Civil Service Commission (N.S.) v. Nova Scotia Government Employees Union et al., (1994) 128 N.S.R.(2d) 293 (SC)

• Judge: Cacchione, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 29, 1993
• Jurisdiction: Nova Scotia
• Citations: (1994), 128 N.S.R.(2d) 293 (SC)

Civil Service Comm. v. NSGEU (1994), 128 N.S.R.(2d) 293 (SC);

  359 A.P.R. 293

MLB headnote and full text

Nova Scotia Civil Service Commission (applicant) v. The Nova Scotia Government Employees Union, Douglas C. Stanley, Eric B. Durnford, Q.C., and John D'Orsay (respondents)

(S.H. 93-1599)

Indexed As: Civil Service Commission (N.S.) v. Nova Scotia Government Employees Union et al.

Nova Scotia Supreme Court

Cacchione, J.

January 12, 1994.

Summary:

The collective agreement between the Nova Scotia Civil Service Commission and the Nova Scotia Government Employees Union was extended for two years by the Public Sector Compensation Restraint Act. Mileage allowances for civil service employees were negotiated separately from the main collective agreement. The employer refused to negotiate mileage rates and the union applied for arbitration. The employer objected to the arbitration board's jurisdic­tion. The board dismissed the objection and awarded changes to the mileage rates. The employer applied to quash the board's deci­sion.

The Nova Scotia Supreme Court allowed the application and quashed the board's decision.

Labour Law - Topic 9130

Public service labour relations - Adjudica­tion of grievances by adjudicators or boards - Preliminary finding of jurisdic­tion - An arbitration board ruled that the Public Sector Compensation Restraint Act did not apply to mileage rates and awarded the union changes to the rates - The employer applied to quash the board's decision - The Nova Scotia Supreme Court held that the board erred in inter­preting the Act - The court stated that the Act was an act of general application and the board had to interpret the Act correctly and consider its effects on the statute that created the board - The board misinter­preted the Act and erred in determining that it had jurisdiction.

Labour Law - Topic 9576.1

Public service labour relations - Collective agreements - Pay, severance pay and expense allowances - Mileage or travel pay - Civil service employees were paid a mileage allowance for using their own cars on government business - The Nova Scotia Supreme Court held that the mile­age allowance was compensation and was subject to the Public Sector Compensation Restraint Act - See paragraphs 22 to 23.

Labour Law - Topic 9580.4

Public service labour relations - Collective agreements - Pay, severance pay and expense allowances - Wage restraint leg­islation - [See Labour Law - Topic 9576.1 and Labour Law - Topic 9130 ].

Cases Noticed:

McLeod, Re (1974), 2 N.R. 443; 46 D.L.R.(3d) 150 (S.C.C.), refd to. [para. 18].

Syndicat national des employees de la commission scolaire regional de l'Outaouais (CSN) v. Union des employes de service, Local 298 (FTQ), [1988] 2 S.C.R. 1048; 95 N.R. 161; 24 Q.A.C. 244, refd to. [para. 19].

Statutes Noticed:

Public Sector Compensation Restraint Act, S.N.S. 1991, c. 5, sect. 2(b) [para. 21]; sect. 3 [para. 11]; sect. 6, sect. 7 [para. 16]; sect. 7(1)(b) [para. 17].

Civil Service Collective Bargaining Act, R.S.N.S. 1989, c. 71, sect. 2(a), sect. 2(h) [para. 12]; sect. 23 [para. 2]; sect. 27(1) [para. 10]; sect. 29(2) [para. 13].

Counsel:

Jonathan Davies, solicitor for the appli­cant;

Ronald A. Pink, Q.C., solicitor for the respondents.

This application was heard on September 29, 1993, in Halifax, Nova Scotia, by Cacchione, J., of the Nova Scotia Supreme Court, who delivered the following judgment on January 12, 1994.