Atco Structures & Logistics Ltd. v. Unite Here, Local 47 et al., (2015) 483 Sask.R. 216 (QB)

• Judge: Zarzeczny, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 10, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 483 Sask.R. 216 (QB);2015 SKQB 275

Atco Structures v. Unite Here (2015), 483 Sask.R. 216 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. OC.008

Atco Structures & Logistics Ltd. (applicant) v. Unite Here, Local 47 and Saskatchewan Labour Relations Board (respondent)

(2015 Q.B.G. No. 224; 2015 SKQB 275)

Indexed As: Atco Structures & Logistics Ltd. v. Unite Here, Local 47 et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Zarzeczny, J.

September 10, 2015.

Summary:

A union applied to be certified as the bargaining agent for a group of people employed by Atco Structures & Logistics Ltd. The Saskatchewan Labour Relations Board appointed an agent for the purpose of conducting the vote. After receiving the results of the vote, Atco filed an application objecting to the conduct of the vote. The Board dismissed Atco's objections and authorized an order certifying the union. Atco applied for judicial review.

The Saskatchewan Court of Queen's Bench dismissed the application.

Labour Law - Topic 576

Labour relations boards and judicial review - Judicial review - General - Standard of review - [See Labour Law - Topic 4601 ].

Labour Law - Topic 4134

Unions - Certification or decertification - Representation vote - Holding vote - Procedure - [See Labour Law - Topic 4601 ].

Labour Law - Topic 4601

Unions - Certification or decertification - Judicial review - General (incl. standard of) - A union applied to be certified as the bargaining agent for a group of people employed by Atco Structures & Logistics Ltd. - The Saskatchewan Labour Relations Board appointed an agent for the purpose of conducting the vote - After receiving the results of the vote, Atco filed an application objecting to the conduct of the vote - The Board dismissed Atco's objections and authorized an order certifying the union - The Saskatchewan Court of Queen's Bench dismissed Atco's application for judicial review - Atco's objections related primarily to the agent's decision to conduct the vote by mail-in ballot, the time frame allowed for the conduct of the vote (21 days), and the concerns of individual employees who either did not receive a ballot, were omitted from the list of eligible voters, or were included on the list - The Board, in a well-crafted and thoroughly reasoned decision, declined the suggestion that it should interfere with the discretion which the agent exercised in discharging his duties and responsibilities under the legislation - It was not for the court, anymore than it was for the Board, to second-guess the agent in the exercise of those discretions - So long as the agent's discretion was exercised fairly, reasonably, and consistently with the statutory provisions and the object and intentions sought to be achieved by them, the court should not and would not interfere.

Counsel:

Dan R. Bokenfohr, for the applicant;

David B. Mercer, for the respondent, Unite Here, Local 47;

Fred Bayer Registrar, Saskatchewan Labour Relations Board.

This application for judicial review was heard before Zarzeczny, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on September 10, 2015.