Gander Electrical Co. v. International Brotherhood of Electrical Workers, Local 2330, (1975) 8 Nfld. & P.E.I.R. 61 (NFCA)

• Judge: Furlong, C.J.N., Mifflin and Noel, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: June 20, 1975
• Jurisdiction: Newfoundland and Labrador
• Citations: (1975), 8 Nfld. & P.E.I.R. 61 (NFCA)

Gander Electrical v. IBEW (1975), 8 Nfld. & P.E.I.R. 61 (NFCA);

    8 A.P.R. 61

MLB headnote and full text

Gander Electrical Co. Ltd. v. International Brotherhood of Electrical Workers, Local 2330

Indexed As: Gander Electrical Co. v. International Brotherhood of Electrical Workers, Local 2330

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

June 20, 1975.

Summary:

This case arose out of an application for an injunction to restrain the picketing of an employer's premises. The picketing was being carried on by persons who had voluntarily terminated their employment with the employer.

The Newfoundland Supreme Court granted the application and restrained the defendants from picketing the employer's premises - see 5 Nfld. & P.E.I.R. 374. On Appeal to the Newfoundland Court of Appeal the appeal was dismissed and the judgment of the trial court was affirmed.

The Newfoundland Court of Appeal held that the picketing was illegal because the employees were incapable of being on strike after the employees had voluntarily terminated their employment.

Labour Law - Topic 8155

Picketing - Right to picket - Existence of a strike - Thirteen employees went on a legal strike against an employer - Subsequently all of the employees resigned their employment but continued picketing - The Newfoundland Court of Appeal held that the picketing was illegal because the employees were incapable of being on strike after the employees voluntarily terminated their employment.

Statutes Noticed:

Rules of Court (Nfld.), Order 54, rule 14 [para. 10].

Labour Relations Act, R.S.N. 1970, c. 191, sect. 53(1), sect. 53(2)(a) [para. 18].

Counsel:

Francis O'Dea, for the appellant;

Respondent was not represented.

The judgment of the Newfoundland Court of Appeal was delivered on June 20, 1975 and the following opinions were filed:

FURLONG, C.J.N., - see paragraphs 1 to 6,

MIFFLIN, J., - see paragraphs 7 to 12,

NOEL, J., - see paragraphs 13 to 20.