PUBLIC SERVICE
Judicial review of Board of Arbitration’s decision—Public Service Labour Relations Act, S.C. 2003, c. 22, s. 148 setting out factors to be considered in making arbitration award—Reasonably open to Board to interpret s. 148(a), (b) as encompassing concept of operational necessity with broader inquiry under s. 148(a) being directed at recruitment, retention and more narrow inquiry under s. 148(b) at market conditions in relation to terms, conditions of employment—Once applicant failed to establish operational necessity, no need to engage in analysis contemplated under s. 148(b)—S. 148(a), (b) not mutually exclusive—Application dismissed.
National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (“CAW-Canada”) and its Local 5454, the Canadian Air Traffic Controllers Association v. Canada (Treasury Board) (T-1777-05, 2006 FC 989, Hansen J., order dated 16/8/06, 12 pp.)