United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 264 et al. v. Metal Fabricating & Construction Ltd., (1988) 70 Sask.R. 314 (QB)

• Judge: Matheson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: November 30, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 70 Sask.R. 314 (QB)

PPF v. Metal Fabricating & Constr. (1988), 70 Sask.R. 314 (QB)

MLB headnote and full text

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 264, International Brotherhood of Electrical Workers, Local 529, and Millwrights Machine Erectors & Maintenance Union, Local 1021 (applicants) v. Metal Fabricating & Construction Ltd. (respondent)

(Q.B. No. 3945 A.D. 1988 J.C.S.)

Indexed As: United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 264 et al. v. Metal Fabricating & Construction Ltd.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Matheson, J.

November 30, 1988.

Summary:

The applicant unions and the respondent employer were subject to three collective agreements negotiated by the unions and the Saskatchewan Construction Labour Relations Council (an employer bargaining agency). All three agreements were to be in effect until April 30, 1984, and each could be terminated on notice. In March 1984, the Saskatchewan Construction Labour Relations Council gave notice of termination of the three agreements. No further agreements were entered into. The unions subsequently filed grievances, alleging violations of their respective collective bargaining rights. The unions argued that under s. 4(c) of the Construction Industry Labour Relations Repeal Act, which came into effect in December, 1983, the collective agreements could no longer be terminated on notice, but continued in effect until new collective agreements were negotiated. Thus grievances were possible even after the April 30, 1984, expiry dates. The arbitration board set up to hear all the grievances held that there were no collective agreements in existence and the board lacked jurisdiction to consider the grievances. The unions applied for judicial review to set aside the arbitration board's decision.

The Saskatchewan Court of Queen's Bench dismissed the unions' application, and affirmed that the March 1984 notices terminated the collective agreements and the arbitration board lacked jurisdiction. The court agreed with the board's interpretation of s. 4(c) of the Construction Industry Labour Relations Repeal Act that the section incorporated the express right to terminate the collective agreements as specified in s. 33(4) of the Trade Union Act.

Labour Law - Topic 6426

Unions - Collective agreement - Interpretation - Commencement, duration and extension - Termination - By notice - Section 4 of the Construction Industry Labour Relations Repeal Act was a transition provision which set out how long collective agreements negotiated under the Construction Industry Labour Relations Act would remain in effect - Three unions argued that under s. 4(c) collective agreements negotiated by the Saskatchewan Construction Labour Relations Council (an employer bar gaining agency) could no longer be terminated on notice and remained in effect until new collective agreements were negotiated - The Saskatchewan Court of Queen's Bench rejected this interpretation of s. 4(c), holding that the section incorporated the express right to terminate collective agreements as specified in s. 33(4) of the Trade Union Act.

Cases Noticed:

McLeod et al. v. Egan et al., [1975] 1 S.C.R. 517; 2 N.R. 443; 46 D.L.R.(3d) 150, refd to. [para. 7].

United Brotherhood of Carpenters and Joiners of America, Local 1805 v. Little Borland Ltd. (1986), 48 Sask.R. 291, consd. [para. 22].

Wentworth Arms Hotel Limited et al. v. Hotel and Restaurant Employees and Bartenders International Union, Local 197, [1979] 1 S.C.R. 846; 24 N.R. 417; 94 D.L.R.(3d) 161, consd. [para. 30].

Statutes Noticed:

Construction Industry Labour Relations Act, S.S. 1979, c. 29.1, sect. 24 [para. 28].

Construction Industry Labour Relations Repeal Act, S.S. 1983-84, c. 29, sect. 4 [para. 12 et seq].

Trade Union Act, R.S.S. 1978, c. T-17, sect. 33(1) [paras. 14, 16, 18]; sect. 33(4) [paras. 14-18, 27, 28]; sect. 34 [para. 15].

Authors and Works Noticed:

Maxwell on the Interpretation of Statutes (12th Ed. 1969), p. 36 [para. 23].

Driedger, Construction of Statutes (2nd Ed.), p. 33 [para. 25].

Counsel:

R.W. Mitchell, for the applicants;

T.C. Zarzeczny, for the respondent.

This application was heard before Matheson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on November 30, 1988: