Introduction and Background:
John Baron, the plaintiff, sued Canadian National Railway Company (CN) and Unifor Local 100, alleging exposure to unsafe working conditions and harassment at his workplace. He also claimed the union failed in its duty of fair representation. CN and Unifor sought dismissal, asserting the case fell under the exclusive jurisdiction of the Canada Industrial Relations Board (CIRB).

Legal Issues:

1. Whether the court had jurisdiction to hear the plaintiff’s claims or if the matter was governed by the collective agreement.
2. Whether CN violated its contractual and statutory duties by failing to provide a safe workplace and addressing harassment.
3. Whether Unifor breached its duty of fair representation under the Canada Labour Code by failing to address the plaintiff’s grievances effectively.

Court Analysis:
The court analyzed whether the "essential character" of the dispute arose from the collective agreement. It found that:

• The claims against CN related to health and safety obligations explicitly covered by the agreement.
• The claims against Unifor were under the CIRB’s exclusive jurisdiction.
  The court concluded that adequate remedies existed under the agreement’s grievance and arbitration mechanisms or through the CIRB.

Conclusion and Costs
The court dismissed the case for lack of jurisdiction and did not award damages. If costs were not agreed upon, parties could submit written arguments.