United Brotherhood of Carpenters and Joiners of America, Local 1805 v. Little Borland Ltd., (1986) 48 Sask.R. 291 (QB)

• Judge: Grotsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 29, 1986
• Jurisdiction: Saskatchewan
• Citations: (1986), 48 Sask.R. 291 (QB)

CJA v. Little Borland Ltd. (1986), 48 Sask.R. 291 (QB)

MLB headnote and full text

United Brotherhood of Carpenters and Joiners of America, Local 1805 v. Little Borland Ltd.

(No. 63 A.D. 1986)

Indexed As: United Brotherhood of Carpenters and Joiners of America, Local 1805 v. Little Borland Ltd.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Grotsky, J.

April 29, 1986.

Summary:

A union applied to set aside an arbitration award.

The Saskatchewan Court of Queen's Bench dismissed the application.

Arbitration - Topic 8311

Judicial review - Grounds - Mistake - Error in statute interpretation - The Saskatchewan Court of Queen's Bench held that when an arbitration board is called upon to interpret statutes which are general public enactments, then the board's interpretation must not only be reasonable, it must also be correct - The court held that when interpreting a statute which established the board of arbitration itself, the board must meet the same test of reasonableness as if it was interpreting a collective agreement - See paragraphs 22 to 23.

Arbitration - Topic 8601

Judicial review - Practice - Setting aside ruling or award - Application - Time for - Unreasonable delay - There was a delay of eight months from the date an arbitration award was signed to the date of hearing of an application for judicial review - The Saskatchewan Court of Queen's Bench, however, granted leave to bring the application, where granting leave would not cause a substantial hardship to or prejudice the respondent or be detrimental to good administration - See paragraphs 4 to 13.

Labour Law - Topic 6467

Industrial relations - Collective agreement - Interpretation - Expiry - Rights prior to expiration - The Saskatchewan Court of Queen's Bench held that under the Trade Union Act, the parties to a collective agreement have three options open to them prior to the expiration of the agreement: (1) take no action - The agreement is automatically renewed for a further period of one year, (2) give notice to negotiate a revision - The parties are required to forthwith bargain collectively to conclude a revised agreement; in the interim the existing agreement remains in force, or (3) give notice to terminate - The parties are required to forthwith bargain collectively to conclude a new agreement; the existing agreement terminates on its expiry date - An arbitration board held that this scheme was not altered by s. 4(c) of the Construction Industry Labour Relations Repeal Act - The Saskatchewan Court of Queen's Bench held that the interpretation was reasonable and correct - See paragraphs 48 to 51.

Cases Noticed:

Geriak v. Min. of Social Welfare of Regina (1951), 2 W.W.R.(N.S.) 566 (Sask. K.B.), refd to. [para. 7].

Isabey v. Manitoba Health Services Commission, [1974] 2 W.W.R. 42 (Man. C.A.), refd to. [para. 7].

Shalansky v. Board of Governors of Regina Pasqua Hospital (1983), 47 N.R. 76; 22 Sask.R. 153 (S.C.C.), refd to. [para. 22].

McLeod, et al. v. Egan, et al., [1975] 1 S.C.R. 517, refd to. [para. 22].

Alberta Union of Provincial Employees and Public Service Employee Relations Board of Alberta v. Board of Governors of Olds College, [1983] 1 W.W.R. 593; 42 N.R. 559; 37 A.R. 281 (S.C.C.), refd to. [para. 23].

Dominion Stores Ltd. v. Retail, Wholesale and Department Store Union and Malley (1982), 17 Sask.R. 22 (C.A.), refd to. [para. 25].

Saskatchewan Commercial Egg Producers' Marketing Board v. Bouffard et al. (1983), 30 Sask.R. 133 (Q.B.), refd to. [para. 25].

Board of Education of Moose Jaw Roman Catholic Separate School Division No. 22 v. Hansen et al. (1983), 32 Sask.R. 97 (Q.B.), refd to. [para. 25].

Bazant, Re; Bilson, University of Saskatchewan Faculty Association and Bazant v. University of Saskatchewan (1984), 36 Sask.R. 184 (C.A.), refd to. [para. 25].

Sollars v. Canadian Union of Public Employees, Local 1832, et al. (1984), 32 Sask.R. 188, refd to. [para. 25].

Bert, Davis et al. v. Saskatoon Newspaper Guild Local 234 and Saskatchewan Labour Relations Board, [1976] 1 W.W.R. 350, refd to. [para. 33].

Service Employees International Union v. Nipawin District Nurses Association et al., [1975] 1 S.C.R. 383, refd to. [para. 33].

Moose Jaw Sash & Door Co. (1963) Ltd. v. International Woodworkers of America et al. (1982), 16 Sask.R. 14 (C.A.), refd to. [para. 33].

Pearlman v. Keepers and Governors of Harrow School, [1979] 1 All E.R. 365, refd to. [para. 33].

Sheet Metal Workers International Association, Local 296 v. Clark Roofing (1964) Ltd. et al., [1985] Sask. Lab. R. 29, refd to. [para. 34].

Statutes Noticed:

Construction Industry Labour Relations Repeal Act, S.S. 1983-84, c. 29, sect. 4(c) [paras. 21, 26-31, 34, 39-42, 44-45, 47, 49-51].

Rules of Court (Sask.), Queen's Bench Rules, rule 675(1) [para. 5]; rule 675(2) [paras. 8, 12].

Trade Union Act, R.S.S. 1978, c. I-17, sect. 33(4) [paras. 18, 29, 33, 39-41, 43-44, 47, 49]; sect. 34 [paras. 29, 33, 39-41, 47, 49].

Authors and Works Noticed:

Palmer, Collective Agreement Arbitration in Canada (2nd Ed.), pp. 153-157 [para. 37].

Brown and Beatty, Canadian Labour Arbitration (2nd Ed.), p. 17 [para. 37].

Maxwell on the Interpretation of Statutes (12th Ed. 1969), p. 36 [para. 38].

Counsel:

R.W. Mitchell, for the applicant;

L.F. Seiferling, for the respondent.

This application was heard before Grotsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, whose decision was delivered on April 29, 1986.