EPA WINS SPECIAL TRIBUNAL CASE AT PRIVY COUNCIL

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A landmark victory. That's how the Estate Police Association feels ..about the Privy Council's ruling in its favour.. concerning a case that was brought by the Special Tribunal of the Industrial Court The EPA.. says the ruling has called into question.. a lack of neutrality on the part of the Tribunal. And it wants answers.. and a resignation. ...as Alicia Boucher reports.

Transcript

00:00 The case before the Privy Council, which was brought against the Air State Police Association

00:05 by the Special Tribunal of the Industrial Court, was heard on February 29th of this

00:10 year and the judgment was handed down on May 30th in favor of the EPA.

00:16 So what was before the Privy Council was whether or not the Air State Police Association has

00:21 jurisdiction to hear what in fact they represent the Air State Police members at RBC in this

00:29 matter and whether or not the Special Tribunal has jurisdiction to hear the matter.

00:38 That matter pertained to the retrenchment of 42 estate constables at the Royal Bank

00:43 of Canada in 2014 as the bank chose to outsource its in-house security.

00:49 President of the EPA Derek Richardson says the Special Tribunal refused to hear the matter

00:54 saying it didn't have the jurisdiction and that the EPA did not have a branch so it could

01:00 not represent the workers.

01:04 This position was upheld by the High Court and the EPA appealed, subsequent to which

01:09 the High Court's decision was overturned by the Appeal Court.

01:13 Richardson points to brewing tension thereafter, citing a matter with a security firm that

01:18 the EPA brought to the Industrial Court.

01:21 And there the chairman of the Special Tribunal said that he does not agree with the ruling

01:30 of the Appeal Court and they have applied for leave and granted leave.

01:36 As such he would not be hearing any matter involving the Air State Police Association

01:41 and promptly walked out.

01:43 According to Richardson, although they requested derivative notes from the court on that matter,

01:49 they were not released.

01:51 He further states that RBC was not party to the Privy Council case in which the EPA was

01:56 represented by Douglas Mendez, Senior Counsel, Anthony Bullock and Clay Hackett.

02:01 And the Privy Council agreed with the Appeal Court in total, meaning the Air State Police

02:10 Association can represent officers where there are no branch boards and that the Special

02:15 Tribunal can hear this matter.

02:19 According to Richardson, the Privy Council held a view that even if the EPA could not

02:24 represent the retrenched officers, the Special Tribunal could have still heard the dispute

02:29 referred by the Labour Minister and by not doing so breached its statutory obligations.

02:37 The court also found to be of concern that the Tribunal acted as if it was a party with

02:42 an interest in the dispute and the EPA wants the Tribunal to answer.

02:47 A dilemma, the association says, is that the chairman of the Special Tribunal can no longer

02:51 sit on the matter and the Tribunal is not constituted without the chairman being present.

02:58 We are calling for the immediate resignation of the chairman of the Special Tribunal, Mr.

03:05 Lawrence Bishop.

03:08 The EPA has set a deadline of Monday, June 3, failing which it calls on Prime Minister

03:14 Dr. Keith Rowley to remove him.

03:16 Alicia Boucher, TV6 News.

03:19 [ Silence ]

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