Adhikari v. Canadian Union of Public Employees, Local 1832 and Labour Relations Board (Sask.), (1983) 24 Sask.R. 225 (QB)

• Judge: Gerein, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 24, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 24 Sask.R. 225 (QB)

Adhikari v. CUPE (1983), 24 Sask.R. 225 (QB)

MLB headnote and full text

Adhikari v. Canadian Union of Public Employees, Local 1832 and Saskatchewan Labour Relations Board

(No. 1076 A.D. 1982)

Indexed As: Adhikari v. Canadian Union of Public Employees, Local 1832 and Labour Relations Board (Sask.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Gerein, J.

February 24, 1983.

Summary:

The Saskatchewan Labour Relations Board held that an employer engaged in an unfair labour practice within the meaning of ss. 11(1)(c) and 37 of the Trade Union Act by refusing to bargain collectively with representatives of a trade union certified to represent a majority of the employees in an appropriate unit. The employer applied to quash the Board's decision.

The Saskatchewan Court of Queen's Bench allowed the application, because the Board made a jurisdictional error.

Labour Law - Topic 600

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - General - The Saskatchewan Court of Queen's Bench applied the principle that if a provincial labour relations board acts within its jurisdiction, its decision is not reviewable by certiorari even if the decision is wrong in fact or law - The court also applied the principle that the Board cannot give itself jurisdiction by an erroneous interpretation of the law - See paragraphs 6 to 7.

Labour Law - Topic 603

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - Acting in excess of jurisdiction - Section 37 of the Trade Union Act stated that where a business is disposed of, the buyer is bound by existing labour relations board orders - A partnership bound by a certification order dissolved and sold its assets to former partners, who hired former partnership employees - The former partners refused to bargain collectively with union representatives - The Saskatchewan Labour Relations Board held that because the partnership was "disposed of", the partners breached s. 37 and committed an unfair labour practice - The Saskatchewan Court of Queen's Bench held that the Board's finding that the partnership was disposed of constituted a jurisdictional error - See paragraphs 8 to 18.

Labour Law - Topic 3553

Unions - Unfair labour practices - By employer - Refusal to bargain collectively - Individual members of a dissolved partnership purchased many of its assets and hired many of the same employees - The Saskatchewan Labour Relations Board held that the members committed an unfair labour practice by refusing to bargain collectively with the union certified as the employees' representative - The Saskatchewan Court of Queen's Bench quashed the Board's decision, because it erred in holding that the members were bound by the existing certification order - See paragraphs 8 to 18.

Labour Law - Topic 4908

Unions - Successor rights - Sale, lease, transfer or disposition of a business - Section 37 of the Trade Union Act stated that where a business or a part thereof is, inter alia, disposed of, the buyer is bound by existing labour relations board orders - A partnership already bound by a certification order dissolved and many of its assets were sold to former partners, who hired many of the same employees - The Saskatchewan Court of Queen's Bench held that the Labour Relations Board erred in holding that the partnership was "disposed of" - See paragraphs 8 to 18.

Cases Noticed:

Farrell et al. v. Workmen's Compensation Board, [1962] S.C.R. 48, refd to. [para. 6].

R. v. Quebec Labour Relations Board, Ex. p. Komo Construction Ins. (1967), 1 D.L.R.(3d) 125, refd to. [para. 6].

Noranda Mines Ltd. v. The Queen et al., [1969] S.C.R. 898, refd to. [para. 6].

Service Employees' International Union, Local No. 333 v. Nipawin District Staff Nurses Association et al., [1975] 1 S.C.R. 382, refd to. [para. 6].

In Re Ontario Labour Relations Board, Toronto Newspaper Guild, Local 87 v. Globe Printing Co., [1953] 2 S.C.R. 18, refd to. [para. 7].

Jarvis v. Associated Medical Service Incorporated et al., [1964] S.C.R. 497, refd to. [para. 7].

Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corporation, [1979] 2 S.C.R. 227; 26 N.R. 341; 25 N.B.R.(2d) 237; 51 A.P.R. 237, refd to. [para. 7].

Jubilee Ford Sales Ltd. v. United Brotherhood of Carpenters and Joiners of America, Local 1021 (1970), 70 C.L.L.C. 259 (Sask. Q.B.), consd. [para. 9].

University of Regina v. Canadian Union of Public Employees, Local 1975 et al., [1979] 5 W.W.R. 744; 4 Sask.R. 1, agreed with [para. 10].

Vaunclair Meats Limited v. United Food & Commercial Workers International Union, Local 633, AFL - CIO - CLC and Group of Employees (1981), 2 C.L.R.B.R. 410, consd. [para. 11].

Canadian Union of Public Employees v. Metropolitan Parking Inc. (1980), 1 C.L.R.B.R. 197, consd. [para. 13].

Regina Design Millwork Ltd. v. International Woodworkers of America, Local 1-184 (1981), 2 C.L.R.B.R. 353, consd. [para. 13].

Statutes Noticed:

Trade Union Act, R.S.S. 1978, c. T-17, sect. 5(d), sect. 5(e) [para. 5]; sect. 11(1)(c) [para. 5]; sect. 21 [para. 5]; sect. 37 [paras. 5, 8, 18].

Counsel:

T.C. Wakeling, Q.C., and P.J. Gallet, for the applicant;

R.W. Mitchell, for the respondent;

W.N. Lawton, Q.C., for the Labour Relations Board.

This application was heard before GEREIN, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina. The decision of GEREIN, J., was delivered at Saskatoon, Saskatchewan, on February 24, 1983.