LABOUR RELATIONS BOARDS - Natural justice - Procedural fairness - Standard of review - Reasonableness

Law360 Canada (July 5, 2022, 6:06 AM EDT) -- Application by applicant for judicial review seeking to set aside the decision of the Federal Public Sector Labour Relations and Employment Board (Board) on grounds that the Board reached an unreasonable determination as it fundamentally changed the interpretation of statutory freeze provisions. The dispute arose between the Treasury Board (employer) and the National Police Federation (Federation). The Federation applied to the Board for certification as the bargaining agent for a bargaining unit composed of Royal Canadian Mounted Police (RCMP) regular members and reservists. RCMP members were not previously unionized, having been excluded from collective bargaining prior to the amendments to the Federal Public Sector Labour Relations Act (FPSLRA). The certification freeze remained in effect until 30 days following the certification of the Federation. While the Federation’s certification application was still pending, and the certification freeze was in place, the RCMP made the impugned change to its promotion policy. While the certification freeze was still in force, the RCMP amended its Career Management Manual (promotion policy). The employer did not advise bargaining unit members or the Federation of the change before it was made and did not seek the consent of the Board to the change. The employer argued it had reached a decision to implement the impugned policy change before the onset of the freeze period. The Board found the decision to make the impugned change was made well after the certification freeze commenced. The Board concluded the employer violated the statutory freeze by unilaterally implementing a change in employee eligibility for promotion in circumstances where the decision to make the change was reached by the employer after the commencement of the freeze period and was communicated to employees after the onset of the freeze....
LexisNexis® Research Solutions

Related Sections