Canadian Union of Public Employees ( Airline Division ) , Local 4004 v. Air Canada
T-323-98
Joyal J.
18/11/98
16 pp.
Show cause application under r. 466 et seq.-Dispute over interpretation of Memorandum of Understanding between bargaining agent, respondent airline submitted to arbitration-Bargaining unit made up of cabin attendants, including Flight Service Directors (FSDs), Pursers, Flight Attendants-Classification of cabin crew created when air regulations required "two in-charge approach" on wide-bodied jets, B-747s, L-1011s-In September 1985, airline exchanged Letter of Understanding with union, providing for elimination of FSD classification through process of attrition-In May 1988, Arbitrator issued decision declaring reduction of FSDs could only be done through attrition, Letter of Understanding did not allow for not replacing FSD temporarily absent-Toronto Local 4004 complaining respondent in serious breach of arbitral award-Applicant instituting show cause proceedings when respondent denied breach of 1988 arbitral award-Whole issue proper interpretation of arbitral award of 1988-Whenever statute, contract provides for special forum for settlement of differences, Court owes deference to it, will only exercise competence in exceptional cases-Canada Labour Code, s. 57 stating dispute over collective agreement shall be submitted to arbitration-Award fully enforceable as order of Court upon registration in Court-Contempt proceedings requiring proof of breach of award beyond reasonable doubt-Court will refuse to enforce purely declaratory judgment-Arbitral award at issue simply declaring what agreement is-Application herein should only be launched when allegations of non-compliance refer to clear, unambiguous order set in arbitral award, to do or refrain from doing something-Ingredients to support contempt order not there-Substance of arbitral award purely declaratory-Arguments advanced by applicant short of opening door to penal proceedings contemplated under r. 461-Application dismissed-Federal Court Rules, 1998, SOR/98-106, rr. 461, 466-Canada Labour Code, R.S.C., 1985, c. L-2, s. 57.