Syndicat canadien de la fonction publique, section locale 60 v. Edmundston (Ville), (1997) 192 N.B.R.(2d) 354 (CA)

• Judge: Rice, Ayles and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 05, 1997
• Jurisdiction: New Brunswick
• Citations: (1997), 192 N.B.R.(2d) 354 (CA)

CUPE v. Edmundston (1997), 192 N.B.R.(2d) 354 (CA);

    192 R.N.-B.(2e) 354; 489 A.P.R. 354

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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: [1997] N.B.R.(2d) TBEd. NO.009

City of Edmundston (respondent/appellant) v. Canadian Union of Public Employees, Local 60 (applicant/respondent)

(91/97/CA)

Indexed As: Syndicat canadien de la fonction publique, section locale 60 v. Edmundston (Ville)

New Brunswick Court of Appeal

Rice, Ayles and Ryan, JJ.A.

November 5, 1997.

Summary:

An arbitrator dismissed a union grievance. The union sought judicial review. The New Brunswick Court of Queen's Bench, Trial Division, allowed the application. The em­ployer municipality appealed.

The New Brunswick Court of Appeal allowed the appeal and restored the ar­bitrator's decision.

Arbitration - Topic 8003.1

Judicial review - Jurisdiction of arbitrator -Error of law on the face of the record - Misconstruction of statute law - Pursuant to its power under a municipal bylaw, the Edmundston City Council passed a reso­lution to the effect that three municipal employees "be relieved of their duties" - The "Chief Administrative Officer" of the City then notified the three employees that they had been dismissed - Grievance - The union complained that the applicable pro­cedure for dismissal had not been followed - The arbitrator dismissed the grievance resulting in an application for judicial review - The New Brunswick Court of Appeal, on appeal, dismissed the ap­plication - The court concluded that the standard of judicial review applicable in this case was that of the "patently un­reasonable" - The court held that the ar­bitrator's decision was not patently un­reasonable.

Arbitration - Topic 8003.1

Judicial review - Jurisdiction of arbitrator -Error of law on the face of the record - Misconstruction of statute law - Pursuant to its power under a municipal bylaw, the Edmundston City Council passed a reso­lution to the effect that three municipal employees "be relieved of their duties" - The "Chief Administrative Officer" of the City then notified the three employees that they had been dismissed - Grievance - The union complained that the applicable pro­cedure for dismissal had not been followed - The arbitrator dismissed the grievance - The New Brunswick Court of Appeal affirmed because the arbitrator's decision was not patently unreasonable, the question was one which the Legislature intended the arbitrator to deal with in this case and the arbitrator had to refer to the relevant bylaw to determine if there had been compliance with the dismissal procedure - See para­graphs 13 and 14.

Cases Noticed:

McLeod et al. v. Egan et al., [1975] 1 S.C.R. 517; 2 N.R. 443; 46 D.L.R.(3d) 150, refd to. [para. 8].

MacLeod, Re - see McLeod et al. v. Egan et al.

Canadian Broadcasting Corp. v. Canada Labour Relations Board et al., [1995] 1 S.C.R. 157; 177 N.R. 1, consd. [para. 9].

Haldimand-Norfolk Regional Board of Commissioners of Police et al. v. Ontario Nurses' Association et al. (1990), 41 O.A.C. 148 (C.A.), refd to. [para. 10].

Board of Education of Wentworth County et al. v. Wentworth Women Teachers' Association et al. (1991), 53 O.A.C. 325; 80 D.L.R.(4th) 558 (Div. Ct.), refd to. [para. 10].

Pasiechnyk v. Procrane Inc. et al. (1997), 216 N.R. 1; 158 Sask.R. 81; 153 W.A.C. 81 (S.C.C.), consd. [para. 12].

Pasiechnyk v. Worker's Compensation Board (Sask.) - see Pasiechnyk et al. v. Procrane Inc. et al.

Statutes Noticed:

Edmundston (City), Bylaws, Bylaw No. 17, sect. 15(1) [para. 6].

Industrial Relations Act, R.S.N.B. 1973, c. I-4, sect. 128(1), sect. 131(2) [para. 11].

Counsel:

James A. Connely, for the appellant;

Joël Michaud, for the respondent.

This appeal was heard on October 7, 1997 by Rice, Ayles and Ryan, JJ.A., of the New Brunswick Court of Appeal.

The decision of the Court of Appeal was delivered on November 5, 1997 by Rice, J.A.