CUPE v. LRB, 2005 BCSC 1366
| Judge | McEwan, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | February 15, 2005 |
| Jurisdiction | British Columbia |
| Citations | 2005 BCSC 1366;[2005] B.C.T.C. 1366 (SC) |
CUPE v. LRB, [2005] B.C.T.C. 1366 (SC)
MLB headnote and full text
Temp. Cite: [2005] B.C.T.C. TBEd. OC.043
Canadian Union of Public Employees, Local 561 (petitioner) v. British Columbia Labour Relations Board, Brad Larson and The Board of School Trustees of School District No. 43 (Coquitiam) (respondents)
(L041395; 2005 BCSC 1366)
Indexed As: Canadian Union of Public Employees, Local 561 v. Labour Relations Board (B.C.) et al.
British Columbia Supreme Court
Vancouver
McEwan, J.
September 28, 2005.
Summary:
This headnote contains no summary.
Labour Law - Topic 2706
Unions - Duties - To represent members of bargaining unit - See paragraphs 1 to 63.
Cases Noticed:
Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201; 160 D.L.R.(4th) 193, refd to. [para. 32].
Canada (Attorney General) v. Public Service Alliance of Canada, [1993] 1 S.C.R. 941; 150 N.R. 161; 101 D.L.R.(4th) 673, refd to. [para. 33].
Canadian Broadcasting Corp. v. Syndicat des employés de production du Québec et de l'Acadie, [1984] 2 S.C.R. 412; 55 N.R. 321; 14 D.L.R.(4th) 457, refd to. [para. 36].
Gagnon v. Canadian Merchant Service Guild and Laurentian Pilotage Authority, [1984] 1 S.C.R. 509; 53 N.R. 100, refd to. [para. 38].
Ruby Chow and Overwaitea Foods, Re, [1981] 3 C.L.R.B.R. 43, refd to. [para. 39].
Rayonier Canada (B.C.) Ltd., Re, [1975] 2 C.L.R.B.R. 196, refd to. [para. 44].
Franco v. Hospital Employees' Union (1994), 22 C.L.R.B.R.(2d) 281 (B.C.), refd to. [para. 44].
Counsel:
P. Dickie, for the petitioner;
E. Miller, for the respondent, B.C. Labour Relations Board;
A. Wills, for the respondent, Board of School Trustees of School District No. 43 (Coquitlam).
This case was heard on February 15, 2005, before McEwan, J., of the British Columbia Supreme Court, who delivered the following decision on September 28, 2005.
Please note: The following judgment has not been edited.
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...approach has been rejected by this Court in Canadian Union of Public Employees, Local 561 v. British Columbia (Labour Relations Board) , 2005 BCSC 1366 at paras. 28 and 29, wherein McEwan J. considered a similar argument related to the Board's finding that the union in that case had breache......
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Construction and Specialized Workers' Union, Local 1611 v. Labour Relations Board (B.C.) et al., 2007 BCSC 315
...That is not the case here. [20] In Canadian Union of Public Employees, Local 561 v. British Columbia (Labour Relations Board), 2005 BCSC 1366, at para. 47, Mr. Justice McEwan considered the meaning of the term "clearly irrational": ...Where the issue is whether all of the relevant factors h......
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Georges v. Hospital Employees’ Union, 2018 BCSC 145
... In respect of item (d), the petitioner refers to the decision of CUPE Local 561 v. B.C. Labour Relations Board et al, 2005 BCSC 1366 where Mr. Justice McEwan addressed circumstances where the union effectively delegated its decision making to external counsel and made its ......
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Jones v. Industrial Wood and Allied Workers of Canada, Local No. 1-3567 et al., 2011 BCSC 929
...be adjudicated. For this principle he relies in part on the decision of this Court in C.U.P.E. Local 561 v. B.C. Labour Relations Board , 2005 BCSC 1366 [ Brad Larson ]. [52] In Brad Larson , the Union sought judicial review of a decision of the LRB which found that it had not met its duty ......
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United Steelworkers, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 2009 v. Auyeung et al., [2011] B.C.T.C. Uned. 220 (SC)
...approach has been rejected by this Court in Canadian Union of Public Employees, Local 561 v. British Columbia (Labour Relations Board) , 2005 BCSC 1366 at paras. 28 and 29, wherein McEwan J. considered a similar argument related to the Board's finding that the union in that case had breache......
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Construction and Specialized Workers' Union, Local 1611 v. Labour Relations Board (B.C.) et al., 2007 BCSC 315
...That is not the case here. [20] In Canadian Union of Public Employees, Local 561 v. British Columbia (Labour Relations Board), 2005 BCSC 1366, at para. 47, Mr. Justice McEwan considered the meaning of the term "clearly irrational": ...Where the issue is whether all of the relevant factors h......
-
Georges v. Hospital Employees’ Union, 2018 BCSC 145
... In respect of item (d), the petitioner refers to the decision of CUPE Local 561 v. B.C. Labour Relations Board et al, 2005 BCSC 1366 where Mr. Justice McEwan addressed circumstances where the union effectively delegated its decision making to external counsel and made its ......
-
Jones v. Industrial Wood and Allied Workers of Canada, Local No. 1-3567 et al., 2011 BCSC 929
...be adjudicated. For this principle he relies in part on the decision of this Court in C.U.P.E. Local 561 v. B.C. Labour Relations Board , 2005 BCSC 1366 [ Brad Larson ]. [52] In Brad Larson , the Union sought judicial review of a decision of the LRB which found that it had not met its duty ......