Date: 20060508
Docket: A-445-05
Citation: 2006 FCA 168
PRESENT: LINDENJ.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
PHASECOM SYSTEMS INC doing business as MASTEC CANADA
Applicant
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Local 586
Respondent
Heard at Toronto, Ontario, on May 8, 2006.
Order delivered from the Bench at Toronto, Ontario, on May 8, 2006.
REASONS FOR ORDER OF THE COURT BY: SHARLOW J.A.
Date: 20060508
Docket: A-445-05
Citation: 2006 FCA 168
PRESENT: LINDENJ.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
PHASECOM SYSTEMS INC doing business as MASTEC CANADA
Applicant
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Local 586
Respondent
REASONS FOR ORDER OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on May 8, 2006)
SHARLOW J.A.
[1] The applicant challenges, on jurisdictional grounds, the decision of the Canada Industrial Relations Board to certify as a bargaining unit the cable television and cable internet technicians employed by the applicant to install, upgrade or remove hardware which connects or disconnects residential users to cable television or internet service owned and operated by Rogers Communications Inc. At present, the applicant operates only in Ontario.
[2] The jurisdictional question the applicant seeks to raise in this court was not put to the CIRB. However the applicant had argued before the Ontario Labour Relations Board that its activities brought it within federal labour jurisdiction. The Ontario Board agreed with that submission. The decision of the Ontario Board is apparently not the subject of any application for judicial review. The CIRB issued its decision after the Ontario decision, but gave no reasons and did not comment on the jurisdictional issue.
[3] We appreciate that the jurisdictional issue the applicant seeks to raise is a question of law. However, it is not satisfactory to deal with that legal issue for the first time on judicial review without the benefit of the CIRB's analysis of the relevant jurisdictional facts and issues:[1980] 1 S.C.R. 115"> Northern Telecom Ltd. v. Communications Workers of Canada, [1980] 1 S.C.R. 115. Indeed, it is not clear from the record of this case that the CIRB had any evidence of the jurisdictional facts.
[4] We are all of the view that this application should be dismissed with costs.
"K. Sharlow"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-445-05
STYLE OF CAUSE: PHASECOM SYSTEMS INC.
doing business as MASTEC CANADA
APPLICANT
- and -
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 586
RESPONDENT
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MAY 8, 2006
REASONS FOR ORDER: SHARLOW J.A.
CONCURRED IN BY: LINDEN J.A.
NOËL J.A.
DATED: MAY 8, 2006
APPEARANCES:
Ms. Patricia LeFebour FOR THE APPLICANT
Toronto, Ontario
Mr. Ronald Lebi FOR THE RESPONDENT
Toronto, Ontario
SOLICITORS OF RECORD:
Roy Elliott
Kim O'Connor FOR THE APPLICANT
Toronto, Ontario
Koskie Minsky FOR THE RESPONDENT
Toronto, Ontario
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