International Association of Machinists and Aerospace Workers, Local 148 v. Air Canada, (1991) 44 F.T.R. 206 (TD)

• Judge: Dubé, J.
• Court: Federal Court (Canada)
• Case Date: January 15, 1991
• Jurisdiction: Canada (Federal)
• Citations: (1991), 44 F.T.R. 206 (TD)

IAMAW v. Air Can. (1991), 44 F.T.R. 206 (TD)

MLB headnote and full text

The International Association of Machinists and Aerospace Workers, Local 148 (complainant) v. Air Canada (respondent)

(T-2872-90)

Indexed As: International Association of Machinists and Aerospace Workers, Local 148 v. Air Canada

Federal Court of Canada

Trial Division

Dubé, J.

January 18, 1991.

Summary:

Three Air Canada employees grieved their discharges. An arbitrator allowed the griev­ances. The arbitration award was filed with the court pursuant to ss. 66(1) and (2) of the Canada Labour Code. Air Canada applied under s. 50 of the Federal Court Act and Federal Court Rule 1909 to stay the execu­tion of the arbitration award pending deter­mination of its application for judicial review.

The Federal Court of Canada, Trial Divi­sion, allowed the application and granted a stay.

Arbitration - Topic 2601

Stay of arbitration proceedings - General - An employer applied to stay an arbitra­tion award pending judicial review - The Federal Court of Canada, Trial Division, stated that the criteria to be applied were generally those of an interim injunction, the first one being whether or not there was a serious issue involved, then con­sidering the balance of convenience and irreparable harm - See paragraphs 5 to 6.

Arbitration - Topic 2601

Stay of arbitration proceedings - General - Air Canada station attendants were caught with marijuana and fired 11 months later - The employees successfully grieved, despite admitting the offences, on the ground of Air Canada's delay in firing - The arbitrator ordered reinstatement - Air Canada sought a stay of execution of the arbitration award pending judicial review - The Federal Court of Canada, Trial Division, granted the stay, citing the irreparable harm to Air Canada if the employees were reinstated pending review and noting that they could be compensated in damages if ultimately successful - See paragraphs 7 to 15.

Cases Noticed:

National Bank of Canada v. Granda, [1984] 2 F.C. 249; 60 N.R. 201 (C.A.), refd to. [para. 5].

Battle Creek Toasted Corn Flake Co. Ltd. v. Kellogg Toasted Corn Flake Co. (1924), 55 O.L.R. 127 (H.C.), refd to. [para. 5].

Ontario Public Service Employees Union v. Forer and Ontario Public Service Labour Relations Tribunal (1985), 12 O.A.C. 1; 52 O.R.(2d) 705, refd to. [para. 6].

Ottawa (City) v. Ottawa Professional Fire Fighters' Association, Local 162, Inter­national Association of Fire Fighters and Kates (1987), 19 O.A.C. 197; 58 O.R.(2d) 685, refd to. [para. 6].

Metropolitan Stores (MTS) Ltd. v. Mani­toba Food and Commercial Workers, Local 832 and Labour Board (Man.), [1987] 1 S.C.R. 110; 73 N.R. 341; 46 Man.R.(2d) 241, refd to. [para. 6].

Retail Store Employees' Union v. Canada Safeway Ltd. (1980), 2 Man.R.(2d) 100, refd to. [para. 14].

Statutes Noticed:

Canada Labour Code, R.S.C. 1985, c. L-1, sect. 66(1), sect. 66(2) [para. 1].

Federal Court Act, R.S.C. 1985, c. F-7, sect. 50 [para. 1].

Federal Court Rules, rule 1909 [para. 1].

Counsel:

I.J. Roland, for the complainant;

R.J. Charney and P.E. Hurley, for the respondent.

Solicitors of Record:

Gowling, Strathy & Henderson, Toronto, Ontario, for the complainant;

Fasken, Campbell, Godfrey, Toronto, Ontario, for the respondent.

This application was heard before Dubé, J., of the Federal Court of Canada, Trial Divi­sion, at Toronto, Ontario, on January 15, 1991, whose decision was delivered on January 18, 1991.