Federal Court of Appeal Upholds CIRB’s Decision Holding Union in Breach of its Duty of Fair Representation

Brent Craswell successfully represented an employee before the Federal Court of Appeal in an application for judicial review of a decision of the Canada Industrial Relations Board.  The CIRB held that the employee’s union, the Canadian Union of Postal Workers, acted in an arbitrary fashion when it refused to proceed with the employee’s termination grievance after conducting only a cursory investigation of the matter.  CUPW sought a judicial review of the CIRB’s decision.  Brent argued that the CIRB’s decision was a reasonable one, pointing to a number of findings of fact made by the CIRB which were not in dispute.  The Federal Court of Appeal, in a unanimous decision, agreed and dismissed the application.  To view the Federal Court of Appeal’s decision, please click here.