Hospital Employees' Union et al. v. Society of Respiratory Therapists (B.C.) et al., (1991) 2 B.C.A.C. 63 (CA)

• Judge: Southin, Cumming and Hinds, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 07, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 2 B.C.A.C. 63 (CA)

HEU v. Respiratory Therapists Soc. (1991), 2 B.C.A.C. 63 (CA);

    5 W.A.C. 63

MLB headnote and full text

Hospital Employees' Union, Janet Stevenson, Greg O'Neill and Shirley Vickers (appellants) v. British Columbia Society of Respiratory Therapists, Health Sciences Association of British Columbia, Health Labour Relations Association of British Columbia and Industrial Relations Council of British Columbia (respondents)

(CA012556)

Indexed As: Hospital Employees' Union et al. v. Society of Respiratory Therapists (B.C.) et al.

British Columbia Court of Appeal

Southin, Cumming and Hinds, JJ.A.

June 27, 1991.

Summary:

The Hospital Employees' Union held certificates to represent employees at approximately 220 health care facilities in British Columbia. Twenty-four of these facilities had respiratory therapists who were included in the Hospital Employees' Union's bargaining units. The British Columbia Society of Respiratory Therapists applied to move all respiratory therapists from the Hospital Employees' Union to the Health Sciences Association of British Columbia (i.e., another union). The Industrial Relations Council granted the application. The Hospital Employees' Union and three individual therapists applied for judicial review of the Council's decisions.

The British Columbia Supreme Court, per Shaw, J., dismissed the application. The Hospital Employees' Union and the individual therapists appealed.

The British Columbia Court of Appeal dismissed the appeal.

Labour Law - Topic 438

Labour relations boards and judicial review - Boards - Jurisdiction - Provincial boards - Respiratory therapists were covered by certifications held by the Hospital Employees' Union (H.E.U.) - The British Columbia Society of Respiratory Therapists (the B.C.S.R.T.) was a society formed under the Society Act - The Industrial Relations Council allowed an application by the B.C.S.R.T. to have the respiratory therapists in the H.E.U. transferred to another union - The H.E.U. et al. applied to quash the Council's decision, arguing that it lacked jurisdiction to hear an application from the B.C.S.R.T. because it was not a "person" under the Industrial Relations Act, s. 34(1) - The British Columbia Court of Appeal rejected this argument - See paragraphs 1 to 11.

Labour Law - Topic 440

Labour relations boards and judicial review - Boards - Jurisdiction - To alter bargaining units - Respiratory therapists were covered by the Hospital Employees' Union (H.E.U.) certifications - The Industrial Relations Council allowed an application by the British Columbia Society of Respiratory Therapists to have the respiratory therapists in the H.E.U. transferred to another union - The H.E.U. et al. applied to quash the Council's decision, arguing that it lacked jurisdiction to change the bargaining unit under s. 34(1) of the Industrial Relations Act without resort to Part 3 of the Act (i.e., without determining the necessary threshold support or voting requirements) - The British Columbia Court of Appeal rejected this argument - See paragraphs 12 to 22.

Words and Phrases

Person - The British Columbia Court of Appeal discussed the meaning of this word as it appeared in s. 34(1) of the Industrial Relations Act, R.S.B.C. 1979, c. 212 - See paragraphs 1 to 11.

Cases Noticed:

Re Board of School Trustees and School District No. 57 and International Union of Operating Engineers, Local 858, [1974] 1 W.W.R. 197; 42 D.L.R.(3d) 91 (B.C.S.C.), refd to. [para. 12].

Lorne W. Comozzi Co. Ltd. et al. v. International Union of Operating Engineers, Local 115 et al. (1984), 51 B.C.L.R. 372 (C.A.), refd to. [para. 15].

Statutes Noticed:

Industrial Relations Act, R.S.B.C. 1979, c. 212, sect. 21(c) [para. 12]; sect. 34(1) [para. 5 et seq.]; Part 3 [para. 12].

Counsel:

Linda M. Dennis, for the appellant;

   J. Miriam Gropper, for the B.C. Society of Respiratory Therapists;

Derek Harris and Marcia McNeil, for the Health Labour Relations Association of B.C.;

Peter A. Gall and Beverley Leader, for the Industrial Relations Council of B.C.

This appeal was heard on June 7, 1991, in Vancouver, B.C., before Southin, Cumming and Hinds, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered by, Cumming, J.A., on June 27, 1991.