A. Reported Decisions

Please click on the links for Graham’s English reported decisions or Graham’s French reported decisions.

Note: Some decisions may only be available in either English or French.

B. CIRB Decision Tool

Consult Graham’s CIRB decisions which have been grouped by subject below. The decisions indicate when Graham drafted the reasons. On occasion, the panel’s employee or employer representative drafted the reasons.

For more in-depth analysis, please see the CIRB-specific papers on the articles/conferences page.

Adjournments (Ajournements)

Andree, 2011 CIRB 589 (Adjournments not granted automatically)

Frayling, 2010 CIRB 506 (First step is to ask the other parties if they consent to an adjournment; Board considers its public interest role when deciding adjournment requests)

Appropriate bargaining unit (Unité de négociation appropriée)

Persona Communications Inc., 2015 CIRB 760 (Four producers, even if they had some supervisory functions, were included in a small 18 person bargaining unit)

United Parcel Service Canada Ltd., 2011 CIRB 591 (Local geographical unit appropriate rather than a Canada-wide unit; Board refused to certify a local unit which only included some of the clerical employees working there)

Viterra Inc., 2009 CIRB 465 (Code is structured to allow a trade union to determine the scope of its representation)

Burden of proof (Fardeau de la preuve)

Scott, 2014 CIRB 710 (A DFR complainant always has the burden of proof, but the respondent trade union has an evidential burden to respond to a prima facie case)

Bazrafshan, 2014 CIRB 707 (Burden of proof not reversed for a Part II health and safety complaint in the absence of a valid work refusal)

Leslie, 2013 CIRB 694 (A valid work refusal reverses the burden of proof in a health and safety case)

Plante, 2011 CIRB 582 (Reverse onus; circumstantial evidence demonstrated union activities played a part in an employee’s discipline)

Federal Express Canada Ltd., 2010 CIRB 519 (Burden of proof on a balance of probabilities remains constant; it does not change depending on the issues)

Canadian National Railway Company, 2010 CIRB 501 (For those unfair labour practice complaints which reverse the burden, the employer presents its evidence first)

Certification (Accréditation)

Persona Communications Inc., 2015 CIRB 760 (Board analyzed confidential/management exclusions; supervisors and bargaining unit descriptions)

Rooley, 2015 CIRB 759 (Board certifies without a vote if applicant has majority support as of the date of the application’s filing)

Viterra Inc., 2012 CIRB 633 (Key questions to consider in certification applications; Board accepted union’s proposed unit which excluded office staff)

FedEx Ground Package System, 2010 CIRB 522 (The application date is crucial; leave to withdraw first application refused when second identical application sought to add additional membership evidence)

Collective agreement (Convention collective)

Camionnage GHL Inc., 2013 CIRB 699 (A collective agreement may still be in force despite a party’s refusal to sign it)

Reimer Express Lines Ltd., 2011 CIRB 585 (Code restricts parties’ ability to change the term (length) of the collective agreement)

Handlex Groundhandling Services Inc., 2009 CIRB 480 (Board may examine the conduct of an internal union vote in order to determine whether a collective agreement was in force when a party filed a certification application)

Confidential Exclusion (Exclusion – Poste de confiance)

Persona Communications Inc., 2015 CIRB 760 (District manager’s assistant not employed in confidential capacity for industrial relations matters)

Confidentiality of documents (Confidentialité des documents)

Hrechuk, 2015 CIRB 758 (Board will not issue a confidentiality order which prevents a party from seeing another party’s pleading)

Constitutional Jurisdiction (Compétence constitutionnelle)

Waycobah First Nation, 2015 CIRB 792 (Provincial: A First Nations’ commercial fishery)

Raytheon Canada Limited, 2015 CIRB 789 (Federal: Severable portions of two contractors’ operations when operating a federal undertaking’s infrastructure)

Correctional Service Canada, 2015 CIRB 779 (Code does not apply to working prisoners)

Gitxsan Health Society, 2014 CIRB 748 (Provincial: The provision of health services)

Avant-garde Sécurité Inc., 2014 CIRB 728 (Federal: Contractor’s vital security services to a container facility in a port)

Kristoff Holding Ltd., 2014 CIRB 714 (Provincial: Occasional extra-provincial trips did not bring a trucking company within Board’s jurisdiction)

Stock Transportation Ltd., 2013 CIRB 687 (Provincial: A school bus company with 30 annual hours of extra-provincial charter trips remained a local transportation business)

TNT Express (Canada) Ltd., 2013 CIRB 670 (Provincial: A freight forwarder was not an inter-provincial transportation undertaking)

Dilico Anishnabek Family Care, 2012 CIRB 659 (Provincial: A multidisciplinary health service agency for First Nations)

Bell Internet Management Services Inc., 2012 CIRB 761 (Federal: Bell’s wholly owned subsidiary which handled Bell customer inquiries was vital and essential to the federal undertaking)

Schnitzer Steel BC, Inc., 2012 CIRB 640 (Provincial: a scrap metal business, even though it conducted occasional interprovincial transportation activities for third parties)

Viterra Inc., 2012 CIRB 633 (Federal: Feed mills)

Garda Canada Security Corporation, 2010 CIRB 549, dissenting opinion upheld 2011 FCA 302, (Federal: Contractor’s security guard services were vital and essential to the operation of an Immigration Prevention Centre)

XL Digital Services Inc., 2010 CIRB 543, upheld 2011 FCA 179, (Federal: Contractor’s technical services connecting Rogers’ customers to Rogers’ network)

Costs (Frais juridiques)

Mallet, 2015 CIRB 800 (Costs awarded in DFR complaint; Board applies principle of proportionality in making a costs order for its specific proceeding)

Scott, 2014 CIRB 710 (Board awards costs only in exceptional situations; contribution towards costs awarded in a successful DFR complaint)

Teamsters, Local Union 847, 2011 CIRB 605, affirmed 2012 FCA 210, (No costs awarded to successful complainants for complaint contesting their union’s imposition of discipline)

Milkson, 2010 CIRB 500 (Board did not award a trade union costs for its successful defence against a DFR complaint)

Deferral s.16(L.1) (decision) (Reporter – décision)

Duchemin, 2016 CIRB 805 (Board can defer hearing a matter on its own motion; case deferred when arbitrator deciding whether to extend collective agreement’s time limits and hear complainant’s grievance)

Bell Mobility Inc., 2012 CIRB 626 (Board did not defer hearing its case when no other concurrent process taking place)

Air Canada, 2012 CIRB 624 (Board deferred single employer/sale of business case given that related issues already being pursued before a labour arbitrator)

Air Canada, 2011 CIRB 599 (No deferral of a health and safety complaint when only the Board had the jurisdiction to resolve the specific issue)

Reimer Express Lines Ltd., 2011 CIRB 585 (Board deferred hearing multiple applications and complaints, since a pending arbitration would establish the proper interpretation of the collective agreement)

BCMEA, 2011 CIRB 578 (Unlawful strike application deferred in favour of parties’ expedited arbitration process)

Mitchell, 2010 CIRB 559 (Board deferred DFR complaint given a concurrent human rights proceeding)

Rees, 2010 CIRB 499 (Board deferred DFR complaint, since trade union had already asked arbitrator to extend the missed time limits for the grievance)

Document Production (Production des documents)

Cowessess First Nation #73, 2015 CIRB 762 (Three distinct scenarios exist for document production)

Merhi, 2014 CIRB 747 (Purpose of the Regulations is to ensure parties produce all relevant documentation)

Intek, 2013 CIRB 683 (During bargaining, an employer ought to have produced a relevant client contract to the trade union, subject to the redaction of confidential and sensitive business information)

Duty to bargain in good faith (Devoir de négocier)

Camionnage GHL Inc., 2013 CIRB 699 (Refusing to sign a collective agreement which is already in force does not violate the Code)

Intek, 2013 CIRB 683 (Insistence on a right to change wages unilaterally during the collective agreement and adding new proposals late in the process violated the duty)

City of Yellowknife, 2012 CIRB 661 (No violation where a novel and good faith dispute existed over the validity of the notice to bargain)

Canada Post Corporation, 2012 CIRB 627 (A disagreement about the impact of a bridging clause on the Code’s freeze provision did not amount to bad faith bargaining)

Shaw Communications Inc., 2011 CIRB 577 (Violation when employer refused to meet due to pending Board complaints; collective agreement proposal can contain different terms for different regions)

VIA Rail Canada Inc., 2011 CIRB 569 (A dispute arising from the validity of a notice to bargain did not amount to bad faith bargaining)

Duty of Fair Representation (Devoir de représentation juste)

Gagné, 2016 CIRB 834 (When only one key fact about an alleged death threat had to be determined, a bargaining agent was justified to withdraw a grievance by relying on a confidential interview with another bargaining unit member and without providing identifying particulars to the complainant)

Fumagalli, 2016 CIRB 808 (No prima facie case that union had acted arbitrarily in the negotiation of a last chance agreement)

Reid, 2016 CIRB 807 (Dispute about shop steward position falls outside DFR process; No prima facie case if complainant fails to provide key documents at the heart of the complaint)

Provencher, 2015 CIRB 787 (Complainant failed to demonstrate collective agreement obliged union to represent him before CSST)

Torabi, 2015 CIRB 781 (Analysis of the scope of the DFR; DFR does not extend to disputes over interpretations of a trade union’s constitution)

Soucy and Guay, 2015 CIRB 771 (Differences of opinion over an arbitrator’s decision on seniority issues does not violate DFR)

Hrechuk, 2015 CIRB 758 (Despite its limited role concerning the merits of a DFR complaint, an employer is entitled to receive all pleadings)

Frayling, 2015 CIRB 757 (No prima facie case; union entitled to negotiate settlement rather than proceed with a scheduled arbitration)

Ménard, 2015 CIRB 753 (Union’s frankness did not cause duress when member given option to resign as part of settlement or maintain status quo of dismissal for cause)

Lacasse, 2014 CIRB 739 (DFR complaint an improper collateral attack on merits of arbitrator’s decision; Board does not micromanage legal counsel’s actions)

Heitzmann, 2014 CIRB 737 (Union entitled to halt arbitration due to complainant’s lack of cooperation; union’s response, including documentation, provided full particulars on the process it had followed)

Smith, 2014 CIRB 733 (Union not obliged to take grievance to arbitration merely because it raised human rights issues; no prima facie case)

Mallet, 2014 CIRB 730 (Union acted arbitrarily due to perfunctory examination of an absent employee’s request to file accommodation grievance)

Goodwin, 2014 CIRB 723 (Union respected DFR when it decided not to continue representing terminated member at arbitration following revocation of its certification)

Scott, 2014 CIRB 710 (DFR violation when union stopped communicating with complainants and provided no reasons why it was not proceeding to arbitration following the negotiated reinstatement of certain other similarly-situated employees)

Reid, 2013 CIRB 693 (If the Board finds a prima facie case exists, the trade union must provide a properly particularized response to the allegations)

Browne, 2012 CIRB 648 (No prima facie case; legal counsel at arbitration not obliged to follow grievor’s instructions on how to plead the case)

Mallette, 2012 CIRB 645 (Union entitled to change its interpretation of a seniority provision, even if it had previously supported the complainant’s position)

Singh, 2012 CIRB 639 (Board examines union’s process and not correctness of its decision; Board does not determine the merits of a grievance; employer’s role is limited, except for remedy; violation when union accepted employer’s evidence without showing it to complainant)

Canada Post Corporation, 2010 CIRB 558 (In exceptional cases, employer’s usual observer role may extend to participating in the merits of a DFR complaint; employer participates fully in remedy stage)

Crispo, 2010 CIRB 527 (Prima facie case test accepts complainant’s materials facts as true and then determines if those facts could amount to Code violation; disagreement over collective agreement interpretation did not raise prima facie case)

Milkson, 2010 CIRB 500 (Union acted reasonably in communicating with grievor’s legal counsel; grievor has obligation to assist the trade union; trade union not comparable to legal counsel; rather, it has carriage of grievance and makes the final decisions)

Rees, 2010 CIRB 499 (Board does not hold trade unions to a standard of perfection)

Lamolinaire, 2009 CIRB 463 (Complainant has an obligation to help the union in identifying witnesses and locating important documentation; a union’s refusal to provide a member with relevant information following the filing of a complaint with the Board could raise serious concerns)

Staples, 2009 CIRB 448 (Union, as it continues to gather evidence, may cancel scheduled arbitration dates and negotiate a settlement)

Schiller, 2009 CIRB 435 (Employer’s role is usually that of an observer in DFR complaints; Board analyzes union’s process; interpersonal situation did not demonstrate bad faith; no violation in deciding not to take 19-year employee’s termination to arbitration)

Kasim, 2008 CIRB 432 (No prima facie case; Union followed all steps in expedited arbitration process; Bargaining agent not like a private sector lawyer and is not obliged to follow grievor’s instructions)

Mughal, 2008 CIRB 418 (Union’s strategic decision at arbitration not to ask for the right to submit further evidence did not violate Code)

Blanchet, 2008 CIRB 467, affirmed 2009 FCA 103, (No prima facie case; union’s decision not to contest last chance agreement included a review by its legal counsel)

Employee Wishes (Volonté des employés)

Rooley, 2015 CIRB 759 (Wishes investigated confidentially; Board excluded evidence of employee wishes signed before the application date, but only filed with a response to the revocation application)

TNT Express (Canada) Ltd, 2012 CIRB 629 (An applicant’s alleged disclosure about its membership evidence did not make a certification application inadmissible)

Bell Mobility Inc., 2011 CIRB 579 (Board ensured confidential investigation in a related certification application considered allegations of intimidation; Board and its personnel must ensure the veracity of membership evidence)

FedEx Ground Package System, 2010 CIRB 522 (The application date is crucial in certification matters; fairness dictates that membership evidence neither be added to, nor subtracted from, after the application date)

Genesee & Wyoming Inc., 2007 CIRB 388 (Board did not allow a withdrawal, but instead dismissed a certification application due to irregular membership evidence)

First contract arbitration (Première convention collective)

Intek, 2013 CIRB 683 (Analysis of Minister’s and the Board’s respective roles)

Freeze (Gel statutaire)

Canada Post Corporation, 2012 CIRB 627 (Collective agreement no longer applies once the freeze has ended; freeze ends even though parties cannot yet commence a lawful strike or lockout)

Hamlet of Kugaaruk, 2010 CIRB 554 (Changes to terms and conditions of employment did not meet “business as before” test; anti-union animus not a requirement in freeze complaints)

Health and Safety (Santé et Sécurité)

Roy, 2016 CIRB 822 (A harassment complaint filed under an employer’s internal policy could, in certain situations, be considered a Part II process for a complaint contesting subsequent discipline)

Perron-Martin, 2014 CIRB 719 (Board not persuaded that a harassment complaint under an internal employer policy constituted a Part II process for the purposes of a complaint)

Bazrafshan, 2014 CIRB 707 (A letter from an employee’s doctor is not a work refusal; employer actions under the collective agreement did not constitute reprisals)

Leslie, 2013 CIRB 694 (A change to regular duties could constitute discipline; Board not satisfied disputes arising from accommodation requests and the collective agreement demonstrated retaliation for raising safety concerns)

Paquet, 2013 CIRB 691 (Board deals only with reprisal complaints and not questions regarding the enforcement or interpretation of Part II; where no work refusal in issue, Board examines whether there was i) discipline; ii) a Part II process and iii) a nexus between the two)

Isinger, 2013 CIRB 688 (Employee always remains the complainant, even if a designate filed the complaint; a work refusal is not an appeal route for frustration with other ongoing Part II matters)

Aleksandrov, 2011 CCRI 602 (Employee had reasonable cause to believe danger existed; Code violation when employer ordered employee to keep working, rather than investigate the work refusal)

Air Canada, 2011 CIRB 599 (The ICRP is not a condition precedent to the filing of a reprisal complaint)

Grolla, 2011 CIRB 592 (Safety concerns without more do not constitute a valid work refusal; discipline imposed for threatening emails and not due to the concurrent exercise of Code rights)

Cahoon, 2010 CIRB 548 (Safety complaint not moot merely because employee reinstated by arbitrator; Board has sole jurisdiction to determine Part II reprisal complaints)

Rathgeber, 2010 CIRB 536 (Board’s jurisdiction is limited to reprisal complaints; Part II contravention complaints are dealt with by others)

Court, 2010 CIRB 498 (A low threshold applies to the requirement that an employee have a reasonable cause to believe a danger exists; employer did not meet its burden when discipline imposed before proper investigation)

Aker, 2009 CIRB 474 (One incident can give rise to multiple independent proceedings under the Code; Board’s jurisdiction limited to alleged reprisals with special procedures if a work refusal is involved; discipline for a workplace fight not a reprisal)

Kryshewsky, 2008 CIRB 412 (Employer’s decision to use two community mailboxes was not a retaliation for the raising of safety concerns, but flowed from findings of a health and safety officer)

Hearings (Audiences)

Seward, 2016 CIRB 815 (A complainant’s death does not automatically terminate a Board proceeding)

Cowessess First Nation #73, 2016 CIRB 812 (A continuing failure to provide witness summaries and/or produce documents could lead to a refusal by the Board to hear a party’s reply evidence)

Persona Communications Inc., 2015 CIRB 760 (Additional written submissions allowed the Board to decide a certification case without the need for an oral hearing)

Ms. Z, 2015 CIRB 752 (Board does not generally allow transcripts of its hearings)

TNT Express (Canada) Ltd., 2013 CIRB 670 (Rather than hold an oral hearing, Board may obtain further information via written submissions; case management conferences and/or an investigation by a Board Officer)

Mathys, 2011 CIRB 571 (Parties must file full pleadings, since Board may decide not to hold an oral hearing)

Lévesque, 2011 CIRB 562 (Board can decide unfair labour practice complaint without an oral hearing)

Federal Express Canada Ltd., 2010 CIRB 519 (Complaint dismissed based solely on the pleadings)

Milkson, 2010 CIRB 500 (Board did not hold oral hearing for a DFR complaint, since it examines the trade union’s process rather than the merits of a grievance)

Aker, 2009 CIRB 474 (Board can decide case based on written submissions despite initially scheduling an oral hearing)

Hearing Dates (Dates d’audience)

Westjet, 2014 CIRB 734 (Board imposed certain oral hearing dates in an unfair labour practice complaint)

Andree, 2011 CIRB 589 (Board may impose hearing dates)

Interim Orders (Ordonnance provisoire)

Westjet, 2016 CIRB 813 (Board did not order interim reinstatement of a terminated union Treasurer; the complaint would be dealt with under the Board’s expedited process)

Canadian Freightways, 2014 CIRB 722 (No interim order when arbitrator already seized with some of the issues)

Trentway-Wagar Inc., 2010 CIRB 493 (Board issued interim order when one trade union refused to respect another trade union’s certification and bargaining unit)

Transpro Freight Systems Ltd., 2008 CIRB 422 (Interim order provision provides Board with large discretion; analysis focuses on Code’s objectives; order issued when employer suggested union organizers’ jobs in jeopardy)

Interventions (Interventions)

TNT Express (Canada) Ltd, 2012 CIRB 629 (In a certification application, the Board denied an intervention request from two employees in the proposed bargaining unit)

Lockout (Lock-out)

Bell Expressvu LP, 2012 CIRB 649 (Unlawful lockout when employer prevented employees from working during the 72-hour strike notice period, despite maintaining their remuneration)

Canada Post Corporation, 2012 CIRB 627 (Changes to working conditions following the expiration of the freeze did not amount to an unlawful lockout; a general letter cannot later become a valid lockout notice)

Longshoring (Débardage)

Avant-garde Sécurité Inc., 2014 CIRB 728 (Concept of « actively engaged » separates longshoring companies from those who merely service the longshoring industry)

Maintenance of activities (Maintien de certaines activités)

Marine Atlantic Inc., 2007 CIRB 386 (Analysis of the different stages and the Board’s varying roles in an “essential services” application; Board advised Minister the parties’ agreement satisfied the Code)

Manager Exclusion (Exclusion – Poste de direction)

Persona Communications Inc., 2015 CIRB 760 (TV producers were not managers and had employee status under the Code)

Mediation (Médiation)

Vitran Express Canada Inc., 2011 CIRB 598 (Settlement discussions with Board staff are privileged; Board may agree to order vote as part of a settlement, but will not know any other details)

Mughal, 2008 CIRB 418 (Board mediation process with Industrial Relations Officer is strictly privileged; the discussions will not be communicated to the Board)

Natural Justice/Fairness (Justice naturelle)

Rooley, 2015 CIRB 759 (A failure to identify and analyze a novel legal issue is an error, but does not demonstrate bias)

Sanimax EEI Inc., 2010 CIRB 488 (No denial of natural justice to issue reasons sometime after ordering a vote)

Notice to bargain (Avis de négociation)

City of Yellowknife, 2012 CIRB 661 (Notice to bargain may be given even after the expiration of the current collective agreement)

VIA Rail Canada Inc., 2011 CIRB 569 (Notice must be given no earlier than within four months of the expiration of the collective agreement)

Pleadings (Actes de procédure)

Seward, 2016 CIRB 815 (If a complainant’s estate did not file by a fixed date any submissions on its ability to continue with a pending complaint, the Board would dismiss the matter)

Rai, 2014 CIRB 743 (Board ordered self-represented complainant to recast DFR pleading, including providing references about the relevance of the almost 2000 appended pages)

Shmig, 2014 CIRB 724 (Complaint dismissed when complainant failed to provide properly particularized pleading)

Reid, 2013 CIRB 693 (The Board may dismiss a case if the pleading does not meet the minimum requirements found in the Regulations)

Wildman, 2013 CIRB 675 (Preliminary objections do not relieve a party of its obligation to respond fully to a matter)

Canadian National Railway Company, 2009 CIRB 461 (Board may decide an application despite a party purporting to reserve its right to file further submissions)

Secure Distribution Services Ltd, 2008 CIRB 425 (Board decided case when respondents failed to respond to the union’s sale of business and single employer applications)

Raid (Maraudage)

Rooley, 2015 CIRB 759 (Board will hold a vote if the applicant demonstrates majority support)

Reasons for decision (Motifs de décision)

Persona Communications Inc., 2015 CIRB 760 (The Board must provide at least a concise explanation for its decision about inclusions and exclusions from a bargaining unit)

Beaulieu, 2011 CIRB 570 (One set of reasons may deal with multiple complaints)

Reconsideration – recent decisions (Réexamen)

Reid, 2016 CIRB 818 (The Board summarily dismissed a reconsideration application which raised no prima facie case and simply sought to reargue the original case)

Petrovic, 2015 CIRB 788 (Reconsideration is discretionary, rather than a statutory right. Parties have no right to an appeal of or a hearing de novo for Board decisions)

Bomongo, 2015 CIRB 768 (Reconsideration application for duty of fair representation decisions also subject to prima facie case test; “new facts” test does not apply to evidence a party could have filed with original complaint)

Société Radio-Canada, 2015 CIRB 763 (A reconsideration panel does not rehear the original matter)

Ms. Z, 2015 CIRB 752 (A reconsideration panel does not decide if it prefers the majority or minority reasons from the original decision; differences of opinion are not errors of law or policy)

Gosselin, 2014 CIRB 717 (Board does not revisit facts or consider new legal arguments on reconsideration)

Buckmire, 2013 CIRB 700 (The main reconsideration grounds remain i) new facts; ii) error of law or policy and iii) denial of natural justice or procedural fairness; Board does not decide its cases twice)

Colispro Inc., 2011 CIRB 613 (Applicant cannot raise new arguments which were not pleaded before the original panel)

Mathys, 2011 CIRB 571 (Board may extend time limits for reconsideration applications)

Canada Post Corporation, 2010 CIRB 558 (Board may consider its well-known and longstanding practices during a reconsideration application)

Canadian National Railway Company, 2009 CIRB 461 (Reconsideration panel does not substitute its discretion for that of the original panel)

Kies, 2008 CIRB 413 (Pleading requirements for reconsideration applications; analysis of the long standing grounds for reconsideration)

Refusal to hear complaint 98(3) (Refuser d’instruire une plainte)

Bell Mobility Inc., 2012 CIRB 626 (Board’s power to refuse to hear certain complaints is conditional on arbitration being available under a collective agreement)

Canada Post Corporation, 2012 CIRB 627 (Board did not decide a freeze complaint given that it involved the interpretation of a bridging provision in the collective agreement)

Air Canada, 2011 CIRB 599 (Board refused to hear complaint which arbitrator under parties’ collective agreement could determine)

Expertech Network Installation Inc., 2009 CIRB 481 (Board can refuse to hear a complaint even if arbitration has already taken place)

Religious Objection (Objection d’ordre religieux)

Farrell, 2015 CIRB 794 (No exemption granted when employee’s continued employment was not in jeopardy; trade union not insisting that employee sign a membership card)

Remedies (Redressement -mesure de)

Cowessess First Nation #73, 2015 CIRB 762 (Board ordered employer to provide proper summaries of its witnesses’ evidence)

Rooley, 2015 CIRB 759 (A reconsideration panel returns any outstanding issues to the original panel)

Mallet, 2014 CIRB 730 (Board ordered union to pay reasonable costs for the DFR complaint and the employee’s subsequent arbitration)

Scott, 2014 CIRB 710 (Board sent grievances to arbitration; awarded certain legal costs for complaint and the arbitration)

Intek, 2013 CIRB 683 (Extensive remedies ordered for bad faith bargaining and other Code violations, including the right for union to meet with employees during paid working hours and employer to resubmit earlier final offer containing additional Board-ordered provisions)

Singh, 2012 CIRB 639 (DFR remedy may only require union to do a fresh case analysis, except where relationship has become too adversarial)

Teamsters, Local Union 847, 2011 CIRB 605, affirmed 2012 FCA 210, (Internal union charges ordered rescinded and fines paid reimbursed)

Plante, 2011 CIRB 582 (Union official reinstated; his conduct is a relevant factor in determining the compensation owing)

Canada Post Corporation, 2010 CIRB 558 (Board established extent of an employer’s liability for a grievance sent to arbitration following a successful DFR complaint)

Hamlet of Kugaaruk, 2010 CIRB 554 (Changes to terms and conditions of employment rescinded due to violation of statutory freeze)

Hamlet of Kugaaruk, 2010 CIRB 502 (Board ordered posting of Notice to Employees informing them certain employer actions had violated the Code)

Court, 2010 CIRB 498 (A short term employee who did not ask for reinstatement in a Part II health and safety case received payment of remuneration for a set period of time)

Trentway-Wagar Inc., 2010 CIRB 493 (Board ordered employer to reimburse to employees the union dues it had improperly deducted and given to a rival union)

BCMEA, 2009 CIRB 485 (Analysis Board conducts when deciding whether to file one of its orders in court)

Secure Distribution Services Ltd, 2008 CIRB 425 (Board unable to impose collective agreement as a remedy in single employer application)

Replacement workers (Travailleurs de remplacement)

Intek, 2013 CIRB 683 (In an industry with significant turnover, the hiring of new employees during collective bargaining did not give rise to a representational dispute)

Review s.18.1 (Bargaining units) (Révision, unités de négociation)

Société Radio-Canada, 2015 CIRB 763 (Board during a review does not have to conclude that each and every bargaining unit has become inappropriate for collective bargaining)

United Airlines Inc., 2013 CIRB 686 (Following a sale, Board established expiry date for two existing collective agreements so that collective bargaining for a single agreement could begin)

Viterra Inc., 2009 CIRB 465 (Board prefers a reconfiguration of bargaining units which promotes collective bargaining; Board consolidated four bargaining units)

Canadian National Railway Company, 2009 CIRB 461 (Board can consider collective bargaining history when deciding if units are no longer appropriate for collective bargaining)

Hodder Tugboat Co. Ltd., 2009 CIRB 443 (Board decided that the dovetailing of seniority would take effect as of the date the Board issued its decision confirming that a sale of business had taken place)

Viterra Inc., 2009 CIRB 442 (Board reviews bargaining units following a sale when the transaction has given rise to labour relations issues, including the intermingling of employees)

Review s.18 (General power) (Révision: générale)

Gitxsan Health Society, 2014 CIRB 748 (Contesting the Board’s constitutional jurisdiction over an employer is not subject to any time limit)

Richardson International Limited, 2014 CIRB 721 (Scope of union’s bargaining unit does not include a larger purchaser’s non-union employees)

Buckmire, 2013 CIRB 700 (Reconsideration is just one component of the Board’s review power; the Board may use its review power to clarify the scope of a bargaining unit; revoke an abandoned certificate or consider if it still has jurisdiction over the parties)

Dilico Anishnabek Family Care, 2012 CIRB 655 (Questions concerning the Board’s jurisdiction do not involve the Board’s reconsideration process and can be reviewed at any time)

Garda, 2010 CIRB 503 (Board maintains jurisdiction over the description of its bargaining units; Board concluded scope of a Quebec bargaining unit did not cover Ontario employees)

Viterra Inc., 2009 CIRB 442 (Board can no longer use its general review power to merge bargaining units; bargaining unit reviews have been codified under another Code section; scope of bargaining unit limited to Saskatchewan)

Revocation (Révocation)

Rooley, 2015 CIRB 759 (Employees not required to advise applicant of change of heart in their support; Board generally holds a vote if applicant has majority support)

Butt, 2012 CIRB 621 (Heightened protection against revocation when a new bargaining agent negotiates its first collective agreement)

Sanimax EEI Inc., 2010 CIRB 488 (Rules for revocation more flexible for cases of voluntary recognition, since employees, unlike in a certification, were not necessarily consulted)

Frieson, 2009 CIRB 436, upheld 2010 FCA 339, (Revocation timely when collective agreement had not yet been ratified by both parties)

Genge, 2007 CIRB 395 (A special protection against revocation exists for a new bargaining agent which has not concluded a first collective agreement; a similar protection exists for all bargaining agents once the right to strike/lockout has been obtained)

Sale of business (Vente d’entreprise)

Richardson International Limited, 2014 CIRB 721 (Board declined to review bargaining unit following a non-union employer’s purchase of a unionized business)

Great Canadian Railtour Company Ltd, 2013 CIRB 703 (Loss of contract to provide running trades crews did not constitute a sale of business)

United Airlines Inc., 2013 CIRB 671 (Following a merger of two airlines, Board declined to create a national bargaining unit but kept the airport by airport structure; run off vote ordered to determine bargaining agent in Toronto)

Trentway-Wagar Inc., 2010 CIRB 550 (Board identified the date of the sale of business given its impact on a certification application)

Sanimax EEI Inc., 2010 CIRB 488 (One employer’s collective agreement does not automatically apply to new employees when a sale of business takes place)

Hodder Tugboat Co. Ltd., 2009 CIRB 443 (A sale is not dependent on the Board issuing a declaration; the trade union’s bargaining rights bound the purchaser as of the sale date)

Viterra Inc., 2009 CIRB 442 (Code contemplates the sold business having one or more bargaining units)

Settlements (Règlements)

Murwanashyaka, 2015 CIRB 791 (Board may dismiss a settled complaint even if a party disputes whether certain agreed-to settlement terms fulfilled)

Vitran Express Canada Inc., 2011 CIRB 598 (Settlement discussions with Board staff are privileged; Board may agree to order vote as part of a settlement, but will not know any other details)

Single employer (Employeur unique)

Great Canadian Railtour Company Ltd, 2013 CIRB 703 (CP’s contractual control over a tourist train’s proposed use of CP track did not make the two independent entities a single employer)

Viterra Inc., 2009 CIRB 442 (Multiple employers must exist at the time the Board makes its decision)

Secure Distribution Services Ltd, 2008 CIRB 425 (Single employer declaration issued when evidence demonstrated employer attempting to undermine the bargaining unit)

Standing (Statut juridique)

Soucy and Guay, 2015 CIRB 771 (A bargaining unit member has sufficient standing to file a duty of fair representation complaint, even if he/she suffered no direct prejudice)

Strike - unlawful (Grève illégale)

BCMEA, 2011 CIRB 578 (Board may issue unlawful strike declaration, even though no damage has yet occurred)

British Columbia Terminal Elevator Operators’ Association, 2008 CIRB 428 (Unlawful strike may occur even if a collective agreement provision allows employees to refuse to cross a picket line; prohibition on mid-contract work stoppages does not violate either freedom of association or freedom of expression)

BCMEA, 2007 CIRB 397 (Advice to employees not to complete legislated security clearance applications constituted an unlawful strike)

Successorship – trade unions (Succession – syndicats)

Purolator Courier Ltd., 2011 CIRB 601 (Support from union members is not a precondition for trade union successorships)

Supervisors (Surveillants)

Persona Communications Inc., 2015 CIRB 760 (Four producers, even if they had some supervisory functions, were included in a small 18 person bargaining unit)

Time Limits (Délai de présentation)

Roy, 2016 CIRB 822 (The 90-day time limit did not run while a complainant was medically unable to work)

Reid, 2015 CIRB 807 (No time limit extension granted since complainant failed to provide documentation in support of her request)

Lacasse, 2014 CIRB 739 (Delay before receiving arbitral decision does not interrupt DFR time limits)

Perron-Martin, 2014 CIRB 719 (90-day time limit extended when diligent complainant filed complaint initially with provincial authorities)

Bazrafshan, 2014 CIRB 707 (Board can extend time limits for complaints under Part II; an email to the Board is not a complaint for the purposes of the 90-day delay)

Browne, 2012 CIRB 648 (Delay does not run just because a grievor is being patient and awaiting information for her union; Board examines whether grievor knew of the specific matters about which she complained long afterwards)

Kerr, 2012 CIRB 631 (DFR complaint filed 19 months late is untimely; opposing parties entitled to treat a matter as finished once time limits have passed)

Torres, 2010 CIRB 526, upheld 2012 FCA 69, (Board did not extend the time limits for complaints filed six months too late)

Unfair labour practice – employers (Pratique déloyale – employeurs)

Intek, 2013 CIRB 683 (Employer cannot poll employees on their strike intentions; captive audience meetings mislead employees and were not protected by employer’s free speech rights; employer violated Code by taking certain actions against key union organizers)

Acadian Coach Lines LP, 2012 CIRB 654 (Board reinstated union president because his actions for his members had not exceeded the scope of protected activities under the Code)

BHP Billiton Canada Inc., 2012 CIRB 634 (Board cannot review an arbitrator’s decision; refusal to consent to the taking of a view did not demonstrate interference in union affairs)

Plante, 2011 CIRB 582 (Employer’s rush to terminate union supporter, despite the employee’s ill-advised acts, violated Code)

Lévesque, 2011 CIRB 562 (Employer cannot bar terminated union president from representing his members)

Federal Express Canada Ltd., 2010 CIRB 519 (Employer satisfied burden by demonstrating discipline unrelated to organizing campaign)

Hamlet of Kugaaruk, 2010 CIRB 502 (Employer letter suggesting supporting a union may result in benefit losses violated Code)

Canadian National Railway Company, 2010 CIRB 501 (Employer satisfied Board certain changes occurred for operational reasons and not due to anti-union animus; arbitrator would decide whether changes respected collective agreement)

Unfair labour practice – unions (Pratique déloyale – syndicats)

Cowessess First Nation #73, 2015 CIRB 801 (A trade union which spoke with an employer witness, who later testified, did not intimidate her, especially since it held no position of authority over her)

Thibeault, 2014 CIRB 711 (Board does not resolve disputes about the proper interpretation of a union’s constitution)

Teamsters, Local Union 847, 2011 CIRB 605, affirmed 2012 FCA 210, (Unlawful discipline imposed against members exercising their Code right to support a raiding union)

Bell Mobility Inc., 2011 CIRB 579 (Allegation employees mislead during organizing campaign did not amount to intimidation or coercion)

Hamlet of Kugaaruk, 2010 CIRB 511 (A union’s email response to an employer’s letter was not an attempt to solicit during working hours)

Venue (Lieu de l’audience)

Westjet, 2014 CIRB 734 (Change in venue from Toronto due to case’s substantial connection to Calgary)

Vote (Scrutin de représentation)

Vitran Express Canada Inc., 2011 CIRB 598 (Board accepted parties’ request to order representation vote to resolve pending certification application and unfair labour practice complaints)

Handlex Groundhandling Services Inc., 2009 CIRB 480 (The fact a large number of union members walk out of a ratification vote does not impact the validity of the results)

Witness summaries (Témoins)

Cowessess First Nation #73, 2015 CIRB 762 (Board ordered employer to provide proper summaries of its witnesses’ evidence)

Plante, 2011 CIRB 582 (A one sentence will-say statement does not satisfy the Regulations’ requirements)