Transportation
Teamsters Local 31 in contempt of court for impeding traffic during Rocky Mountaineer labour dispute
In Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31 2011 BCSC 1720, the court found that the Teamsters Local Union 31, through its officers, had deliberately disobeyed a previous court order (as it relates to not impeding traffic) and thus the union was in contempt of court.
This was the second time the union had been found to be in contempt of a court order during the Rocky Mountaineer labour dispute. The first time is detailed in this decision: Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31, 2011 BCSC 1149.
BC court issues precedent decision on penalties for breach of Canada Labour Code group termination provisions
In Regina v. Servisair Inc. BCPC 142, the BC Provincial Court addressed the appropriate penalties to impose for breach of certain Canada Labour Code ("CLC") group termination provisions.
The decision was issued on May 10, 2011. It is the first reported decision in Canada to consider the penalty issue.
Group Termination Provisions
The group termination provisions in the CLC are triggered when 50 or more employees are terminated in a single industrial establishment either simultaneously or within a 4-week period. Among other things, these provisions require the employer to: read more »
Pilot at top of Air Canada seniority list files complaint with CIRB over mandatory retirement issue
The Globe and Mail has a story today ("A pilot's quest to remain at the top") on the latest chapter of the long-running dispute between Air Canada, the Air Canada Pilots Association ("ACPA") and individual pilots over the airline's mandatory rule.
There are 3,039 pilots on the seniority list. Michael Ennis, who joined Air Canada in 1972, rose to the top of the list in February 2010. He turns 60, however, in April of this year and is being forced to retire by the airline.
The ACPA has apparently declined to represent him in this matter, thus prompting him (and two other pilots) to file complaints against the ACPA with the Canada Industrial Relations Board (CIRB) yesterday.
I am presuming that they are duty of fair representation complaints. As stated on the CIRB's website: read more »
Bombardier ordered to cease applying US national security standards when processing training requests for pilots
In Commission des droits de la personne et des droits de la jeunesse c. Bombardier inc. (Bombardier Aerospace Training Center), 2010 QCTDP 16, the Quebec Human Rights Tribunal ordered Bombardier to cease applying US national security standards when processing training requests for pilots seeking Canadian licences.
Aldona Gudas, a lawyer at Blakes, has written a summary of the decision (which is in English) in a Blakes bulletin that can be found here: "Bombardier to Pay Damages Under Quebec Human Rights Tribunal Decision" (February 18, 2011).
In her article, Ms. Gudas states that this decision:
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