Canada Post Corp. v. Canadian Union of Postal Workers et al., (1993) 126 N.S.R.(2d) 74 (CA)

• Judge: Clarke, C.J.N.S., Hart and Jones, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: November 09, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 126 N.S.R.(2d) 74 (CA)

Can. Post v. CUPW (1993), 126 N.S.R.(2d) 74 (CA);

  352 A.P.R. 74

MLB headnote and full text

Canada Post Corporation (appellant) v. Canadian Union of Postal Workers (on behalf of Moulton, Lewis and Beed et al.) and S. Bruce Outhouse, Q.C. (respondents)

(C.A. No. 02855)

Indexed As: Canada Post Corp. v. Canadian Union of Postal Workers et al.

Nova Scotia Court of Appeal

Clarke, C.J.N.S., Hart and Jones, JJ.A.

November 9, 1993.

Summary:

Canada Post applied for certiorari to quash an arbitration ruling that a strike during negotiations for a new collective agreement was legal and not subject to disciplinary sanctions. The arbitrator ruled that the Postal Services Continuation Act, passed after the strike, created an immunity respecting strike activity antedating the Act.

The Nova Scotia Supreme Court, Trial Division, in a judgment reported 123 N.S.R.(2d) 128; 340 A.P.R. 128, dismissed the application, holding that the arbitrator committed no reviewable error. Canada Post appealed.

The Nova Scotia Court of Appeal dis­missed the appeal.

Arbitration - Topic 7910

Judicial review - Jurisdiction of courts - Privative clause - The trial judge refused to disturb an arbitrator's decision (protected by a privative clause) involving not only agreements between the parties, but also the effect of back to work legislation, where he made no error of jurisdiction, no unreasonable interpretation of agreements between the employer and the union and no error in construing the legislation - The Nova Scotia Court of Appeal held that the trial judge did not err.

Arbitration - Topic 7919

Judicial review - Jurisdiction of courts - Statutory arbitrator - [See Arbitration - Topic 7910 ].

Labour Law - Topic 7112

Industrial relations - Collective agreements - Enforcement - Arbitration - Judicial review - Scope of review - [See Arbitra­tion - Topic 7910 ].

Labour Law - Topic 7552

Industrial relations - Strikes - Right to strike - Back to work legislation - Canada Post and its union entered unsuccessful negotiations for a new collective agree­ment - After rotating strikes began, the parties agreed to facilitate mediation in a cease fire agreement, but subsequently the employees went on strike, for which the employer disciplined the strikers - Then the Postal Services Continuation Act, 1991, was passed and an arbitrator of grievances from the strike discipline ruled that the Act created an immunity respecting strike activity antedating the Act - The trial judge held that the arbitrator correctly construed the effect of the Act - The Nova Scotia Court of Appeal held that the trial judge did not err.

Cases Noticed:

Reference Re Postal Services Continuation Act, 1987 (1989), 101 N.R. 361; 59 D.L.R.(4th) 234 (F.C.A.), refd to. [para. 12].

Canada Post Corp. v. Canadian Union of Postal Workers (1991), 109 N.S.R.(2d) 314; 297 A.P.R. 314 (C.A.), refd to. [para. 12].

Statutes Noticed:

Canada Labour Code - see Labour Code.

Labour Code, R.S.C. 1985, c. L-2, sect. 3(1) [para. 7]; sect. 89 [para. 2]; sect. 94(3)(a)(vi) [para. 5].

Postal Services Continuation Act, S.C. 1991, c. 35, sect. 4(1)(b), sect. 5(1) [para. 3].

Counsel:

Terry L. Roane and Marc J. Belliveau, for the appellant;

Raymond F. Larkin, Q.C., and David J. Roberts, for the respondents, Canadian Union of Postal Workers.

This appeal was heard on November 9, 1993, before Clarke, C.J.N.S., Hart and Jones, JJ.A., of the Nova Scotia Court of Appeal.

On November 9, 1993, Clarke, C.J.N.S., delivered the following judgment orally for the Court of Appeal.