Applicant
Respondent
- Parties: The applicants were Mario Longo, Gilles Talbot, Brigitte Beaudry, Michel Rodier, and Stéphane Boyer. The respondents were Association Internationale des Machinistes et des Travailleurs et Travailleuses de L’Aérospatial, District des Transports 140.
- Subject Matter: The applicants were former employees of Air Canada Technical Services and subsequently of AVEOS Performance Aerospace Inc. They filed complaints alleging that the International Association of Machinists and Aerospace Workers, Transportation District 140 (IAMAW) failed in its duty of fair representation under s. 37 of the Canada Labour Code, 1985. They accused the IAMAW of acting arbitrarily and in bad faith in negotiating, concluding, and interpreting agreements involving their pension plan and of failing to inform them of the repercussions of withdrawing their pension funds from the pension plan. The Canada Industrial Relations Board dismissed the applicants’ complaints. The applicants filed a judicial review application challenging this decision.
- Ruling: The appeal court ruled in the respondents’ favour and dismissed the judicial review application. The appeal court ruled that the Board's reasons clearly showed that it considered the applicants’ complaints, weighed their arguments, and ruled on the issue of the IAMAW's duty of fair representation. The appeal court held that the applicants failed to show that they were prevented from fully asserting their rights.
- Date: The hearing was set on Sept. 25, 2024. The court released its decision on Sept. 25, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded costs of an unspecified amount.
Court
Federal Court of AppealCase Number
A-164-23Practice Area
Labour lawAmount
$ 0Winner
RespondentTrial Start Date
22 June 2023Download documents