International Union of Operating Engineers, Local 793 v. Traugott Construction Ltd., (1984) 1 O.A.C. 381 (DC)

Judge:Osler, Eberle and Sirois, JJ.
Court:Superior Court of Justice of Ontario
Case Date:December 13, 1983
Citations:(1984), 1 O.A.C. 381 (DC)

IUOE v. Traugott Constr. Ltd. (1984), 1 O.A.C. 381 (DC)

MLB headnote and full text

International Union of Operating Engineers, Local 793 v. Traugott Construction Limited

(No. 948/82)

Indexed As: International Union of Operating Engineers, Local 793 v. Traugott Construction Ltd.

Ontario Divisional Court

Osler, Eberle and Sirois, JJ.

January 20, 1984.


A union grieved to the Ontario Labour Relations Board that the respondent employer failed to use union employees on a construction job contrary to the collective agreement. The employer signed the agreement to prevent the continuance of an illegal strike. The Board refused to declare that the collective agreement was void, because the party named as employee was not formally before the Board, but refused to enforce the agreement because of unlawful conduct by the union. The union applied to quash the Board's decision.

The Ontario Divisional Court dismissed the application and upheld the Board's decision, because it was not patently unreasonable.

Labour Law - Topic 628

Labour relations boards - Judicial review - Bars - Privative clause - The Ontario Divisional Court held that the sole ground for judicial review of the decision of a labour board protected by a privative clause was whether the board's interpretation of its own constituent statute was so patently unreasonable as to permit interference - See paragraphs 20 to 38.

Labour Law - Topic 7006

Industrial relations - Collective agreement - Enforcement - Where agreement obtained through unlawful conduct - The employer on a construction project signed a "working agreement" to prevent an unlawful strike - The strike was encouraged by a union worker in violation of ss. 74 and 76 of the Labour Relations Act - The union then grieved respecting employment practices allegedly contrary to the agreement - The Ontario Labour Relations Board held that the document was a collective agreement, but unenforceable because no legal relationship was created between the parties as a result of the union's unlawful behaviour - The Ontario Divisional Court upheld the Board's interpretation as reasonable - See paragraphs 39 to 40.

Cases Noticed:

Re Shopmen's Local Union No. 743, International Association of Bridge, Structural and Ornamental Ironworkers (AFL, CIO, CLC) and Brayshaws Steel Ltd. et al.; Re Brayshaws Steel Ltd. and United Steelworkers of America, [1972] 2 O.R. 549, not appld. [para. 20].

Jarvis v. Associated Medical Services Inc. et al., [1964] S.C.R. 497, refd to. [para. 25].

Re Libby, McNeill & Libby of Canada Ltd. and United Automobile, Aerospace & Agricultural Implement Workers of America et al. (1978), 21 O.R.(2d) 340, not appld. [para. 26].

Service Employees' International Union, Local No. 333 v. Nipawin District Staff Nurses Association of Nipawin, [1975] 1 S.C.R. 382, consd. [para. 29].

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, appld. [para. 30].

Teamsters Union Local 938 et al. v. Massicotte et al. (1982), 44 N.R. 340; 134 D.L.R.(3d) 385, consd. [para. 37].

Re Carpenters' District Council of Toronto and Vicinity and Engineering Structures and Components (1978), 19 O.R.(2d) 446, refd to. [para. 39].

R. v. Ontario Labour Relations Board; Ex parte Genaire Limited, [1958] O.R. 637, refd to. [para. 41].

Re Tandy Electronics Ltd. and United Steelworkers of America et al. (1980), 115 D.L.R.(3d) 197, refd to. [para. 43].

R. v. Canada Labour Relations Board ex parte. Martin et al., [1966] 2 O.R. 684, refd to. [para. 44].

Holman v. Johnson (1775), 1 Cowp. 341; 98 E.R. 1120, refd to. [para. 46].

Statutes Noticed:

Labour Relations Act, R.S.O. 1980, c. 228, sect. 74 [para. 12]; sect. 76 [para. 12]; sect. 89 [paras. 41 to 42]; sect. 124 [para. 6]; sect. 137(2) [para. 1].


Stephen B.D. Wahl, for the applicant;

R.M. Werbicki, for the respondent, Traugott Construction Limited;

I.G. Scott, Q.C., and N. Sissanayake, for the Ontario Labour Relations Board.

This application was heard before Osler, Eberle and Sirois, JJ., of the Ontario Divisional Court, on December 13, 1983. The decision of the Divisional Court was delivered by Osler, J., and released on January 20, 1984.

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