WE WON! - CN’s RAIL JUDICIAL REVIEW APPLICATION – DISMISSED

At 09:30 hours on March 31st, 2008, the Federal Court of Appeal Canada commenced the hearing into Canadian National Railway’s (CN) Judicial Review Application.

As most of you know CN filed a complaint against the General Chairpersons to the Canada Industrial Relations Board (CIRB) claiming that the strike notice was invalid and any strike by the membership would also be invalid.

The UTU International supported CN’s complaint. CN sought considerable remedies against the General Chairpersons but strangely no damages or relief against the UTU International.

As you are no doubt aware on February 19th, 2007, the CIRB rejected the position of CN and the UTU International saying that the conduct and decisions of the General Chairpersons were in compliance with the Canada Labour Code; AT ALL TIMES.

The Court Hearing

The Respondents (the General Chairpersons) were represented by M. Church of the Law firm of Caley/Wray (Rex Beatty and many other UTU GCA representatives were in attendance in support of the named Respondents).

The Applicant CN Rail sent its two most Senior Counsel. The UTU International sent two Legal Counsel.

Mr. Church raised a preliminary matter advising the Justices that, in the opinion of the Respondents, the issue before the Court was now “moot”, this given everything that happened after the CIRB ruled on February 19th including the Final Offer Selection Process (FOS) which was ruled in favour of CN. As you know CN and the UTU International kept your GCA’s out of the process despite their efforts to help and participate in such. We argued that there were no good reasons to continue with CN’s fight against the Canadian CN - GCAs any further.

The point; why was CN and the UTU International so insistent on continuing this case against us (especially when considering the cost to do so).

The Decision

The Court, in a unanimous decision, after deliberating for only 20 minutes, ruled from the bench in our favour.

The Application for Judicial Review from CN Rail was dismissed by the Court.

Other Comments

More to follow once I return to Sault Ste. Marie – I will keep you posted.

Rex Beatty