Millen et al. v. Hydro Electric Board (Man.) et al., 2016 MBCA 56

• Judge: Steel, Burnett and Mainella, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: March 16, 2016
• Jurisdiction: Manitoba
• Citations: 2016 MBCA 56;(2016), 330 Man.R.(2d) 84 (CA)

Millen v. Man. Hydro (2016), 330 Man.R.(2d) 84 (CA);

      675 W.A.C. 84

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. JN.013

Barry Millen, Terri Fordham, Rick Lesiuk, Floyd Stoneham, Michel Paul Pilotte and Merit Contractors Association of Manitoba (plaintiffs/appellants) v. Manitoba Hydro-Electric Board, The Hydro Projects Management Association, The Allied Hydro Council of Manitoba, Local Union 99 of The International Association of Heat and Frost Insulators and Allied Workers, Local Union 2034 of The International Brotherhood of Electrical Workers and Local Union 987 of The International Union of Operating Engineers (defendants/respondents)

(AI 15-30-08416; 2016 MBCA 56)

Indexed As: Millen et al. v. Hydro Electric Board (Man.) et al.

Manitoba Court of Appeal

Steel, Burnett and Mainella, JJ.A.

May 31, 2016.

Summary:

The plaintiffs' action sought a declaration that two project management agreements that governed major hydroelectric projects in Manitoba contravened ss. 2(b) and 2(d) of the Charter by requiring everyone who worked on the projects to join a union (i.e., by creating "union shops"). The plaintiffs sought to amend the claim to add a challenge to the constitutionality of the Manitoba government policy that the plaintiffs alleged was implemented by the agreements and to add Manitoba as a defendant.

The Manitoba Court of Queen's Bench, in a decision reported at (2014), 305 Man.R.(2d) 32, allowed the amendments to the pleadings to add the constitutional challenge and denied the motion to add Manitoba as a defendant. The defendants moved to stay the action on the basis that the issues raised fell within the exclusive jurisdiction of an arbitrator or the Manitoba Labour Board.

The Manitoba Court of Queen's Bench (motions judge), in a decision reported 317 Man.R.(2d) 276, granted the motion. The Manitoba Labour Board was the proper forum for the determination of the issues raised by the plaintiffs' claim. The plaintiffs appealed.

The Manitoba Court of Appeal dismissed the appeal.

Labour Law - Topic 434

Labour relations boards and judicial review - Boards - Jurisdiction - Charter or constitutional issues - The plaintiffs asserted that two project management agreements that governed major hydroelectric projects in Manitoba contravened ss. 2(b) and 2(d) of the Charter by creating "union shops" and imposing compulsory union dues on employees - The plaintiffs also challenged the validity of s. 76 of the Labour Relations Act, which provided that all collective agreements had to contain a compulsory "check off" clause - The defendants moved to stay the action on the basis that the issues raised fell within the exclusive jurisdiction of the Manitoba Labour Board - A motions judge granted the motion on the basis that the essential character of the dispute fell within the exclusive jurisdiction of the Board - The plaintiffs appealed - The Manitoba Court of Appeal dismissed the appeal - The motions judge was correct in her interpretation and application of the law - See paragraphs 14 to 34.

Labour Law - Topic 438

Labour relations boards and judicial review - Boards - Jurisdiction - Provincial boards - [See Labour Law - Topic 434 ].

Labour Law - Topic 7201

Industrial relations - Collective agreement - Enforcement - Civil action - When available - [See Labour Law - Topic 434 ].

Labour Law - Topic 7209

Industrial relations - Collective agreement - Enforcement - Civil action - For Charter or human rights legislation relief - [See Labour Law - Topic 434 ].

Counsel:

P.A. Gall, Q.C., C.L. Monnin and L.J. Wihak, for the appellants;

J.L. Mayor and O.V. Fernandes, for the respondent, Manitoba Hydro-Electric Board;

K.L. Gibson and C.J. Frost, for the respondent, The Hydro Projects Management Association;

T.M. Marques and S.L. Carson, for all other respondents.

This appeal was heard on March 16, 2016, before Steel, Burnett and Mainella, JJ.A., of the Manitoba Court of Appeal. The following judgment was delivered for the court by Steel, J.A., on May 31, 2016.