Gendron v. Supply and Services Union of the Public Service Alliance of Canada, Local 50057 et al., (1990) 109 N.R. 321 (SCC)

• Judge: Lamer, Wilson, L'Heureux-Dubé, Sopinka, Gonthier, Cory and McLachlin, JJ.
• Court: Supreme Court (Canada)
• Case Date: January 26, 1990
• Jurisdiction: Canada (Federal)
• Citations: (1990), 109 N.R. 321 (SCC);JE 90-925;[1990] 4 WWR 385;[1990] ACS no 55;44 Admin LR 149;1990 CanLII 110 (SCC);66 Man R (2d) 81;[1990] 1 SCR 1298;109 NR 321;[1990] SCJ No 55 (QL)

Gendron v. Supply & Services Union (1990), 109 N.R. 321 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Local 50057, Supply and Services Union of the Public Service Alliance of Canada and the Public Service Alliance of Canada v. François Gendron

(No. 20708)

Indexed As: Gendron v. Supply and Services Union of the Public Service Alliance of Canada, Local 50057 et al.

Supreme Court of Canada

Lamer, Wilson, L'Heureux-Dubé, Sopinka, Gonthier, Cory and McLachlin, JJ.

May 31, 1990.

Summary:

Gendron was an employee of the Royal Canadian Mint in Winnipeg, Manitoba and a member of Local 50057 of the Supply and Services Union of the Public Service Alliance of Canada. Gendron commenced an action for damages against the union for allegedly failing in its statutory duty to fairly represent him in a grievance against the Mint and for unfairly representing him by pursuing a grievance on behalf of other employees, which adversely affected him.

The Manitoba Court of Queen's Bench in a decision reported 43 Man.R.(2d) 123, dismissed Gendron's action. Gendron appealed the dismissal of his action.

The Manitoba Court of Appeal, in a decision reported 49 Man.R.(2d) 179, allowed the appeal and awarded Gendron damages accordingly. The Union appealed.

The Supreme Court of Canada allowed the appeal, set aside the judgment of the Court of Appeal and dismissed Gendron's action. The court held that the Manitoba Court of Queen's Bench had no jurisdiction to deal with Gendron's claim under the Canada Labour Code, rather the claim should have been litigated before the Canada Labour Relations Board.

Administrative Law - Topic 9118

Boards and tribunals - Judicial review - Curial deference to decisions of tribunals - The Supreme Court of Canada discussed the principle of curial deference to decisions of specialized tribunals - See paragraphs 55 to 59.

Labour Law - Topic 2706

Unions - Duties - To represent member of bargaining unit - The Supreme Court of Canada reviewed a union's duty of fair representation at common law - See paragraphs 24 to 36 - The court thereafter discussed the effect of the Canada Labour Code on the common law duty - The court held that in cases where the Code applies, the Code, by necessary implication, ousts the common law duty, substituting therefore a statutory duty of fair representation - Further there is no original jurisdiction in the ordinary courts to deal with a breach of the statutory duty, but rather the matter must proceed first to the Canada Labour Relations Board - See paragraphs 37 to 61.

Labour Law - Topic 2706

Unions - Duties - To represent member of bargaining unit - The Supreme Court of Canada discussed the factors to be considered in determining whether a union has breached its statutory duty of fair representation in s. 36.1 of the Canada Labour Code - See paragraph 62.

Labour Law - Topic 2706

Unions - Duties - To represent member of bargaining unit - Gendron was promoted based on an erroneous assumption by his employer that he was the best qualified - The unsuccessful and better qualified candidates grieved with union support - Gendron lost his job - He also grieved with union support, but when he was unsuccessful in the early stages of his grievance, the union discontinued support - Gendron commenced court action, alleging unfair union representation - The Supreme Court of Canada held that the ordinary courts lacked jurisdiction to deal with this case because Gendron's claim was based on a breach of a statutory duty (Canada Labour Code, S.C. 36.1), a matter within the original jurisdiction of the Canada Labour Relations Board.

Labour Law - Topic 2706

Unions - Duties - To represent member of bargaining unit - Gendron was promoted based on an erroneous assumption by his employer that he was the most qualified candidate - The unsuccessful and better qualified candidates grieved with union support - Gendron lost his job - Gendron also grieved with union support, but when he was unsuccessful in the early stages of his grievance, the union discontinued support - The Supreme Court of Canada discussed the duty of fair representation as it applied to this fact situation.

Cases Noticed:

Gagnon v. Canadian Merchant Service Guild and Laurentian Pilotage Authority, [1984] 1 S.C.R. 509; 53 N.R. 100, consd. [paras. 12, 14, 16, 35, 43, 63, 65].

Rayonier Canada (B.C.) Ltd. and International Woodworkers of America, Local 1-217, Re, [1975] 2 Can. L.R.B.R. 196, consd. [paras. 16, 64].

Steele v. Louisville & Nashville Railroad Co. (1944), 323 U.S. 192, consd. [paras. 25, 26].

Tunstall v. Brotherhood of Locomotive Firemen & Enginemen (1944), 323 U.S. 210, consd. [para. 25].

Ford Motor Co. v. Huffman (1953), 345 U.S. 330, consd. [para. 26].

Vaca v. Sipes (1967), 386 U.S. 171 (S.C.), consd. [paras. 27, 29].

Fisher v. Pemberton (1969), 8 D.L.R.(3d) 521, consd. [paras. 29, 31].

Adams and Vancouver Symphony Society and Musicians Association, Local 145, Re, [1976] 1 Can. L.R.B.R. 192 (B.C.), consd. [para. 30].

Simpson and United Garment Workers of Canada, Re, [1980] 3 Can. L.R.B.R. 136 (Sask.), consd. [para. 31].

Syndicat des agents de la paix de la Fonction publique v. Richer, [1983] C.A. 167, consd. [para. 32].

Rawluk v. Rawluk, [1990] 1 S.C.R. 70; 103 N.R. 321, consd. [paras. 37, 38, 43, 44].

Goodyear Tire & Rubber Co. of Canada v. T. Eaton Co., [1956] S.C.R. 610, refd to. [paras. 37, 44].

Mulherin v. U.S.W.A., Loc. 7884 (1987), 12 B.C.L.R.(2d) 251; leave to appeal refused [1987] 1 S.C.R. xi 255; 79 N.R. 396, refd to. [para. 43].

Ainscough et al. v. McGavin Toastmaster Ltd., [1976] 1 S.C.R. 718; 4 N.R. 618, consd. [para. 52].

Winnipeg Teachers' Association No. 1 of the Manitoba Teachers Society v. Winnipeg School Division No. 1, [1976] 2 S.C.R. 695; 7 N.R. 91, consd. [paras. 52, 53].

Brunet v. General Motors of Canada Ltd., [1977] 2 S.C.R. 537; 13 N.R. 233, consd. [para. 54].

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, consd. [para. 55].

St. Anne Nackawic Pulp & Paper Co. v. Canadian Paperworkers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236; 28 D.L.R.(4th) 1, appld. [paras. 56, 59].

British Columbia Telephone Co. v. Telecommunications Workers Union, [1988] 2 S.C.R. 564; 88 N.R. 260, consd. [para. 57].

Bell Canada v. Canadian Radio-Television and Telecommunications Commission, [1989] 1 S.C.R. 1722; 97 N.R. 15, consd. [paras. 57, 58].

Statutes Noticed:

Canada Labour Code - see Labour Code.

Labour Code, R.S.C. 1970, c. L-1, sect. 122 [para. 48]; sect. 136.1 [para. 15 et seq.]; sect. 189 [para. 42].

Authors and Works Noticed:

Adams, George W., Canadian Labour Law: A Comprehensive Text (1985), pp. 154 [para. 50]; 767 [para. 42].

Dorsey, James E., Canada Labour Relations Board: Federal Law and Practice (1983), p. 230 [para. 33].

Gagnon, Robert P., Louis LeBel and Pierre Verge, Droit du travail en vigueur au Québec (1971), p. 139 [para. 34].

Counsel:

Mel Myers, Q.C., for the appellants;

Sidney Green, Q.C., for the respondent.

Solicitors of Record:

Skwark, Myers, Kussin, Weinstein, Winnipeg, Manitoba, for the appellants;

Sidney Green, Winnipeg, Manitoba, for the respondent.

This appeal was heard on January 26, 1990, before Lamer, Wilson, L'Heureux-Dubé, Sopinka, Gonthier, Cory and McLachlin, JJ., of the Supreme Court of Canada. The judgment of the Supreme Court was rendered in both official languages by L'Heureux-Dubé, J., on May 31, 1990.