LABOUR RELATIONS |
International Longshore and Warehouse Union, Canada v. British Columbia Terminal Elevator Operators' Assn.
A-233-99
2001 FCA 78, Décary J.A.
21/3/01
10 pp.
Judicial review of Canada Industrial Relations Board's decision applicants engaged in strike contrary to Canada Labour Code, s. 89--Members of PSAC conducting lawful picketing activities arising out of legal strike against employer Canadian Grain Commission--Members of applicant unions refused to pass picket line--Ship loading at grain terminals in British Columbia stopped--Employer applied to Board, alleging applicants contravened Code, s. 87.7(1); alternatively sought declaration applicants engaged in strike contrary to s. 89 as result of members having honoured another union's picket line--Collective agreements containing clauses whereby unions agreeing no strikes during terms thereof--Board holding s. 87.7 not applicable to strikes by employees of Canadian Grain Commission whose labour relations governed by Public Service Staff Relations Act; granted alternative remedy--Application dismissed--Board's decision not patently unreasonable--Applicants arguing Board's statement "unfortunate" s. 87.7 could not be applied, vitiating rest of reasons because Board thereafter result-oriented, seeking interpretation indirectly achieving result not directly achieved--Board's comment ill-advised, but Board squarely addressing alternate argument based on Code, s. 89 independently of argument based on s. 87.7--Subsequent decision not result-oriented--Board examined contracts, explored definition of "strike" in Code, which appears to suggest refusal in concert to cross another bargaining unit's picket line may in fact be strike, quoted from Report which questioned Board's jurisdiction to allow parties to contract outside law by giving credence to clauses in collective agreement permitting refusals to cross legal picket lines--Board's approach rational, sensible--Adopted Industrial Inquiry Commission's reasoning underlying opinion concerted refusal to cross picket line within definition of "strike"--That definition of "strike" not amended as suggested in Report not making it unreasonable for Board to adopt analysis set out in Report--Board's conclusion consistent with policy followed in other jurisdictions with regard to picket line clauses--Board relying on addition of s. 88.1 to Code to conclude apparent intention in Code to treat strikes with heightened seriousness, but Report, cases referred to pre-dating 1988 amendment--Flaw in reasons given by tribunal not in and of itself resulting in finding of patent unreasonableness--Flaw in question not affecting Board's reasoning--Canada Labour Code, R.S.C., 1985, c. L-2, ss. 87.7 (as enacted by S.C. 1998, c. 26, s. 37), 88.1 (as enacted idem, s. 38), 89 (as am. idem, s. 39; 1999, c. 31, s. 157).