Canadian Air Line Pilots Association v. Canadian Airlines International Ltd., (1989) 27 F.T.R. 61 (TD)

• Judge: Joyal, J.
• Court: Federal Court (Canada)
• Case Date: February 13, 1989
• Jurisdiction: Canada (Federal)
• Citations: (1989), 27 F.T.R. 61 (TD)

CALPA v. Cdn. Airlines Intl. Ltd. (1989), 27 F.T.R. 61 (TD)

MLB headnote and full text

Canadian Air Line Pilots Association (petitioner/respondent) v. Canadian Airlines International formerly known as Pacific Western Airlines Ltd. (respondent/petitioner)

(T-2225-88)

Indexed As: Canadian Air Line Pilots Association v. Canadian Airlines International Ltd.

Federal Court of Canada

Trial Division

Joyal, J.

February 28, 1989.

Summary:

A grievor was successful in his grievance under a collective agreement. Problems arose with enforcement of the award and the employer refused to cooperate. The union filed the arbitration award in the court and subsequently filed a show cause application. The employer responded with an application to annul the registration of the award.

The Federal Court of Canada, Trial Division, dismissed the show cause application and referred the matter to the arbitrator. The court allowed the employer's application to annul registration of the award.

Arbitration - Topic 5688

The award - Enforcement - By entry as a judgment - When available - A grievor attempted to enforce his arbitration award under a collective agreement, but the employer refused to co-operate - The award was filed with the court and the union commenced contempt proceedings - The Federal Court of Canada, Trial Division, held that the arbitrator was still seized of the case and it was up to him to resolve the outstanding issues between the parties - The court, therefore, annulled the registration of the arbitration award and referred the matter to the arbitrator.

Cases Noticed:

International Brotherhood of Electrical Workers, Local 529 v. Central Broadcasting Co. Ltd., [1977] 2 F.C. 78, refd to. [para. 13].

St. Anne-Nackawic Pulp & Paper Co. Ltd. v. Canadian Paper Workers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236; 28 D.L.R.(4th) 1, refd to. [para. 18].

Syndicat des postiers du Canada v. Société Canadienne des Postes (1987), 16 F.T.R. 5, refd to. [para. 18].

Letter Carriers' Union of Canada v. Canada Post Corporation (1987), 8 F.T.R. 93, refd to. [para. 18].

Statutes Noticed:

Federal Court Rules, rule 355 [para. 1].

Counsel:

Lila Stermer, for the petitioner/respondent;

Danny J. Kaufer, for the respondent/ petitioner.

Solicitors of Record:

Gravenor Keenan, Montreal, Quebec, for the petitioner/respondent;

Heenan Blaikie, Montreal, Quebec, for the respondent/petitioner.

This case was heard in Montreal, Quebec, on February 13, 1989, before Joyal, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on February 28, 1989: