International Association of Machinists and Aerospace Workers v. Perks, Grandy and Hearn, (1984) 50 Nfld. & P.E.I.R. 44 (NFPC)

• Judge: Reid, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 25, 1984
• Jurisdiction: Newfoundland and Labrador
• Citations: (1984), 50 Nfld. & P.E.I.R. 44 (NFPC)

IAM v. Perks (1984), 50 Nfld. & P.E.I.R. 44 (NFPC);

    149 A.P.R. 44

MLB headnote and full text

International Association of Machinists and Aerospace Workers v. Perks

(1983 No. 4629)

International Association of Machinists and Aerospace Workers v. Grandy

(1983 No. 4627)

International Association of Machinists and Aerospace Workers v. Hearn

(1983 No. 4628)

Indexed As: International Association of Machinists and Aerospace Workers v. Perks, Grandy and Hearn

Newfoundland Provincial Court

District of St. John's

Reid, P.C.J.

July 13, 1984.

Summary:

The union brought actions under the Small Claims Act against three union members to enforce unpaid fines for crossing a picket line. Before trial, one of the union members applied to strike out the statements of claim on jurisdictional grounds. The actions were combined for this preliminary issue.

The Newfoundland Provincial Court allowed the application and struck out the statements of claim, because the actions were prohibited under s. 4(1)(b) of the Trade Unions Act and, alternatively, the fines did not constitute damages or a civil debt enforceable under the Small Claims Act.

Contracts - Topic 2065

Terms - Implied terms - To achieve business efficacy - The Newfoundland Provincial Court held that although it could imply a term to give business efficacy to a contract, it was reluctant to do so where implying a term would basically change the nature of the contract - The court generally discussed when a term would be implied in a contract - See paragraph 34.

Courts - Topic 6478

Provincial courts - Newfoundland - Small claims court - Jurisdiction - Civil debt or damages - A union commenced actions under the Small Claims Act to enforce fines imposed upon union members for crossing a picket line - The Newfoundland Provincial Court held that the actions could not be brought under the Act, because the fines did not constitute a civil debt or damages where there was no quid pro quo, or any express or implied agreements that the fines constituted a civil debt - See paragraphs 25 to 32.

Labour Law - Topic 2161

Unions - Legal status or capacity - Trade Unions Act, R.S.C. 1970, c. T-11 - A trade union was not registered under the Trade Unions Act - The union could not legally exist at common law, because its objects and purposes rendered the union in unreasonable restraint of trade - The Newfoundland Provincial Court held that the union's illegality at common law required it to look to the Act for legality, therefore making the union subject to the provisions of the Act - See paragraphs 14 to 24.

Labour Law - Topic 2162

Unions - Legal status or capacity - At common law - A trade union was not registered under the Trade Unions Act, R.S.C. 1970, c. T-11 - The union could legally exist at common law if its objects and purposes did not render the union in unreasonable restraint of trade - The Newfoundland Provincial Court held that the union was illegal at common law, because its union constitution provided for strikes and disciplinary action for crossing the picket line, which was aimed at the restraint of trade - See paragraphs 14 to 19.

Cases Noticed:

Russell v. Amalgamated Society of Carpenters and Joiners, [1912] A.C. 421, folld. [para. 9].

Astgen et al. v. Smith et al., [1970] 1 O.R. 129 (C.A.), refd to. [para. 14].

The Moorcook (1889), 14 P.D. 64, refd to. [para. 34].

Reigate v. Union Manufacturing Co. (Ramsbottom), [1918] 1 K.B. 592, refd to. [para. 34].

Shirlow v. Southern Foundaries (1926) Ltd., [1939] 2 K.B. 206, refd to. [para. 34].

Trollope and Colls. Ltd. v. North West Metropolitan Regional Hospital Board, [1973] 2 All E.R. 260, refd to. [para. 34].

Statutes Noticed:

Trade Union Act, 1871 (I.M.P.), 34 & 35 Vict., c. 31, sect. 4 [para. 11].

Trade Union Act, R.S.C. 1970, c. T-11, sect. 4 [para. 12]; sect. 29 [para. 14].

Small Claims Act, S.N. 1979, c. 34, sect. 3 [para. 37].

Authors and Works Noticed:

Grunfeld, Modern Trade Union Law (1966), generally [paras. 9, 18, 23]; p. 67 [para. 17].

Counsel:

Deborah J. Paquette, for the plaintiff;

Augustus G. Lilly, for the defendants.

This application was heard on May 25, 1984, at St. John's, Newfoundland, before Reid, P.C.J., of the Newfoundland Provincial Court, who delivered the following judgment on July 13, 1984.