some blasts from the past for those that want to read about how bad the AC - CP merge was and how many times it was appealed/revisited let's hope we don't follow anything along these lines
http://www.globalfusion.com/unsecured/A ... t_2008.pdf
Chronology
BRIEF CHRONOLOGY OF KEY SENIORITY LABOUR BOARD AND
COURT DECISIONS November 29, 2007.
04/01/00 Air Canada acquires Canadian Airlines.
31/03/01 Arbitration Award of M.G. Mitchnick re pilot seniority integration
10/07/02 CIRB in Decision 183 quashes Mitchnick Award at request of
Canadian pilots represented by ALPA; CIRB finds that Mitchnick
Award violates principles of Canada Labour Code
27/03/03 Federal Court of Appeal dismisses ACPA’s judicial review application
of CIRB Decision 183
20/11/03 Supreme Court of Canada dismisses ACPA’s application for leave
to appeal this decision of the Federal Court of Appeal.
22/02/03 ACPA and Canadian pilots enter agreement to conduct a new
seniority arbitration with provision that the decision of the
arbitration panel will be “for all purposes final and binding on the
parties [Air Canada, ACPA, ALPA] and the seniority list resulting
from the decision will be the seniority list that shall be implemented
by the parties” subject only to judicial review by the courts. ALPA
ACPA Air Canada Keller protocol Agreement
16/06/03 Arbitrator Brian Keller issues new seniority integration
award. Keller Award is implemented by Air Canada.
06/03 ACPA seeks CIRB Reconsideration of the Keller Award
notwithstanding “final and binding” provisions of the arbitration
agreement.
28/01/04 CIRB unanimously dismisses ACPA’s application to reconsider Keller
Award in Decision 263. CIRB finds that ACPA is bound by the “final
and binding” commitment it had made and that Keller Award
8 Further Info:
http://www.formercanadianpilots.ca/ Air Canada Pilots only
http://www.caselab.com/keller/
14/02/05 Federal Court of Appeal unanimously dismisses ACPA’s judicial
review application of CIRB Decision 263. Federal Court of Appeal
also finds that ACPA is bound by the “final and binding”
commitment and agreed with the CIRB conclusion that “its
intervention was neither warranted nor justified”.
20/05/05 Justice Dawson of the Federal Court Trial Division dismisses ACPA’s
application to quash the Keller Award on grounds that the arbitrator
had violated rules of natural justice. Justice Dawson comments that
“there is a public interest in bringing finality to this dispute”.
16/06/05 CIRB issues Decision 1269 which gives reason for dismissing a
further application by ACPA that the CIRB reconsider its own
Decision 263. CIRB concurs with its earlier decision and refers to
the decision of the Federal Court of Appeal which had sustained
Decision 263. CIRB declares that “no labour relations purpose
would be served by adding yet another layer of review”.
23/09/05 ACPA and Air Canada retain Martin Teplitsky to review the Keller
Award and later ask the CIRB for permission to amend the Keller
seniority list.
10/11/05 The Supreme Court denies ACPA’s application for leave to appeal
the Federal Court of Appeal decision upholding CIRB decision 263.
15/02/06 The Federal Court of Appeal dismisses ACPA’s appeal of the
Federal Court Trial Division’s decision to dismiss ACPA’s application
to quash the Keller Award.
10/03/06 CIRB issues Decision 349 denying ACPA and Air Canada’s request
to consider whether the Teplitsky recommendations would violate
the Canada Labour Code. “The pilot seniority list, the result of
the Keller arbitration process, is now final and binding on
ALPA, ACPA, and Air Canada. ACPA and Air Canada, acting
alone, cannot change the list because some pilots in the
bargaining unit are dissatisfied with it.” [emphasis added]
29/06/06 The Supreme Court of Canada denies ACPA’s application for leave
to appeal the February 15, 2006 Federal Court of Appeal decision
upholding the Federal Court Trial Division’s decision which upheld
the Keller Award.
01/09/06 The CIRB issues Decision 360 which rejects ACPA’s application to
reconsider Decision 349.
Further Info:
http://www.formercanadianpilots.ca/ Air Canada Pilots only
http://www.caselab.com/keller/ 9
19/06/07 The Federal Court of Appeal unanimously reject’s ACPA’s judicial
review application concerning CIRB Decisions 349 and 360.
29/11/07 The Supreme Court denies ACPA’s application for leave to appeal
the February 15, 2006 Federal Court of Appeal decision rejecting
Teplitsky and upholding the Keller Award.
Summary: Since July 2002 the position of the former Canadian Airlines pilots,
represented by ALPA, has been sustained by numerous and all
decisions rendered by the CIRB, the Federal Court Trial Division, the
Federal Court of Appeal, and the Supreme Court of Canada. The Keller
Award has been consistently sustained in its entirety.