[2012] 4 F.C.R. D-4
LABOUR RELATIONS
Judicial review of decisions of arbitrator for final offer selection not to recuse himself on grounds of reasonable apprehension of bias—Arbitrator appointed under Restoring Mail Delivery for Canadians Act, S.C. 2011, c. 17 to choose between final offers of Canada Post, applicant (Union), selected final offer becoming collective agreement—Arbitrator pointed out having been counsel for Canada Post in pay equity dispute (before Canadian Human Rights Tribunal), also active in Conservative Party—Union counsel requested Arbitrator recuse himself, Arbitrator refused—In this case, well-informed person would note Arbitrator acted for Canada Post in important, long-lasting case comparable to one with which Arbitrator now entrusted, possibly raising fears, consciously or unconsciously, Arbitrator could favour Canada Post’s position—Well-informed person having thought matter through may think arbitrator, given recent active involvement with Conservative Party, would, consciously or unconsciously, favour position of Canada Post, a corporation having government as only shareholder, required to follow Minister’s directives—Application allowed.
Canadian Union of Postal Workers v. Canada Post Corporation (T-831-12, 2012 FC 975, Tremblay-Lamer J., judgment dated August 8, 2012, 37 pp.)