CUPW Wins Federal Court Case on Status of the Arbitrator

Today the Federal Court of Canada issued their decision (please see attached) in the Union’s request for a Judicial Review of the appointment of the Arbitrator under the Conservative Government’s back to work legislation (Bll C-6).

For your reference here is a link to the text of Bill C-6: http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=5117642&file=4

The attached decision is in French.  However, a translation and official bulletin summarizing the decision will be available in the near future.

However, the decision essentially states the following:

1. The defendant’s [Canada Post] motion to dismiss is denied and the application for judicial review of union is allowed in part;
2. The application for a declaration of annulment of Article 12 of the Act [Bill C-6] is denied;
3. The decision of 22 July 2011 by the Minister of [Labour] to appoint the Honourable Coulter A. Osborne is canceled;
4. Before appointing a new arbitrator, the Minister must take into account the reasons for judgement of the Court and shall ensure that the candidate has proven experience in labour relations and is bilingual;
5. The union is entitled to costs against the Attorney General of Canada.  The union is entitled to costs against the employer in respect to the injunction and stay of proceedings only.

This is another major victory for the Union against the attacks by the Conservative Government and Canada Post on the rights of Postal Workers and all workers in Canada to free collective bargaining.

If you have any questions please feel free to contact the Regional office.