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Victory for the Union!- Price Smart Judicial Review.

The Supreme Court reasons for judgment from Madam Justice Heather Holmes were released today regarding the Judicial Review of the labour board's decision regarding the conversion of Save On Foods stores to Price Smart.

The union's petition has been allowed, the board's decision on the matter has been quashed (thrown out) and the matter has been remitted back to the Labour Board.

In addition, the Union was granted costs against the employer regarding the Judicial Review.

President Suzanne Hodge stated "we are extremely happy that after 5 years of hearings and legal arguments that the courts have supported our petition.

Local 247 has been vindicated on what was obviously a very poor decision from the labour board. The board had granted our appeal and then decided not to make a decision at all on the issues.

To quote directly from today's decision from Madame Justice Holmes:

  "As the Board concluded in Reconsideration Decision #1, the Union was entitled to have the Original Decision reconsidered in light of the Board's acknowledged factual error in the Original Decision. That reconsideration never took place, and instead the Board, supported by the Employer, erroneously challenged the Union's entitlement to reconsideration and its commitment to seeking it.

In the circumstances, the Board's failure to provide the reconsideration it had previously ordered denied basic natural justice. By s. 58(2)(a) of the ATA the court on review must ask whether, in all of the circumstances, the tribunal acted fairly. Clearly, the Board did not: it entirely failed to address issues at the heart of the parties' dispute that it had previously directed the original panel to reconsider.

Natural justice failed because the Board misapprehended the record and therefore misunderstood the status and scope of the live issues in the proceeding. "

A great deal of thanks is owed to the local's legal counsel Tony Glavin who argued the case in court, along with Carol and Chris from the firm for all of their hard work and to Casey McCabe who argued the case for the union at the labour board hearings in 2007.

It remains to be seen how the labour board will ultimately decide this issue or when but for now it is a victory for Local 247.

For anyone who is interested in reading the full 20 page decision please click on the following link- Victory for the Union

  • ufcw [at] ufcw247 [dot] com