Canadian Paperworkers Union, Re, (1983) 45 Nfld. & P.E.I.R. 190 (NFTD)

• Judge: Steele, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 07, 1983
• Jurisdiction: Newfoundland and Labrador
• Citations: (1983), 45 Nfld. & P.E.I.R. 190 (NFTD)

CPU, Re (1983), 45 Nfld. & P.E.I.R. 190 (NFTD);

    132 A.P.R. 190

MLB headnote and full text

Re Canadian Paperworkers Union

Indexed As: Canadian Paperworkers Union, Re

Newfoundland Supreme Court

Trial Division

Steele, J.

November 7, 1983.

Summary:

A union refused to admit into its membership four men, who had during a period of non-membership in the union worked for an employer who was being struck.

The Newfoundland Labour Relations Board ordered the union to admit the men into membership. The union applied for an order to quash the board's order.

The Newfoundland Supreme Court, Trial Division, dismissed the application.

Labour Law - Topic 602

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - Decision rationally supported by statute - The Newfoundland Labour Relations Board ruled that the provision of a union constitution barring membership to people who had worked for a struck employer was invalid as contrary to ss. 30 and 33 of the Labour Relations Act, R.S.N. 1977, c. 64 - The Newfoundland Supreme Court, Trial Division, dismissed an application to quash the board's ruling, because it was rationally supported by the statute - See paragraph 14.

Labour Law - Topic 2265

Unions - Constitution and bylaws - Validity of - Conflict with statute - A union constitution barred membership to people who had worked for a struck employer - The Newfoundland Supreme Court, Trial Division, held that the membership restriction was unreasonable and discriminatory contrary to s. 30(2) of the Labour Relations Act, S.N. 1977, c. 64, and violated s. 33, which prohibited a union from excluding an employer's employees from membership.

Labour Law - Topic 2267

Unions - Constitution and Bylaws - Validity of - Membership restrictions - A union constitution barred from membership persons who had worked for a struck employer - The Newfoundland Supreme Court, Trial Division, affirmed an order requiring a union to admit four men to membership, who had worked for a struck employer during a period of non-membership in the union - The court held that the membership restriction violated ss. 30 and 33 of the Labour Relations Act, S.N. 1977, c. 64 as being unreasonable and discriminatory and illegally barring membership to an employer's employees who sought membership.

Cases Noticed:

Re Abbott and International Longshoremen's Association, [1978] 1 C.L.R.B.R. 305, refd to. [para. 11].

McCarthy and International Brotherhood of Electrical Workers, [1978] 2 C.L.R.B.R. 105, refd to. [para. 11].

Re Solly and Communications Workers of Canada, [1981] 2 C.L.R.B.R. 245, [para. 11].

Service Employees' International Union v. Nipawin District Staff Nurses Association, 41 D.L.R.(3d) 6, refd to. [para. 12].

Regina v. Ontario Labour Relations Board, 5 D.L.R.(3d) 707, refd to. [para. 12].

Statutes Noticed:

Labour Relations Act, S.N. 1977, c. 64, sect. 30 [para. 7]; sect. 33 [para. 8].

Counsel:

A.E. Faour, for the applicant;

Joseph Hutchings, for the complainants;

Edward Hearn, for the Labour Relations Board.

This case was heard before Steele, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following judgment on November 7, 1983: