Newcastle v. Carter, Canadian Union of Public Employees, Local 1275 and Industrial Relations Board (N.B.), (1985) 61 N.B.R.(2d) 13 (TD)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 09, 1985
• Jurisdiction: New Brunswick
• Citations: (1985), 61 N.B.R.(2d) 13 (TD)

Newcastle v. Carter (1985), 61 N.B.R.(2d) 13 (TD);

    61 R.N.-B.(2e) 13; 158 A.P.R. 13

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Newcastle v. Carter, Canadian Union of Public Employees, Local 1275 and Industrial Relations Board (N.B.)

(No. N/M/32/84)

Indexed As: Newcastle v. Carter, Canadian Union of Public Employees, Local 1275 and Industrial Relations Board (N.B.)

Répertorié: Newcastle v. Carter, Canadian Union of Public Employees, Local 1275 and Industrial Relations Board (N.B.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Stevenson, J.

February 7, 1985.

Summary:

Résumé:

Carter, the vice-president of the C.U.P.E. local representing the Newcastle police force, was dismissed by the town for conduct bringing discredit to the force. The town and union agreed to submit the appropriateness of the dismissal to the Police Commission, which subsequently upheld the dismissal. An appeal to the Attorney General was dismissed. Carter filed an unfair labour practices complaint with the Industrial Relations Board, seeking reinstatement. The town submitted that the board lacked jurisdiction, because Carter's agreement to submit the matter to the Police Commission estopped him from attempting to retry his dismissal. The board distinguished between the dismissal (police matter) and the unfair labour practices complaint (industrial relations matter) and held that it had jurisdiction. The town applied to quash the board's decision.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application, because the board did, in the narrow sense, have jurisdiction to hear the complaint. However, the court held that the board could not order reinstatement because an estoppel was created by the Commission's decision that the dismissal was justified.

Estoppel - Topic 388

Estoppel by record (res judicata) - Res judicata as a bar to subsequent proceedings - Decisions of administrative tribunals - A dismissed policeman agreed to submit the appropriateness of his dismissal to the Police Commission, with an appeal to the Attorney General - The Commission and the Attorney General, acting properly in every respect, found the dismissal appropriate - The policeman then filed an unfair labour practices complaint with the Industrial Relations Board, seeking reinstatement - The New Brunswick Court of Queen's Bench, Trial Division, held that the board had jurisdiction to hear the complaint, but was estopped by the doctrine of estoppel quasi of record from ordering reinstatement, where it had already been determined that the policeman was justifiably dismissed - See paragraphs 22 to 38.

Labour Law - Topic 3502

Unions - Unfair labour practices - Jurisdiction - A dismissed policeman agreed to submit the appropriateness of his dismissal to the Police Commission, with an appeal to the Attorney General - The Commission and the Attorney General, acting properly in every respect, found the dismissal appropriate - The policeman then filed an unfair labour practices complaint with the Industrial Relations Board, seeking reinstatement - The New Brunswick Court of Queen's Bench, Trial Division, held that the Board had jurisdiction to hear the complaint, but was estopped by the doctrine of estoppel quasi of record from ordering reinstatement where it had already been determined that the policeman was justifiably dismissed - See paragraphs 22 to 38.

Labour Law - Topic 3627

Unions - Unfair labour practices - Remedies - Reinstatement - A policeman filed an unfair labour practices complaint, seeking reinstatement - Previous proceedings before the Police Commission and the Attorney General had determined that he was dismissed for cause - The New Brunswick Court of Queen's Bench, Trial Division, held that although the Industrial Relations Board had jurisdiction to hear the complaint, the decisions of the Commission and the Attorney General estopped the board from ordering reinstatement - See paragraphs 22 to 38.

Cases Noticed:

Stanton v. Town of Rothesay (1979), 24 N.B.R.(2d) 579; 48 A.P.R. 579, refd to. [para. 9].

Kane v. Board of Governors of the University of British Columbia, [1980] 1 S.C.R. 1105; 31 N.R. 214, refd to. [para. 9].

United Brotherhood of Carpenters and Joiners of America and National Showcase Co. Ltd., 61 C.L.L.C. 16,185, refd to. [para. 27].

United Food & Commercial Workers International Union v. Valdi Inc., [1980] O.L.R.B.R. 1254, refd to. [para. 31].

Statutes Noticed:

Industrial Relations Act, R.S.N.B. 1973, c. I-4, sect. 106(1), sect. 106(3), sect. 106(5), sect. 106(10), sect. 121(3), sect. 131(2) [para. 16].

Police Act, S.N.B. 1977, c. P-9.2, sect. 22(4) [para. 4].

Authors and Works Noticed:

Halsbury's Laws of England (4th Ed.), vol. 16, paras. 1565, 1569 [para. 36].

Counsel:

Gerald F. Smith, for the applicant;

Robert D. Breen, for the respondents, Blair Carter and Canadian Union of Public Employees, Local 1275;

Paul H. Blanchet, for the respondent, New Brunswick Industrial Relations Board.

This application was heard on January 9, 1985, at Fredericton, New Brunswick, before Stevenson, J., of the New Brunswick Court of Queen's Bench, Trial Division, who delivered the following judgment on February 7, 1985.