Acadia University v. International Union of Operating Engineers, Local 968B, (1981) 47 N.S.R.(2d) 245 (TD)

JudgeMorrison, J.
CourtSupreme Court of Nova Scotia (Canada)
Case DateJuly 06, 1981
JurisdictionNova Scotia
Citations(1981), 47 N.S.R.(2d) 245 (TD)

Acadia Univ. v. IUOE (1981), 47 N.S.R.(2d) 245 (TD);

    90 A.P.R. 245

MLB headnote and full text

Acadia University, Governors of v. International Union of Operating Engineers, Local 968B

(No. 1014)

Indexed As: Acadia University v. International Union of Operating Engineers, Local 968B

Nova Scotia Supreme Court

Trial Division

Morrison, J.

July 6, 1981.

Summary:

The plaintiff applied to set aside an arbitration board's finding that the plaintiff was bound by s. 4 of the Lord's Day Act relieving an employee from working on Sunday and that the work required was not "a work of necessity".

The Nova Scotia Supreme Court dismissed the application. The court stated employees of nonprofit organizations, such as the plaintiff, were not exempted from s. 4 the Act. The court found the work required, was not a "work of necessity" so as to exempt the plaintiff from that section.

Labour Law - Topic 6667

Industrial relations - Collective agreement - Hours of work - Lord's Day Legislation - Effect of - Lord's Day Act, s. 4 - The Nova Scotia Supreme Court, Trial Division, held that employees of nonprofit organizations are not exempt from s. 4 of the Act which includes all persons and are therefore not required to work on Sunday - See paragraphs 20 to 28.

Labour Law - Topic 6667

Industrial relations - Collective agreement - Hours of work - Lord's Day Legislation - Effect of - Lord's Day Act, s. 11 - The Nova Scotia Supreme Court, Trial Division, found that work required to fix a leaky valve by shutting down a central heating plant was not "work of necessity" under s. 11 of the Act - See paragraphs 29 to 41.

Arbitration - Topic 8401

Judicial review - Grounds - Misconduct - Includes error of law on face of the record - Arbitration Act, s. 13(2) - The Nova Scotia Supreme Court, Trial Division, stated that misconduct of an arbitrator or umpire in s. 13(2) includes error of law on the face of an award - See paragraphs 8 to 11.

Arbitration - Topic 8311

Judicial review - Grounds - Mistake - Error in statute interpretation - The Nova Scotia Supreme Court, Trial Division, stated that a court may interfere with an arbitration award where the arbitrator must construe or interpret a statute - See paragraph 12.

Words and Phrases

Work of necessity - The Nova Scotia Supreme Court, Trial Division discussed the meaning of the phrase "work of necessity" as found in s. 11 of the Lord's Day Act, R.S.C. 1970, c. L-13.

Cases Noticed:

Canadian Keyes Fiber Co. Ltd. v. United Paper Workers International Union, Local 576 (1974), 8 N.S.R.(2d) 81, appld. [para. 9].

McLeod et al. v. Egan et al, 46 D.L.R.(3d) 151, appld. [para. 12].

United Steel Workers of America, Local 6516 v. Sydney Steel Corporation (1980), 39 N.S.R.(2d) 151; 71 A.P.R. 151, folld. [para. 13].

R. ex. rel. Beohmer v. Bowlodrome Co. Ltd., [1944] 4 D.L.R. 492, refd to. [para. 22].

Winnipeg Film Society v. The Queen on the Information of Webster, [1964] S.C.R. 280; 44 D.L.R.(2d) 126, folld. [para. 26].

R. v. Humphreys (1971), 5 C.C.C.(2d) 446, apprvd. [para. 35].

Georges v. City of Charlottetown (1932), 4 M.P.R. 133, refd to. [para. 37].

Statutes Noticed:

Arbitration Act, R.S.N.S. 1967, c. 12, sect. 13 [para. 1, 8, 9].

Lord's Day Act, R.S.C. 1970, c. L-13, sect. 4 [paras. 7, 17, 19 to 29]; sect. 11 [paras. 18, 20, 30, 31, 33, 34, 36, 37, 40, 41]; sect. 6 [para. 26].

British North America Act, 1867, sect. 91(27) [para. 23].

Counsel:

Leroy M. Lenethen, for the plaintiff;

N. Blaise MacDonald, for the defendant.

This case was heard before MORRISON, J., of the Supreme Court of Nova Scotia, Trial Division, and judgment was delivered on July 6, 1981:

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