International Brotherhood of Electrical Workers, Local 2228 v. Canada (Treasury Board)
The Board’s application of its established jurisprudence to the facts was a practical and reasonable approach to a transitional situation; its understanding and disposition were not patently unreasonable and no legal error warranted court intervention, therefore the judicial review application is dismissed.
Source-derived case information.
- Citation
- 2006 FCA 307
- Parties
- Applicant: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228; Respondent: TREASURY BOARD; Respondent: PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 September 2006
- Procedural Posture
- Judicial Review / Federal Court of Appeal Decision
- Outcome
- Application dismissed with costs
- Legal Topics
- Bargaining Unit Determination, Standard of Review, Statutory Mandate, Section 58 Public Service Labour Relations Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228
Applicant
TREASURY BOARD
Respondent
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Decision
Legal Issues
- 1 Whether the Public Service Labour Relations Board acted contrary to its statutory mandate under s.58 of the Public Service Labour Relations Act
- 2 Whether the Board’s determination of the appropriate bargaining unit was reasonable
- 3 Appropriate standard of review for the Board’s decision
Ratio Decidendi
The Board’s application of its established jurisprudence to the facts was a practical and reasonable approach to a transitional situation; its understanding and disposition were not patently unreasonable and no legal error warranted court intervention, therefore the judicial review application is dismissed.
Court Disposition
Application dismissed with costs
Orders
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
International Brotherhood of Electrical Workers, Local 2228 v. Canada (Treasury Board) Court (s) Database Federal Court of Appeal Decisions Date 2006-09-20 Neutral citation 2006 FCA 307 File numbers A-588-05 Decision Content Date: 20060920 Docket: A-588-05 Citation: 2006 FCA 307 CORAM: NADON J.A. EVANS J.A. SHARLOW J.A. BETWEEN: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228 Applicant and TREASURY BOARD Respondent THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Respondent Heard at Ottawa, Ontario, on September 20, 2006. Judgment delivered from the Bench at Ottawa, Ontario, on September 20, 2006. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20060920 Docket: A-588-05 Citation: 2006 FCA 307 CORAM: NADON J.A. EVANS J.A. SHARLOW J.A. BETWEEN: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228 Applicant and TREASURY BOARD Respondent PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 20, 2006) SHARLOW J.A. [1] This is an application for judicial review of a decision of the Public Service Labour Relations Board. The applicant alleges that the Board acted contrary to its statutory mandate under section 58 of the Public Service Labour Relations Act, S.C. 2002, c. 22. The standard of review is agreed to be patent unreasonableness. [2] Determining an appropriate bargaining unit is uniquely within the labour relations expertise of the Board. In our view, the Board’s application of its jurisprudence to the particular facts before it was a practical way of dealing with a transitional situation. We are not persuaded that the Board’s understanding of the application, or its disposition of the application, was patently unreasonable. We are unable to detect any error that would warrant the intervention of this Court. [3] The application will be dismissed with costs. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-588-05 STYLE OF CAUSE: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228 v. TREASURY BOARD and PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 20, 2006 REASONS FOR JUDGMENT OF THE COURT BY: NADON, EVANS & SHARLOW JJ.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: John Paul Zubec FOR THE APPLICANT Neil McGraw Dougald Brown FOR THE RESPONDENT (TREASURY BOARD) FOR THE RESPONDENT (PIPSC) SOLICITORS OF RECORD: Shields & Hunt Ottawa, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Nelligan O’Brien Payne Ottawa, Ontario FOR THE RESPONDENT (TREASURY BOARD) FOR THE RESPONDENT (PIPSC)