Date: 20030409
Docket: A-553-99
Neutral citation: 2003 FCA 182
CORAM: DÉCARY J.A.
LINDEN J.A.
SHARLOW J.A.
BETWEEN:
ERNIE LUBYK
Applicant
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 1541
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
and
FRONTEC LOGISTICS CORPORATION
Respondents
Heard at Winnipeg, Manitoba, on April 7, 2003.
Judgment delivered at Winnipeg, Manitoba, on April 9, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20030409
Docket: A-553-99
Neutral citation: 2003 FCA 182
CORAM: DÉCARY J.A.
LINDEN J.A.
SHARLOW J.A.
BETWEEN:
ERNIE LUBYK
Applicant
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 1541
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
and
FRONTEC LOGISTICS CORPORATION
Respondents
REASONS FOR JUDGMENT
DÉCARY J.A.
[1] The applicant is seeking judicial review of a decision dated July 28, 1999 of the Canada Industrial Relations Board.
[2] The Board dismissed the applicant's complaint of unfair labour practice filed by the applicant against his international union. The Board found that the complaint pertained to the same fact situation as in a previous complaint which had been dismissed more than two years earlier. The Board also found that the complaint was untimely and directed at the wrong party, the proper party being the local union rather than the international union.
[3] The Board's decisions are protected by a very strong privative clause (s. 22 of the Canada Labour Code) and despite Mr. Lubyk's valiant efforts, I have not been persuaded that the Board committed any reviewable error in reaching its decision. Mr Lubyk is obviously attempting to revive the complaint which was dismissed on August 12, 1996. A request for reconsideration of that decision was also dismissed on October 31, 1996.
[4] I would dismiss the application with costs. In the circumstances, I would set the costs at $1000 each in favor of the Local Union and of the Employer.
"Robert Décary"
J.A.
"I agree"
A.M. Linden J.A.
"I agree"
Karen R. Sharlow J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
DOCKET: A-553-99
STYLE OF CAUSE: Ernie Lubyk v. Int'l Brotherhood of Electrical Workers Local 1541 et al.
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: April 7, 2003
REASONS FOR JUDGMENT OF
THE HONOURABLE MR. JUSTICE DÉCARY
DATED APRIL 9, 2003
APPEARANCES:
Mr. Ernie Lubyk on his own behalf
Ms. Frederica Wilson for the Respondent International Brotherhood
of Electrical Workers and Local 1541
Mr. George Rontiris for the Respondent Frontec Logistics
SOLICITORS OF RECORD:
Mr. Ernie Lubyk on his own behalf
Caroline Engelmann Gottheil for the Respondent International Brotherhood
Barristers & Solicitors of Electrical Workers and Local 1541
500 - 30 Metcalfe Street
Ottawa, ON K1P 5L4
Emond Harnden LLP for the Respondent Frontec Logistics
Glebe Chambers
707 Bank Street
Ottawa, ON K1S 3V1
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