Gemala Industries Ltd. et al. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) Local 3001 et al., (1993) 87 Man.R.(2d) 126 (QB)

• Judge: MacInnes, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 05, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 87 Man.R.(2d) 126 (QB)

Gemala Ind. Ltd. v. NAAAIWU (1993), 87 Man.R.(2d) 126 (QB)

MLB headnote and full text

Gemala Industries Limited, carrying on business as Trailmobile (plaintiff) v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) Local 3001, and Cecile Cassista (defendants)

(Suit No. CI 92-01-67632)

Indexed As: Gemala Industries Ltd. et al. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) Local 3001 et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

MacInnes, J.

July 5, 1993.

Summary:

Following the expiry of a collective agree­ment, a lock-out began between the employer and the union. The union estab­lished a picket line. The employer sued the union, alleging unlawful activity on the picket line. The employer obtained an in­junction restraining the unlawful activity. Following a "plant takeover", the employer applied to add the intruders as defendants and to enlarge and amend the injunction order.

The Manitoba Court of Queen's Bench allowed the application in part. The court declined to totally prohibit picketing, but set limitations on picketing.

Labour Law - Topic 8169

Industrial relations - Picketing - Right to picket - Bar - Unlawful object - A col­lective agreement expired - A lock-out began - The union picketed - The employer obtained an injunction restraining illegal activity on the picket line - The union staged a "plant takeover" - Re­placement workers were harassed and assaulted and property damaged - The intruders were charged by police - The employer sought amendment of the in­junction to prohibit or limit picketing - The Manitoba Court of Queen's Bench declined to totally prohibit picketing, but amended the injunction to prohibit the intruders from picketing and limited pick­eting to three persons within 50 feet of any entrance to the employer's premises.

Labour Law - Topic 8849

Industrial relations - Remedies - Injunc­tions - Respecting picketing - [See Labour Law - Topic 8169 ].

Cases Noticed:

Channel Seven Television Ltd. v. National Association of Broadcast Employees and Technicians (1971), 21 D.L.R.(3d) 424 (Man. C.A.), refd to. [para. 34].

Dolphin Delivery Ltd. v. Retail, Wholesale and Department Store Union, Local 580, Peterson and Alexander, [1986] 2 S.C.R. 573; 71 N.R. 83; 33 D.L.R.(4th) 174; 38 C.C.L.T. 184; 25 C.R.R. 321; [1987] 1 W.W.R. 577; 87 C.L.L.C. 14,002, refd to. [para. 35].

Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp., [1979] 2 S.C.R. 227; 26 N.R. 341; 25 N.B.R.(2d) 237; 51 A.P.R. 237; 97 D.L.R.(3d) 417; 79 C.L.L.C. 14,209, refd to. [para. 36].

Potash Corp. of Saskatchewan Mining Ltd. v. Todd et al., [1987] 2 W.W.R. 481; 53 Sask.R. 165 (C.A.), refd to. [para. 37].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, generally [para. 35].

Court of Queen's Bench Act, S.M. 1988-89, c. 4; C.C.S.M., c. C-280, sect. 57(1), sect. 57(2) [para. 34].

Counsel:

R.P. Sokalski, for the plaintiff;

Mary Kate Harvie, for the defendants.

This case was heard before MacInnes, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the follow­ing judgment on July 5, 1993.