Canadian Merchant Service Guild v. Teamsters, Local Union 847 2012 FCA 210
Administrative Law - Judicial review - General - Practice - Parties (incl. standing)
The Teamsters, Local Union 847, applied to become certified as bargaining agent in replacement of the Canadian Merchant Service Guild. Three members of the Guild actively supported the Teamsters. The Guild won the representation vote and brought charges under its bylaws against the three members. The Teamsters submitted a complaint of unfair labour practices pursuant to s. 97(1) of the Canada Labour Code. The Canada Industrial Relations Board found that the Guild had breached s. 95(i)(i) of the Code when it commenced the charges. The Guild applied for judicial review. The principal question was whether the Teamsters, as a rival union, had standing to file the complaint against the Guild.
The Federal Court of Appeal dismissed the Guild’s application. The Board’s decision to allow the Teamsters’ complaint to proceed was reasonable in the circumstances.