Canadian Council of Broadcast Unions v. Canada ( Labour Relations Board )
A-931-92
Létourneau J.A.
24/2/93
4 pp.
Application to review Canada Labour Relations Board's refusal to certify council of trade unions as bargaining agent-Canada Labour Code, s. 32 under which Board may grant certification of council of trade unions, contrasted with s. 28, providing Board shall certify trade union if prescribed conditions met-Discretion given to Board under s. 32(2) necessarily implies Board may refuse certification notwithstanding application for such certification supported by majority of employees-Discretion limited in that cannot interfere with internal affairs and management of council of trade unions-Nor can it refuse to certify council of trade unions for reason completely unrelated to fact applicant council rather than trade union-May assess extent to which certification will foster broad industrial relations objectives underlying rationalization and realignment of bargaining structure-Can rely on functional factors i.e. viability of council, ability of council to act as bargaining agent and maintenance of integrity and operation of bargaining unit found appropriate by Board pursuant to realignment of bargaining structure-Board considering history of labour relations between parties-Neither exceeding jurisdiction nor committing patently unreasonable error in exercise of jurisdiction-Application dismissed-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 22 (as am. by S.C. 1990, c. 8, s. 56), 28, 32-Federal Court Act, R.S.C., 1985, c. F-7, s. 28 (as am. by S.C. 1990, c. 8, s. 8).