Hogan v. Peddle, (1984) 48 Nfld. & P.E.I.R. 275 (NFPC)

• Judge: Woodrow, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: April 09, 1984
• Jurisdiction: Newfoundland and Labrador
• Citations: (1984), 48 Nfld. & P.E.I.R. 275 (NFPC)

Hogan v. Peddle (1984), 48 Nfld. & P.E.I.R. 275 (NFPC);

    142 A.P.R. 275

MLB headnote and full text

Hogan v. Peddle

Indexed As: Hogan v. Peddle

Newfoundland Provincial Court

Woodrow, P.C.J.

April 9, 1984.

Summary:

A union member commenced a private prosecution against the chief negotiator for the employer, on a charge that the negotiator failed to bargain collectively in good faith, contrary to s. 15(a) of the Public Service (Collective Bargaining) Act. The Newfoundland Provincial Court acquitted the negotiator.

Labour Law - Topic 6359

Industrial relations - Collective agreement - Negotiation - Duty to bargain in good faith - Enforcement of - An employer's chief negotiator took a pre-determined position on wages - The Newfoundland Provincial Court held that the negotiator did not breach the duty to bargain collectively in good faith and thereby contravene s. 15(a) of the Public Service (Collective Bargaining) Act, where no negotiations had yet taken place.

Statutes Noticed:

Public Service (Collective Bargaining) Act, S.N. 1973, c. 123, sect. 2(m) [para. 6]; sect. 15(a) [para. 7]; sect. 44(1) [para. 7].

Counsel:

Randell Earle, for the informant;

Augustus G. Lilly, for the defendant.

This charge was heard before Woodrow, P.C.J., of the Newfoundland Provincial Court, whose decision was delivered on April 9, 1984.