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Old 6th May 2011, 23:08
  #715 (permalink)  
777longhaul
 
Join Date: May 2010
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Please, read the entire ruling. Then look at the context. It was done prior to the Aug 2009 CHRT ruling, and the Feb 2011 Federal court ruling.

It is also done with the Charter as the focal point, and not the HRA. Different issues.

The spin, by acpa is very misleading.

There is a very good debate on AVCANADA.CA re this issue, and information from Raymond Hall, from the FP60 coalition.

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The title of the ACPA Press Release is not accurate. The Board has not dismissed all of the complaints before it. It dismissed only the complaint filed last August on behalf of originally 67 pilots, later increased to 75 pilots.

The Board has not yet ruled on the complaint filed in March of this year regarding ACPA's refusal to file a grievance on behalf of the three pilot complainants whose termination of employment was pending in April and May.



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rudder wrote:
Perhaps Ray or somebody in the know would care to explain why the CHRT has not provided decisions in cases where proceedings have been completed? There is no reason for the CHRT to take pause as the matter is not being dealt with at the bargaining table and the CIRB has now made its view on the representational issue quite clear. Please don't tell me that the CHRT is waiting for the new government to enact new legislation


The CHRT is a quasi-judicial body. It does not provide reasons or justifications for any delay in rendering its decisions. Nor can anyone "call up the judge" to ask why the decision has not been yet rendered. Similarly, there is no basis for any speculation whatsoever as to any purported reason for a delay in rendering the decision. It will come when it will come. The only person who truly knows why the decision has not yet been rendered is the person writing the decision.

The Tribunal is charged with the responsibility of rendering its decisions on the basis of the evidence and law before it at the hearing. Any consideration of extraneous outside matters by the Tribunal in the result would be reviewable by a court, and is therefore not likely to play a factor in the timing of the release of the decision.




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