General Workers, Local 1647 v. City Service Ltd. et al., (1972) 3 Nfld. & P.E.I.R. 467 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 11, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 467 (NFSC)

Gen. Wkrs. v. City Service (1972), 3 Nfld. & P.E.I.R. 467 (NFSC)

MLB headnote and full text

General Workers, Local 1647 v. City Service Limited et al.

Indexed As: General Workers, Local 1647 v. City Service Ltd. et al.

Newfoundland Supreme Court

At Trial

Higgins, J.

October 11, 1972.

Summary:

This application by the plaintiff labour union arose out of a decision of an arbitration board in a collective bargaining dispute between the plaintiff and the defendant company. The plaintiff was certified with respect to the employees of a firm. The firm subsequently became incorporated as the defendant company, which signed a collective agreement with the plaintiff. The defendant contracted out its work to the proprietor of the prior firm and hired no employees of its own. The plaintiff processed a grievance under the collective agreement, alleging that the defendant was in violation of the collective agreement. The arbitration board found that the company was not in breach of the collective agreement, in that there were no employees of the defendant to which the collective agreement could apply. 104 days after the arbitration award, the plaintiff made an application to the Supreme Court by way of originating summons for an order to remit the arbitral award to the arbitration board for reconsideration. The trial court dismissed the application.

The Supreme Court held that such an application must be made within a reasonable time. The Supreme Court held that a delay of 104 days was unreasonable and that the plaintiff's application was barred by laches.

On the merits the Supreme Court stated the conditions under which the court can review the decision of an arbitration board - Paragraphs 10 and 12. The Supreme Court refused to determine whether the arbitration board's decision that the defendant had no employees constituted an error in law. The Supreme Court held that this was a finding directly on a question referred to the arbitration board and that the court had no jurisdiction to interfere.

Arbitration - Topic 7901

Labour relations - Judicial review - Jurisdiction - General - Error of law by arbitration board - Newfoundland Supreme Court held court could not interfere with the decision of an arbitration board on a point of law which was the very question referred to the board to decide - Paragraphs 9 to 13.

Arbitration - Topic 8227

Judicial review - Bars - Practice - Pleading - Laches - Time for application for an order for remission of arbitral award to arbitration board for further consideration - Newfoundland Supreme Court held application must be made within reasonable time - Trial court held 104 day interval unreasonable delay - Trial court held application barred by laches - Paragraphs 7 and 8.

Cases Noticed:

Hawkins v. City of Halifax (1913), 10 D.L.R. 747, dist.

Zachery v. Shepard (1788), 2 Term Rep. 781, refd to.

Re Montgomery Jones and Co. and Liebenthal and Company (1898), 78 L.T. 407, appld.

Faubert and Watts v. Temagami Mining Company Limited (1960), 22 D.L.R.(2d) 220, appld.

Re The Bay Company (B.C.) Ltd. and Local 170 of The Pipe Fitting Industry (1960), 24 D.L.R.(2d) 582, appld.

Govt. of Kellantan v. Duff Development Co., [1923] A.C. 395, appld.

Jarvis v. Associated Medical Service Ltd. (1964), 44 D.L.R.(2d) 406, folld.

Statutes Noticed:

Judicature Act, R.S. Nfld. 1952, c. 114, sect. 201(1).

Labour Relations Act, R.S. Nfld. 1952, c. 258, sect. 21(a).

Rules of Supreme Court, Order 57, rule 10.

Counsel:

Michael J. Monaghan, for the plaintiff;

Frederick R. Woolridge, for the defendants.