Law360 Canada ( June 1, 2017, 8:43 AM EDT) -- Applications by the union and by the employer, FedEx, for judicial review of decision of the Industrial Relations Board finding that the employer had violated the Canada Labour Code in deciding to close the Surrey Service Centre and return to using local third-party cartage agents shortly after the Union had been certified to represent the dock associates working at the Centre, and of the remedy ordered. The employer had opened the Surrey Service Centre in 2013. In 2014, the Board certified the union, making it the first unionization of employees at any FedEx location in Canada. Before the commencement of collective bargaining, the employer informed the union that it had decided to close the Surrey Service Centre and to return to the third-party cartage model. The union filed a complaint alleging the employer breached its duty to bargain in good faith and unilaterally changed employees’ terms and conditions of employment during a freeze period. The Board found the employer did not engage in such conduct, but found that the employer’s closure announcement interfered with the formation and administration of the union and its representation of the dock associates. The Board found prima facie evidence of the Employer’s anti-union philosophy, which rendered unlawful the employer’s otherwise lawful right to close its business. The Board determined that the employer had discriminated against the dock associates because they participated in the formation of a trade union. The Board indicated that it would not compel an employer to continue operating a truly uneconomic undertaking. It ordered the employer to ensure that every dock associate would be offered employment by the third-party cartage agent on similar terms and conditions and that the union was recognized as the representative for the dock associates if the employees of the third-party cartage agent were not represented by a different trade union....