Provincial Auditor v. Saskatchewan Government Employees' Union and Labour Relations Board (Sask.), (1986) 49 Sask.R. 163 (CA)

• Judge: Hall, Tallis and Cameron, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: July 03, 1986
• Jurisdiction: Saskatchewan
• Citations: (1986), 49 Sask.R. 163 (CA)

Provincial Auditor v. SGEU (1986), 49 Sask.R. 163 (CA)

MLB headnote and full text

Provincial Auditor v. Saskatchewan Government Employees' Union and Labour Relations Board (Sask.)

(No. 8396)

Indexed As: Provincial Auditor v. Saskatchewan Government Employees' Union and Labour Relations Board (Sask.)

Saskatchewan Court of Appeal

Hall, Tallis and Cameron, JJ.A.

July 3, 1986.

Summary:

Employees of the Provincial Auditor were members of the public service until s. 8(2) of the Provincial Auditor Act was passed, which made them employees of the Legislative Assembly. The auditor stopped remitting union dues for these employees. The union filed an unfair labour practice application.

The Saskatchewan Labour Relations Board, without considering s. 8(2), allowed the application and ordered the auditor to continue remitting the union dues. The auditor applied to quash the Board's decision. The Board relied on a privative clause in s. 21 of the Trade Union Act, which prohibited judicial review of the Board's decision.

The Saskatchewan Court of Queen's Bench, in a decision reported in 31 Sask.R. 297, allowed the application and held that the Board's decision was reviewable where the Board exceeded its jurisdiction by either failing to consider relevant legislation or considering the legislation, but wrongly interpreting it. The union appealed.

The Saskatchewan Court of Appeal allowed the appeal and restored the Board's order. The Court of Appeal held that the Board did not commit a jurisdictional error or reach a decision which was patently unreasonable.

Administrative Law - Topic 5457

Judicial review - Certiorari - Evidence - Affidavits - The Provincial Auditor successfully applied to quash a decision of the Saskatchewan Labour Relations Board on the ground that the Board lacked jurisdiction in holding that the Auditor committed an unfair labour practice - The Provincial Auditor filed an affidavit which, inter alia, summarized the evidence tendered on his behalf before the Board - The Saskatchewan Court of Appeal held that these portions of the affidavit were inadmissible on the application for certiorari, where the jurisdiction of the Board to enter upon the inquiry could not be seriously challenged - See paragraphs 9 to 10.

Labour Law - Topic 603

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - Acting in excess of jurisdiction - Employees of the Provincial Auditor were members of the public service until s. 8(2) of the Provincial Auditor Act was passed, which made them employees of the Legislative Assembly - The Saskatchewan Labour Relations Board held that the auditor committed an unfair labour practice when the auditor stopped remitting union dues for these employees - The Saskatchewan Court of Appeal held that in so deciding, the Board did not commit jurisdictional error - See paragraphs 19 to 20.

Labour Law - Topic 629

Labour relations boards - Judicial review - Bars - Privative clause - Patently unreasonable interpretations - Employees of the Provincial Auditor were members of the public service until s. 8(2) of the Provincial Auditor Act was passed, which made them employees of the Legislative Assembly - The Saskatchewan Labour Relations Board held that the auditor committed an unfair labour practice when the auditor stopped remitting union dues for these employees under s. 36(1) of the Trade Union Act - The Saskatchewan Court of Appeal held that the Board's decision that the Provincial Auditor was an "employer" for purposes of s. 36(1) was not patently unreasonable or an error of jurisdiction, therefore the privative clause in s. 21 of the Act barred judicial review - See paragraphs 21 to 23.

Labour Law - Topic 3542

Unions - Unfair labour practices - By employer - Employer defined - Employees of the Provincial Auditor were members of the public service until s. 8(2) of the Provincial Auditor Act was passed, which made them employees of the Legislative Assembly - The Saskatchewan Labour Relations Board held that the auditor committed an unfair labour practice when he stopped remitting union dues for these employees under s. 36(1) of the Trade Union Act - The Saskatchewan Court of Appeal held that the Board's decision that the Provincial Auditor was an "employer" for purposes of s. 36(1) was not an error of jurisdiction or a patently unreasonable decision - See paragraphs 19 to 23.

Cases Noticed:

Sollars v. Canadian Union of Public Employees, Local 1832, and Saskatchewan Labour Relations Board (1984), 32 Sask.R. 188, revsing (1983), 24 Sask.R. 225, refd to. [para. 7].

Revelstoke Pre-Mix v. Chauffeurs, Teamsters and Helpers, Local 395 and Labour Relations Board of Saskatchewan, [1977] 2 W.W.R. 39 (Sask. C.A.), appld. [para. 9].

Farrell et al. v. Workmen's Compensation Board, [1962] S.C.R. 48, refd to. [para. 12].

Acme Home Improvement Limited v. Workmen's Compensation Board (1957), 23 W.W.R.(N.S.) 545 (B.C.C.A.), refd to. [para. 13].

Canadian Union of Public Employees Local 963 v. New Brunswick Liquor Corporation, [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; 79 C.L.L.C. 14,209, refd to. [para. 14].

Service Employees' International Union, Local No. 333 v. Nipawin District Staff Nurses Association and Nipawin Union Hospital and Labour Relations Board of Saskatchewan, [1975] 1 S.C.R. 382, refd to. [para. 15].

Canadian Broadcasting Corporation v. Le Syndicat des Employes de Production du Quebec et de L'Acadie and Canada Labour Relations Board, [1984] 2 S.C.R. 412; 55 N.R. 321 (S.C.C.), refd to. [paras. 18, 21].

Teamsters Union Local 938 etc. et al. v. Massicotte et al., [1982] 1 S.C.R. 710; 44 N.R. 430, refd to. [para. 21].

National Bank of Canada v. Retail Clerks' International Union et al., [1984] 1 S.C.R. 269; 53 N.R. 203, refd to. [para. 21].

Bibeault et al. v. McCaffrey, Amalgamated Food and Allied Workers Local P-405 et al., [1984] 1 S.C.R. 177; 52 N.R. 241, refd to. [para. 21].

Shalansky v. Board of Governors of the Regina Pasqua Hospital (1982), 15 Sask.R. 253, affd., [1983] 1 S.C.R. 303; 47 N.R. 76; 25 Sask.R. 153; 145 D.L.R.(3d) 413, refd to. [para. 22].

Service Employees International Union Local 333 U.H. v. University Hospital, Saskatoon, Saskatchewan (1986), 46 Sask.R. 19, refd to. [para. 22].

Fraser v. Public Service Staff Relations Board (1986), 63 N.R. 161 (S.C.C.), refd to. [para. 23].

Statutes Noticed:

Trade Union Act, R.S.S. 1978, c. T-17, sect. 2(g) [para. 11]; sect. 2(h) [para. 11]; sect. 5(d), sect. 5(e) [paras. 11-12]; sect. 21 [para. 12]; sect. 32 [para. 11]; sect. 36 [paras. 11, 21-23]; sect. 37 [para. 11].

Provincial Auditor Act, S.S. 1983, c. P-30.01, sect. 3(2) [para. 11]; sect. 8 [para. 11]; sect. 32(2) [para. 11].

Public Service Act, R.S.S. 1978, c. P-42, sect. 2 [para. 11]; sect. 45 [para. 11].

Department of Finance Consequential Amendment Act, S.S. 1983, c. 29, sect. 34 [para. 11].

Counsel:

D.E.W. McIntyre, for the appellant;

G.J.K. Neill, for the Provincial Auditor;

W.R. Pelton, for the Labour Relations Board.

This appeal was heard before Hall, Tallis and Cameron, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered by Tallis, J.A., on July 3, 1986, at Regina, Saskatchewan.