Bonavista Cold Storage Co. v. Grand Bank Workers Union, Local 349, (1973) 4 Nfld. & P.E.I.R. 196 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 10, 1973
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 196 (NFSC)

Bonavista Cold v. GBWU (1973), 4 Nfld. & P.E.I.R. 196 (NFSC)

MLB headnote and full text

Bonavista Cold Storage Company Limited v. The Grand Bank Workers Union, Local 349

Indexed As: Bonavista Cold Storage Co. v. Grand Bank Workers Union, Local 349

Newfoundland Supreme Court

At Trial

Higgins, J.

April 10, 1973.

Summary:

This action arose out of the dismissal by the plaintiff employer of an employee for insubordination. The defendant union referred the dismissal to arbitration on behalf of the employee without using the mandatory grievance procedure provided by the collective agreement. The arbitration board found that the employee was discharged without just cause and reinstated the employee with only partial compensation for the time he was off work. The plaintiff brought an action by way of Originating Summons to set aside the arbitration award as contrary to law.

The Supreme Court in the judgment below allowed the plaintiff's action and set aside the award. The Supreme Court held that the arbitration board had no jurisdiction to hear the matter because the defendant had not exhausted the mandatory grievance procedure provided in the collective agreement.

The Supreme Court found that the arbitration board impliedly found that the employee deserved discipline when the board did not reinstate him with full pay. The Supreme Court held that the arbitration board had no jurisdiction to vary the penalty imposed by the plaintiff on the employee.

Labour Law - Topic 7050

Industrial relations - Collective agreement - Enforcement - Arbitration - Jurisdiction - Mandatory procedure not exhausted by party - Arbitration board entertained grievance where grievor did not exhaust mandatory grievance procedure provided by collective agreement - Newfoundland Supreme Court held grievance not arbitrable until procedure exhausted - Supreme Court held arbitration board had no jurisdiction to hear matter and set aside arbitration award - Paragraphs 8 to 12.

Labour Law - Topic 7060

Industrial relations - Collective agreement - Enforcement - Arbitration - Jurisdiction - Alteration of penalty - Employer discharged employee - Arbitration board found discipline warranted but substituted lesser penalty - Newfoundland Supreme Court held arbitration board had no power to alter a penalty imposed by the employer where discipline was warranted - Paragraphs 13 to 17.

Cases Noticed:

Re U.E.W. Local 523 and Page-Hersey Tubes Limited (1963), 14 L.A.C. 106, folld.

Re United Steel Workers of America and Construction Products Inc., Canadian Division, 22 L.A.C. 125, refd to.

Port Arthur Shipbuildings Company v. Arthurs et al., [1969] S.C.R. 85, folld.

Counsel:

William E. Wells, for the plaintiff;

William N. Rowe, for the defendant.