Applicant
Respondent
- Parties: The applicant was the International Longshore and Warehouse Union. The respondent was the British Columbia Maritime Employers Association.
- Subject Matter: The applicant was the bargaining agent for approximately 7400 longshore employees working in various ports in B.C. The respondent was the non-accredited bargaining agent for employers involved in national and international marine transportation on Canada’s west coast. The parties bargained collectively, primarily under voluntary recognition agreements, to settle the terms and conditions of employment. In this case, the applicant sought to set aside an order of the Canada Industrial Relations Board (CIRB). The order declared that the applicant engaged in an unlawful strike when it resumed its strike activities on July 18, 2023.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application. The appeal court found the CIRB’s order and reasons reasonable. The appeal court held that the applicant failed to show substantial interference with its right to collectively bargain, given that it fully participated in the collective bargaining process, which eventually led to the successful negotiation of a new collective agreement, and exercised its right to strike before it agreed to cease its strike activities.
- Date: The hearing was set on Mar. 13, 2024. The court released its decision on Sept. 13, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded no costs, given that the parties agreed on the issue of costs and advised that no order was required to address costs.
Court
Federal Court of AppealCase Number
A-186-23Practice Area
Labour lawAmount
$ 0Winner
RespondentTrial Start Date
20 July 2023Download documents