Canadian Union of Public Employees, Local 60 v. Edmundston (City), (2015) 437 N.B.R.(2d) 186 (TD)
Judge | Landry, J. |
Court | Court of Queen's Bench of New Brunswick (Canada) |
Case Date | May 20, 2015 |
Jurisdiction | New Brunswick |
Citations | (2015), 437 N.B.R.(2d) 186 (TD);2015 NBQB 121 |
CUPE v. Edmundston (2015), 437 N.B.R.(2d) 186 (TD);
437 R.N.-B.(2e) 186; 1140 A.P.R. 186
MLB headnote and full text
Sommaire et texte intégral
[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
.........................
Temp. Cite: [2015] N.B.R.(2d) TBEd. JL.016
Renvoi temp.: [2015] N.B.R.(2d) TBEd. JL.016
Canadian Union of Public Employees, Local 60 (applicant) v. City of Edmundston (respondent)
(E-M-3-2015; 2015 NBQB 121; 2015 NBBR 121)
Indexed As: Canadian Union of Public Employees, Local 60 v. Edmundston (City)
Répertorié: Canadian Union of Public Employees, Local 60 v. Edmundston (City)
New Brunswick Court of Queen's Bench
Trial Division
Judicial District of Edmundston
Landry, J.
June 12, 2015.
Summary:
Résumé:
The City of Edmundston oversaw the creation of "CAPÉ", a non-profit organization responsible for managing the City's cultural services. The CAPÉ created a non-unionized position in order to hire an operations manager. The union submitted that the position should be a unionized one, and that CAPÉ was actually an infrastructure of the City. The union and the City referred their dispute to an arbitrator. The arbitrator concluded that he had no jurisdiction to hear the grievance; i.e., that s. 51.01(1) of the Industrial Relations Act granted the New Brunswick Labour and Employment Board exclusive jurisdiction to declare that the City and the CAPÉ were one employer. The union applied for judicial review.
The New Brunswick Court of Queen's Bench, Trial Division, dismissed the union's application. "The arbitrator did not in fact have jurisdiction to deal with the single employer issue, not because this jurisdiction falls to the Labour and Employment Board [s. 51.01(1) applied only to the construction industry], but rather because the existing legislative scheme did not give this power to any administrative decision maker."
Arbitration - Topic 944
The submission - Scope of submission - Jurisdiction of arbitrators - A labour arbitrator raised the issue of his own jurisdiction to hear the grievance filed by the union against the City of Edmundston - The dispute fell within the cultural sphere - The arbitrator relied on s. 51.01(1) of the Industrial Relations Act in order to decline jurisdiction; i.e., that pursuant to s. 51.01(1), the Labour and Employment Board had exclusive jurisdiction to declare that the City and the "CAPÉ", an organization responsible for managing the City's cultural services, were one employer - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the union's judicial review application - The correctness standard applied, as "this is really an issue of jurisdiction raised by the arbitrator, and of determining the respective authority of two tribunals" - The arbitrator relied on an inapplicable provision - Section s. 51.01(1) fell under a part of the Act with the heading "Bargaining Rights in the Construction Industry" - The grievance did not involve a situation that fell within the construction industry - "The arbitrator did not in fact have jurisdiction to deal with the single employer issue, not because this jurisdiction falls to the Labour and Employment Board, but rather because the existing legislative scheme did not give this power to any administrative decision maker."
Arbitration - Topic 3593
The arbitrator - Powers - Deferring jurisdiction - [See Arbitration - Topic 944 ].
Arbitration - Topic 7959
Judicial review (incl. appeals) - Jurisdiction of arbitrator - General - Excess of jurisdiction - [See Arbitration - Topic 944 ].
Arbitration - Topic 8003.1
Judicial review (incl. appeals) - Jurisdiction of arbitrator - Error of law on the face of the record - Misconstruction or nonapplication of statute law - [See Arbitration - Topic 944 ].
Labour Law - Topic 7042
Industrial relations - Collective agreement - Enforcement - Arbitration - Jurisdiction or powers of arbitrator or board - Powers - Preliminary matters - [See Arbitration - Topic 944 ].
Cases Noticed:
New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 11].
Remembrance Services Inc. v. United Food and Commercial Workers International Union, Local 175 et al. (2001), 147 O.A.C. 297; 2001 CarswellOnt 2078 (Div. Ct.), refd to. [para. 17].
Irving Pulp & Paper Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30, [2013] 2 S.C.R. 458; 445 N.R. 1; 404 N.B.R.(2d) 1; 1048 A.P.R. 1; 2013 SCC 34, refd to. [para. 20].
Statutes Noticed:
Industrial Relations Act, R.S.N.B. 1973, c. I-4 , sect. 51.01(1) [para. 7].
Counsel:
Avocats:
Glen S. Gallant, for the applicant;
James A. Connely, for the respondent.
This judicial review application was heard on May 20, 2015, before Landry, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Edmundston. The Court delivered the following decision, dated June 12, 2015.
To continue reading
Request your trial-
Canadian Union of Public Employees, Local 60 v. Edmundston (City), (2016) 445 N.B.R.(2d) 180 (CA)
...The union applied for judicial review. The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at (2015), 437 N.B.R.(2d) 186; 1140 A.P.R. 186 , dismissed the application. "The arbitrator did not in fact have jurisdiction to deal with the single employer issue, not ......
-
Canadian Union of Public Employees, Local 60 v. Edmundston (City), (2016) 445 N.B.R.(2d) 180 (CA)
...The union applied for judicial review. The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at (2015), 437 N.B.R.(2d) 186; 1140 A.P.R. 186 , dismissed the application. "The arbitrator did not in fact have jurisdiction to deal with the single employer issue, not ......