UPDATE: MARCH 31ST – JUDICIAL REVIEW – DECISION OF THE CIRB – LEGAL STRIKE

I will be traveling to Toronto shortly to attend the hearing on CN Rail’s Judicial Review application, this to be heard on March 31st.

As you may be aware on February 19th, 2007, the Canada Industrial Relations Board (CIRB) ruled that the strike initiated by the former Union Negotiating Team, resulting from a 96% membership strike mandate, was legal under the Canada Labour Code (the Board’s written decision was issued March 2nd, 2007).

CN Rail subsequently appealed the decision of the CIRB by way of a Judicial Review (JR) application.

The positions of all parties have been previously sent to the “Court” by way of “factums”. The Court will now address the issue(s) raised by the parties.

My view and summary of the respective parties’ positions are;

1. The Respondents (the General Chairpersons – and the Canadian Membership) will be represented by M. Church of CaleyWray. – The position of the Respondents is to have the “Court” dismiss CN Rail’s (and the UTU International’s) arguments – in other words, the Respondents position is to persuade the “Court” to let the CIRB decision stand.

2. CN Rail will be represented by their Counsel – essentially requesting that the “Court” take issue with the CIRB decision – in other words, CN Rail’s position is to have the “Court” dismiss the decision of the CIRB.

The UTU International, represented by Brian Shell, - will, as an Intervener – request the “Court” to take issue with the CIRB decision – in other words, as with CN Rail, the UTU International’s position is to have the “Courts” dismiss the decision of the CIRB.

FURTHER UPDATES:

It is my intentions to immediately post the results of the hearing March 31st, if the decision is rendered on that day.

I expect that the hearing will take most of the day so any posts will most likely not be available until later in the evening of March 31st.

Rex Beatty