Canada Post Corp. v. Canadian Union of Postal Workers et al., (1991) 102 N.S.R.(2d) 399 (TD)

• Judge: Richard, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 09, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 102 N.S.R.(2d) 399 (TD)

Can. Post v. CUPW (1991), 102 N.S.R.(2d) 399 (TD);

    279 A.P.R. 399

MLB headnote and full text

Canada Post Corporation (applicant) v. Canadian Union of Postal Workers and Bruce Outhouse, Q.C., Arbitrator (respondents)

(S.H. 73339)

Canada Post Corporation (applicant) v. Canadian Union of Postal Workers and W. Wayne Thistle, Arbitrator (respondents)

(S.H. 74214)

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

Nova Scotia Supreme Court

Trial Division

Richard, J.

January 4, 1991.

Summary:

Arbitrators upheld employees' grievances respecting denial of sick leave during a strike. The employer applied for certiorari to quash the award on the ground that back to work legislation did not retroactively revive the sick leave provisions of the collective agreement.

The Nova Scotia Supreme Court, Trial Division, dismissed the application.

Labour Law - Topic 9729

Public service labour relations - Strikes - Back to work legislation - Postal workers were on a legal strike after their collective agreement expired - The employer altered requirements for sick leave benefits - Back to work legislation was enacted that revived the expired collective agreement during the strike period - Employees, who were denied sick leave pursuant to the employer's altered requirements, grieved - The Nova Scotia Supreme Court, Trial Division, held that the back to work legislation revived the collective agreement respecting sick leave and rendered inoperable the previously valid directive changing sick leave - The court upheld the grievances.

Labour Law - Topic 9725

Public service labour relations - Strikes - Management rights during - [See Labour Law - Topic 9729].

Cases Noticed:

Reference Re Postal Services Continuation Act (1989), 101 N.R. 361; 59 D.L.R.(4th) 234, refd to. [para. 7].

International Union, United Automobile et al. v. Volvo Canada Limited (1980), 33 N.S.R.(2d) 22; 57 A.P.R. 22, refd to. [para. 11].

Southern Electric Ltd. v. I.B.E.W., Local 625 et al. (1984), 66 N.S.R.(2d) 159; 152 A.P.R. 159, refd to. [para. 11].

Statutes Noticed:

Canada Labour Code - see Labour Code.

Labour Code, R.S.C. 1985, c. L-2, generally [para. 3].

Postal Services, Continuation Act, S.C. 1987, c. 40, generally [para. 4].

Counsel:

Eric Durnford, Q.C., and Leslie Wagner, for the applicant;

Ronald A. Pink and David Roberts, for the respondent Union.

This application was heard before Richard, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on January 9, 1991.