The appellant appealed a Federal Court of Appeal decision setting aside a Public Service Staff Relations Board order regarding designated employees in the Air Traffic Control Group.
The Board had assumed authority under s. 79 of the Public Service Staff Relations Act to determine the level of air services necessary for public safety in the event of a strike.
The Supreme Court of Canada dismissed the appeal, holding that the Board's task under s. 79 is solely to determine whether the performance of stipulated duties by designated employees is necessary for public safety, not to determine the level of service to be provided.
