Amalgamated Transit Union, Local Union 1624 v. Bugay
A-910-97
Stone J.A.
11/1/99
6 pp.
Judicial review of CLRB reconsideration decision-In 1996 Trentway-Wagar Inc. acquired certain lines, buses of Voyageur Colonial Limited in Ontario-42 employees transferred from Voyageur to Trentway-Prior to acquisition, Voyageur employees represented for purposes of collective bargaining by CAW-Canada; Trentway employees represented by Amalgamated Transit Union, Local Union 1624-While CAW-Canada's application for declaration sale of business had taken place, CAW-Canada's collective agreement binding on Trentway pending, unions, Trentway entering into settlement of matters respecting which collective agreement would apply, which union would be bargaining agent, merging of seniority of employees-Settlement incorporated in Board's consent order dated September 18, 1997-CLRB treating respondent's written complaint as application to reconsider that decision-Exceeded jurisdiction in referring complaint to original panel for reconsideration-Provisions of collective agreement dealing with seniority may be taken account of by CLRB pursuant to Canada Labour Code only after presented with application by party to collective agreement under s. 45(3)-That subsection not invoked herein by party to collective agreement-As stated in Grain Workers' Union, Local 333 v. British Columbia Terminal Elevator Operators' Assn. (1989), 101 N.R. 105 (F.C.A.), CLRB cannot amend decision made under another section of Code so as to transform it into decision that could not have been made under that other section-Code not preventing CLRB from investigating respondent's complaint under s. 37 (duty of fair representation), fashioning appropriate remedy if provisions thereof violated-Application allowed-Canada Labour Code, R.S.C., c. L-2, ss. 37, 45.