Canadian Union of Public Employees et al. v. The Queen in right of New Brunswick, [1982] 2 S.C.R. 587 (1982)

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Canadian Union of Public Employees et al. v. The Queen in right of New Brunswick, [1982] 2 S.C.R. 587 (1982)

Supreme Court of Canada

Canadian Union of Public Employees et al. v. The Queen in right of New Brunswick, [1982] 2 S.C.R. 587

Date: 1982-11-02

The Canadian Union of Public Employees and The New Brunswick Council of Provincial Institutional Unions (Local 1251) Appellants;

and

Her Majesty in Right of the Province of New Brunswick as represented by Treasury Board Respondent.

File No.: 16788.

1982: October 19; 1982: November 2.

Present: Laskin C.J. and Ritchie, Dickson, Estey, McIntyre, Chouinard and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR NEW BRUNSWICK

Labour relations-Public service-Collective agreement-Applicability of certain contract clauses to summer students-Effect to be given words "employee" and "person" as used in those clauses-Effect of Public Service Labour Relations Act on agreement-Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, ss. 30, 32(c), 35.

The articles in a collective agreement dealing with union dues check-off and with the entitlement to wages for work as outlined in a schedule contained the word "person" and its plural. Appellant contended that those provisions applied to summer help because of the use of that word, even though it did not consider summer help to be "employees" as defined in the collective agreement and the Public Service Labour Relations Act. The summer help were neither members of the bargaining unit as represented by the union nor did prospective members of the union qualify as employees within it.

Held (Estey J. dissenting): The a...

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