Nova Scotia Nurses' Union (Halifax Infirmary Local) v. Halifax Infirmary Hospital, (1982) 54 N.S.R.(2d) 289 (CA)

JudgeMacKeigan, C.J.N.S., Cooper and Pace, JJ.A.
CourtSupreme Court of Nova Scotia (Canada)
Case DateDecember 31, 1982
JurisdictionNova Scotia
Citations(1982), 54 N.S.R.(2d) 289 (CA)

Nurses Union v. Infirmary (1982), 54 N.S.R.(2d) 289 (CA);

    112 A.P.R. 289

MLB headnote and full text

Nova Scotia Nurses' Union (halifax Infirmary Local) v. Halifax Infirmary Hospital

(S.C.A. No. 00989)

Indexed As: Nova Scotia Nurses' Union (Halifax Infirmary Local) v. Halifax Infirmary Hospital

Nova Scotia Supreme Court

Appeal Division

MacKeigan, C.J.N.S., Cooper and Pace, JJ.A.

December 31, 1982.

Summary:

A nurses' union filed grievance with an arbitration board against a hospital claiming that a nurse had been wrongfully denied sick benefits under the collective agreement between the union and the hospital. The arbitration board allowed the grievance. The hospital appealed.

The Nova Scotia Supreme Court, Trial Division, allowed the appeal and quashed the decision of the arbitration board. The union appealed.

The Nova Scotia Supreme Court, Appeal Division, dismissed the appeal.

Arbitration - Topic 7905

Judicial review - Jurisdiction of courts - Consensual arbitrator - General - The Nova Scotia Supreme Court, Appeal Division, discussed principles of judicial review respecting consensual labour arbitrators - See paragraphs 19 to 24.

Arbitration - Topic 8000

Judicial review - Jurisdiction of arbitrator - Error of law on the face of the record - Adjudication on questions not specifically referred to arbitrator - A hospital management rule gave the hospital the right to request medical certificates as proof of an employee's illness - A nurse was denied benefits, because she failed to show that she was sick - On grievance an arbitration board held that the rule was unreasonable - The Nova Scotia Supreme Court, Appeal Division, held that the board erred in considering the reasonableness of the rule and held that the question before the board was whether the nurse was sick - See paragraphs 26 and 41 to 44.

Cases Noticed:

Re Lumber & Sawmill Workers' Union and KVP Co. Ltd. (1965), 16 L.A.C. 73, consd. [para. 16].

Canadian Keyes Fibre Co. Ltd. v. United Paperworkers International Union, Local 576 (1974), 8 N.S.R.(2d) 81 (N.S.C.A.), not appld. [para. 20].

Metropolitan Toronto Police Association and Weiler v. Metropolitan Toronto Board of Commissioners of Police, [1975] S.C.R. 630, not appld. [para. 22].

International Union, United Automobile Aerospace and Agricultural Implement Workers of America v. Volvo Canada Limited, [1980] 1 S.C.R. 178; 27 N.R. 502; 33 N.S.R.(2d) 22; 57 A.P.R. 22; 99 D.L.R.(3d) 193, refd to. [para. 23].

Re Metropolitan Toronto Board of Commissioners of Police and Metropolitan Toronto Police Association et al. (1981), 124 D.L.R.(3d) 684 (Ont. C.A.), consd. [para. 24].

Re United Brewery Workers and Molson's Brewery (1961), 11 L.A.C. 381, refd to. [para. 43].

Re Polkington Bros. Ltd. (1971), 23 L.A.C. 315, refd to. [para. 43].

R. v. Board of Arbitration ex p. United Steelworkers, [1970] 1 O.R. 99 (Ont. H.C.), refd to. [para. 43].

Statutes Noticed:

Arbitration Act, R.S.N.S. 1969, c. 12, sect. 13(2) [para. 19].

Trade Union Act, S.N.S. 1972, c. 19, sect. 40(1) [para. 19].

Authors and Works Noticed:

Brown and Beatty, Canadian Labour Arbitration (1977), pp. 12-13 [para. 26]; 149-151 [para. 41]; 308-309 [para. 43].

Palmer, Collective Agreement Arbitration in Canada (1978), pp. 95-99 [para. 26]; 217-219 [para. 41]; 525-528 [para. 43].

Counsel:

Gregory I. North and T.L. Roane, for the appellant;

Eric B. Durnford and K. Sara Filbee, for the respondent.

This appeal was heard before MacKEIGAN, C.J.N.S., COOPER and PACE, JJ.A., of the Nova Scotia Supreme Court, Appeal Division. The following decision was delivered by MacKEIGAN, C.J.N.S., on December 31, 1982.

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