Ouimet v. Canada ( Treasury Board )
T-2071-94
Pinard J.
7/12/95
11 pp.
Application for judicial review of decision by Deputy Chairman of Public Service Staff Relations Board in capacity as adjudicator of grievances referred to adjudication under Public Service Staff Relations Act, s. 92-Applicants civil aviation inspectors with Regulatory Compliance Section, Air Carrier Division, Transport Canada-Respondent permitting them to take theoretical, practical training course, specifying would not be paid overtime if course presented outside normal working hours-Applicants claimed overtime, denied by adjudicator-Adjudicator's findings of fact not disputed-Applicants challenging adjudicator's interpretation of collective agreement, art. 19-Alleging adjudicator erred in identifying issue by asking whether employer required and authorized aggrieved employees to do overtime-Case requiring judicial deference for decision of administrative tribunal-Judicial deference must be accorded to decisions of arbitrators interpreting collective agreement even in absence of privative clause-In case at bar, specialized nature of administrative tribunal not disputed: decision made by adjudicator in his area of expertise, namely interpretation of clause from collective agreement-Appropriate to apply serious standard of judicial review, show judicial deference-Adjudicator interpreted collective agreement in sufficiently rational manner on basis of facts presented in evidence without violating rules of natural justice, procedural fairness-Application dismissed-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 92.