Alberta Union of Provincial Employees v. International Union of Operating Engineers, Local 955 et al., 2004 ABQB 635

• Judge: Smith, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 20, 2004
• Citations: 2004 ABQB 635;(2004), 370 A.R. 334 (QB)

AUPE v. IUOE (2004), 370 A.R. 334 (QB)

MLB headnote and full text

Temp. Cite: [2004] A.R. TBEd. SE.029

Alberta Union of Provincial Employees (applicant) v. The International Union of Operating Engineers, Local 955 and the Good Samaritan Society (A Lutheran Social Service Organization) (respondents)

(0303 06544; 2004 ABQB 635)

Indexed As: Alberta Union of Provincial Employees v. International Union of Operating Engineers, Local 955 et al.

Alberta Court of Queen's Bench

Judicial Centre of Edmonton

Smith, J.

September 2, 2004.

Summary:

The Alberta Union of Public Employees (AUPE) applied to the Alberta Labour Relations Board to be certified as a bargaining agent of a unit of employees employed by the Good Samaritan Society (the Society). The International Union of Operating Engineers (IUOE) claimed the certification application was untimely since at the time the certification application was filed, the Society was bound by a collective agreement with IUOE either through the operation of the successor rights provisions of the Labour Relations Code or voluntary recognition. AUPE also filed an unfair labour practice complaint. The Board found that the AUPE's application was time barred by the voluntary recognition collective agreement in place as at the date of the certification application. The Board granted the successorship declaration and dismissed the unfair labour practice complaints. AUPE applied for judicial review.

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

Labour Law - Topic 576

Labour relations board and judicial review - Judicial review - General - Standard of review - The Alberta Union of Public Employees (AUPE) applied to the Alberta Labour Relations Board to be certified as a bargaining agent of a unit of employees employed by the Good Samaritan Society -AUPE also filed an unfair labour practice complaint - The Board found that the AUPE's application was time barred by the voluntary recognition collective agreement with the International Union of Operating Engineers (IUOE) in place as at the date of the certification application - The Board granted IUOE a successorship declaration and dismissed the unfair labour practice complaints - AUPE applied for judicial review - The Alberta Court of Queen's Bench held that the applicable standard of review was patent unreasonableness - See paragraphs 22 to 45.

Labour Law - Topic 3201

Unions - Voluntary recognition - General - The International Union of Operating Engineers (IUOE) was the certified bargaining agent for all the employees at the Sunshine Lodge operated by the Evergreens Foundation - The Lodge was in need of repairs and the Good Samaritan Society partnered with Evergreens to open a new facility, Pembina Village - IUOE and the Society began collective bargaining - They reached a tentative collective agreement - The employees later ratified the agreement - At the same time, the Alberta Union of Public Employees (AUPE) was organizing on the Pembina site and had received signatures from some employees -AUPE applied to the Alberta Labour Relations Board to be certified as a bargaining agent of a unit of employees employed by the Society - The Board found that the AUPE's application was time barred by the voluntary recognition collective agreement in place as at the date of the certification application - AUPE applied for judicial review - The Alberta Court of Queen's Bench dismissed the application - Based on the Board's findings of fact and the principles of voluntary recognition, there was nothing unreasonable in the Board's conclusion that IUOE was representative of the employees in the bargaining unit - See paragraphs 46 to 70.

Cases Noticed:

Voice Construction Ltd. v. Construction & General Workers' Union, Local 92 (2004), 318 N.R. 332; 346 A.R. 201; 320 W.A.C. 201; 2004 SCC 23, refd to. [para. 22].

Alberta Union of Provincial Employees et al. v. Lethbridge Community College (2004), 319 N.R. 201; 348 A.R. 1; 321 W.A.C. 1; 2004 SCC 28, refd to. [para. 22].

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 23].

Health Sciences Association (Alta.) et al. v. Provincial Health Authorities (Alta.) et al. (2004), 348 A.R. 361; 321 W.A.C. 361; 2004 ABCA 185, refd to. [para. 27].

Public Service Commission (N.S.) v. Nova Scotia Government and General Employees Union (2004), 223 N.S.R.(2d) 57; 705 A.P.R. 57; 2004 NSCA 55, refd to. [para. 27].

Alberta Union of Provincial Employees, Branch 63 v. Public Service Employee Relations Board (Alta.) and Board of Governors of Olds College, [1982] 1 S.C.R. 923; 42 N.R. 559; 37 A.R. 281, refd to. [para. 28].

United Brotherhood of Carpenters and Joiners of America, Local 579 v. Bradco Construction Ltd., [1993] 2 S.C.R. 316; 153 N.R. 81; 106 Nfld. & P.E.I.R. 140; 334 A.P.R. 140, refd to. [para. 28].

Blanchard v. Control Data Canada Ltd., [1984] 2 S.C.R. 476; 55 N.R. 194, refd to. [para. 29].

Mistahia Health Region v. United Nurses of Alberta, Local 64 (2003), 339 A.R. 360; 312 W.A.C. 360 (C.A.), refd to. [para. 28].

Foothills Provincial General Hospital v. United Nurses of Alberta, Local 115 (1998), 228 A.R. 122; 188 W.A.C. 122; 1998 ABCA 358, refd to. [para. 28].

Alberta Union of Provincial Employees v. Alberta, [1983] A.J. No. 41 (C.A.), refd to. [para. 28].

Finning (Canada) v. International Association of Machinists and Aerospace Workers Local Lodge 99, [2004] A.R. Uned. 181; 2004 ABQB 155, refd to. [para. 28].

United Steelworkers of America, Local 5220 v. Alta Steel Ltd. (2004), 356 A.R. 125; 2004 ABQB 262, refd to. [para. 28].

Alberta Teachers' Association v. Hawco et al. (1996), 191 A.R. 207 (Q.B.), refd to. [para. 28].

International Longshoremen's and Warehousemen's Union, Ship and Dock Foremen, Local 514 v. Prince Rupert Grain Ltd. (1996), 198 N.R. 99; 135 D.L.R.(4th) 385 (S.C.C.), refd to. [para. 37].

Alberta v. Labour Relations Board (Alta.) et al. (2002), 293 A.R. 251; 257 W.A.C. 251 (C.A.), refd to. [para. 37].

Canadian Broadcasting Corp. v. Canada Labour Relations Board et al., [1995] 1 S.C.R. 157; 177 N.R. 1, refd to. [para. 37].

Royal Oak Mines Inc. v. Canada Labour Relations Board et al., [1996] 1 S.C.R. 369; 193 N.R. 81, refd to. [para. 38].

United Food and Commercial Workers, Local 1518 v. KMart Canada Ltd., [1999] 2 S.C.R. 1083; 245 N.R. 1; 128 B.C.A.C. 1; 208 W.A.C. 1, refd to. [para. 38].

Construction and General Workers' Union, Local 92 v. Sie-Mac, [1991] Alta. L.R.B.R. 847, dist. [para. 43].

Alberta Union of Public Employees v. Canadian Union of Public Employees, Local 875 et al. (2003), 345 A.R. 7; 2003 ABQB 999, dist. [para. 43].

Sheet Metal Workers' International Union Local 8 v. Sheet Metal Contractors of Alberta, [1988] A.L.R.B.R. 326, refd to. [para. 50].

Delta Hospital v. Hospital Employees Union Local 180 et al., [1997] C.L.R.B.R. 356, refd to. [para. 52].

International Union of Operating Engineers, Local 955 v. Vertex Construction et al., [1999] Alta. L.R.B.R. 183, dist. [para. 59].

Teamsters Local 987 v. Westfair Foods Ltd., [1992] Alta. L.R.B.R. 274, dist. [para. 59].

Counsel:

David T. Williams (Chivers Carpenter), for the applicant;

Murray McGowan (McGowan Johnson), for the respondent, International Union of Operating Engineers, Local 955;

Dwayne Chomyn (Neuman Thompson), for the respondent, the Good Samaritan Society;

Shawn W. McLeod (Alberta Labour Relations Board), for the Alberta Labour Relations Board.

This application was heard on April 20, 2004, before Smith, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on September 2, 2004.