Canada Post Corp. v. Canadian Union of Postal Workers et al., (1991) 109 N.S.R.(2d) 314 (CA)

• Judge: Jones, Matthews and Freeman, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 20, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 109 N.S.R.(2d) 314 (CA)

Can. Post v. CUPW (1991), 109 N.S.R.(2d) 314 (CA);

  297 A.P.R. 314

MLB headnote and full text

Canada Post Corporation (appellant) v. Canadian Union of Postal Workers et al. (respondent)

(S.C.A. No. 02436)

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

Nova Scotia Supreme Court

Appeal Division

Jones, Matthews and Freeman, JJ.A.

September 20, 1991.

Summary:

Postal workers were on strike after the collective agreement expired. Canada Post unilaterally imposed terms of employment. Parliament passed the Postal Services Con­tinuation Act, legislating the workers back to work and extending the term of the expired collective agreement beyond the strike period. Arbitrators hearing grievances arising during the strike ruled that the extended collective agreement governed, not the uni­laterally imposed terms. Canada Post applied for certiorari to quash the decisions.

The Nova Scotia Supreme Court, Trial Division, in a judgment not reported in this series of reports, dismissed the application. Canada Post appealed.

The Nova Scotia Supreme Court, Appeal Division, dismissed the appeal.

Labour Law - Topic 9496

Public service labour relations - Collective agreement - Term - Statutory extension - Postal workers were on strike after the collective agreement expired - Canada Post unilaterally imposed terms of em­ployment - Parliament passed the Postal Services Continuation Act, legislating the workers back to work and extending the term of the expired collective agreement beyond the strike period - Arbitrators hearing grievances arising during the strike ruled that the extended collective agree­ment governed, not the unilaterally imposed terms - The Nova Scotia Court of Appeal affirmed that the retroactively revived collective agreement governed relations during the strike, not the terms unilat­erally imposed by Canada Post.

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. 4].

Statutes Noticed:

Postal Services Continuation Act, S.C. 1987, c. 40, sect. 2(1), sect. 5 [para. 7].

Counsel:

Eric B. Durnford, Q.C., for the appellant;

Raymond F. Larkin, for the respondent.

This appeal was heard on September 20, 1991, before Jones, Matthews and Freeman, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On September 20, 1991, Freeman, J.A., delivered the following judgment orally for the Court of Appeal.