Empire Stevedoring Co. v. ILWU, (1974) 6 N.R. 485 (FCA)

JudgeThurlow and Pratte, JJ. and Sheppard, D.J.
CourtFederal Court of Appeal (Canada)
Case DateDecember 19, 1974
JurisdictionCanada (Federal)
Citations(1974), 6 N.R. 485 (FCA)

Empire Stevedoring Co. v. ILWU (1974), 6 N.R. 485 (FCA)

MLB headnote and full text

Empire Stevedoring Company Ltd. v. International Longshoremen's and Warehousemen's Union Ship and Dock Foremen Local 514

Indexed As: Empire Stevedoring Co. v. International Longshoremen's and Warehousemen's Union Ship and Dock Foremen Local 514

Federal Court of Appeal

Thurlow and Pratte, JJ. and Sheppard, D.J.

December 19, 1974.

Summary:

This case arose out of an application for certification to the Canada Labour Relations Board by a unit of employees classified as foremen. The Canada Labour Relations Board after a hearing certified the union as bargaining agent for the foremen.

The employer applied for a review of the certification order to the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act. The Federal Court of Appeal dismissed the application by the employer because the certification order was made by a "reasonable board properly instructed by the law" - see paragraph 4. S. 28(1) of the Federal Court Act stated:

"28(1) Notwithstanding section 18 or the provisions of any other Act, the Court of Appeal has jurisdiction to hear and determine an application to review and set aside a decision or order, other than a decision or order of an administrative nature not required by law to be made on a judicial or quasi-judicial basis, made by or in the course of proceedings before a federal board, commission or other tribunal, upon the ground that the board, commission or tribunal

(a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

(b) erred in law in making its decision or order, whether or not the error appears on the face of the record; or

(c) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

Courts - Topic 4085

Federal Court of Canada - Jurisdiction of the Federal Court of Appeal - Federal Court Act, s. 28 - The Canada Labour Relations Board certified as a bargaining agent a unit of employees classified as foremen - The employer claimed that the foremen performed management functions and were not employees for purposes of the Canada Labour Code - The Federal Court of Appeal dismissed the employer's application for review pursuant to s. 28 of the Federal Court Act because the certification was made by a "reasonable board properly instructed in the law".

Cases Noticed:

Labour Relations Board (B.C.) v. Canada Safeway Ltd., [1953] 2 S.C.R. 46, folld. [para. 4].

Transair Ltd. v. Canadian Ass. of Ind. Mechan. & Allied Workers, Local No. 3, 6 N.R. 123, folld. [para. 4].

Statutes Noticed:

Canada Labour Code, R.S.C. 1970, c. L-1, sect. 118.

Federal Court Act, S.C. 1970-71-72, c. 1, sect. 28(1).

Counsel:

W.K. Hanlin and D.C. Prowse, for the appellant;

R.E. Cocking, for the respondent;

R. Gallagher, A. McGregor and J. Dudeck, for Canada Labour Relations Board.

This appeal was heard by the Federal Court of Appeal at Vancouver, British Columbia on December 18 and 19, 1974. Judgment was delivered by the Federal Court of Appeal on December 19, 1974.

The judgment of the Federal Court of Appeal was delivered by PRATTE, J.

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