Canadian Union of Public Employees, Local 60 v. Edmundston (City), 2015 NBQB 121

Judge:Landry, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:May 20, 2015
Jurisdiction:New Brunswick
Citations:2015 NBQB 121;(2015), 437 N.B.R.(2d) 186 (TD)
 
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CUPE v. Edmundston (2015), 437 N.B.R.(2d) 186 (TD);

    437 R.N.-B.(2e) 186; 1140 A.P.R. 186

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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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.

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