Courts Overturn Teamsters Raid on Canadian BMWE
The Superior Court today granted an interlocutory injunction which serves to remove the actions taken by the Teamsters Canada and the BMWE Grand Lodge.
The justice found "there is a serious question to be tried i.e. whether the Respondent failed to follow the proper constitutional procedure as stated in the constitution and bylaws of the BMWE...". The Justice also found that "the applicant could suffer irreparable harm by the defendants failure to abide by the Union's (BMWE) constitution depriving the plaintiffs of their democratic right to have the merger proposal approved and the unauthorized transfer of the CSF and ESF to the TCRC and the resulting transfer of all rights, assets, status and jurisdiction of the BMWE and the System Federations'.
The Plaintiffs being Ron Bowden in his
personal capacity and on behalf of the Eastern System Federation of the BMWE and
its members and John Kruk in his personal capacity and on behalf of the Canadian
System Federation of the BMWE and its members. The defendants Freddie Simpson in
his personal capacity and on behalf of the Brotherhood of Maintenance of Way
Employees and its members and Robert Bouvier in his personal capacity and on
behalf of the Teamsters Canada Rail Conference, Maintenance of Way Employees
Division.