Abuse of process: the CSN must pay the employer's attorney's fees and the arbitrator's fees

The arbitrator hears an employer’s subsidiary grievance to a union grievance, as the union has desisted from its grievance after hearing the employer’s evidence. The employer alleges that the union has committed an abuse of process and asks that the expenses and fees of the court and of his own attorney be entirely paid by the union. His motion is approved. According to the arbitrator, by completely desisting from its grievance, the union implicitly acknowledged that the grievance was unfounded non only with respect to the alleged fault, but also with respect to the appropriateness of the sanction. In addition, the union did not learn anything from the employer’s evidence, and the facts were admitted by the employee before the hearing. The union behaved unreasonably in using the grievance process, thus violating the requirements of good faith. The employer’s grievance is therefore upheld. Syndicat des travailleurs de Cascades Enviropac (CSN) v. Cascades Enviropac Inc. (S. Perron) , (T.A.) June 19, 2009, Me Pierre Cloutier