practice) / Judgment of the Federal Court of Appeal
- Outcome
- Application dismissed
- Legal Topics
- Unfair Labour Practice, Privative Clause, Timeliness/limitation, Res Judicata/reconsideration, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernie Lubyk
Applicant
International Brotherhood of Electrical Workers Local 1541
Respondent
International Brotherhood of Electrical Workers
Respondent
Frontec Logistics Corporation
Respondent
Procedural Posture
Judicial Review of Administrative Decision (unfair Labour Practice) / Judgment of the Federal Court of Appeal
Legal Issues
- 1 Whether the Canada Industrial Relations Board erred in dismissing the complaint as duplicative of a previously dismissed complaint
- 2 Whether the complaint was time‑barred/untimely
- 3 Whether the complaint was directed at the proper party (local union vs international union)
Ratio Decidendi
Given the strong privative clause in s.22 of the Canada Labour Code and the absence of any reviewable error, the Board's dismissal was upheld because the complaint duplicated a prior dismissed complaint, was untimely and was directed at the wrong party; accordingly the application for judicial review was dismissed and costs were awarded.
Court Disposition
Application dismissed
Orders
- Application dismissed
- Costs awarded $1000 in favour of International Brotherhood of Electrical Workers Local 1541
Full Case Text
Judgment text and source record
1 paragraphs
Lubyk v. International Brotherhood of Electrical Workers Local 1541 Court (s) Database Federal Court of Appeal Decisions Date 2003-04-09 Neutral citation 2003 FCA 182 File numbers A-553-99 Decision Content Date: 20030409 Docket: A-553-99 Neutral citation: 2003 FCA 182 CORAM: DÉCARY J.A. LINDEN J.A. SHARLOW J.A. BETWEEN: ERNIE LUBYK Applicant and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1541 and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS and FRONTEC LOGISTICS CORPORATION Respondents Heard at Winnipeg, Manitoba, on April 7, 2003. Judgment delivered at Winnipeg, Manitoba, on April 9, 2003. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20030409 Docket: A-553-99 Neutral citation: 2003 FCA 182 CORAM: DÉCARY J.A. LINDEN J.A. SHARLOW J.A. BETWEEN: ERNIE LUBYK Applicant and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1541 and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS and FRONTEC LOGISTICS CORPORATION Respondents REASONS FOR JUDGMENT DÉCARY J.A. [1] The applicant is seeking judicial review of a decision dated July 28, 1999 of the Canada Industrial Relations Board. [2] The Board dismissed the applicant's complaint of unfair labour practice filed by the applicant against his international union. The Board found that the complaint pertained to the same fact situation as in a previous complaint which had been dismissed more than two years earlier. The Board also found that the complaint was untimely and directed at the wrong party, the proper party being the local union rather than the international union. [3] The Board's decisions are protected by a very strong privative clause (s. 22 of the Canada Labour Code) and despite Mr. Lubyk's valiant efforts, I have not been persuaded that the Board committed any reviewable error in reaching its decision. Mr Lubyk is obviously attempting to revive the complaint which was dismissed on August 12, 1996. A request for reconsideration of that decision was also dismissed on October 31, 1996. [4] I would dismiss the application with costs. In the circumstances, I would set the costs at $1000 each in favor of the Local Union and of the Employer. "Robert Décary" J.A. "I agree" A.M. Linden J.A. "I agree" Karen R. Sharlow J.A. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD DOCKET: A-553-99 STYLE OF CAUSE: Ernie Lubyk v. Int'l Brotherhood of Electrical Workers Local 1541 et al. PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: April 7, 2003 REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE DÉCARY DATED APRIL 9, 2003 APPEARANCES: Mr. Ernie Lubyk on his own behalf Ms. Frederica Wilson for the Respondent International Brotherhood of Electrical Workers and Local 1541 Mr. George Rontiris for the Respondent Frontec Logistics SOLICITORS OF RECORD: Mr. Ernie Lubyk on his own behalf Caroline Engelmann Gottheil for the Respondent International Brotherhood Barristers & Solicitors of Electrical Workers and Local 1541 500 - 30 Metcalfe Street Ottawa, ON K1P 5L4 Emond Harnden LLP for the Respondent Frontec Logistics Glebe Chambers 707 Bank Street Ottawa, ON K1S 3V1