Calgary Regional Health Authority v. United Nurses of Alberta, Local 115, (2000) 274 A.R. 343 (QB)

• Judge: Brooker, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 15, 2000
• Citations: (2000), 274 A.R. 343 (QB)

Reg. Health Authority v. United Nurses (2000), 274 A.R. 343 (QB)

MLB headnote and full text

Temp. Cite: [2000] A.R. TBEd. OC.025

In The Matter Of the Labour Relations Code, S.A. 1988, c. L-1.2, as amended and Part 56.1 of the Alberta Rules of Court pertaining to judicial review in civil matters;

And In The Matter Of a decision of the majority of the arbitration board, consisting of the Chairman, Glen E. Power and nominees, Mark Cowan and Sheila Hunter, dated the 25th day of January 1999.

Calgary Regional Health Authority (applicant) v. United Nurses of Alberta, Local No. 115 (respondent)

(Action No. 9901-02419)

Indexed As: Calgary Regional Health Authority v. United Nurses of Alberta, Local 115

Alberta Court of Queen's Bench

Judicial District of Calgary

Brooker, J.

September 15, 2000.

Summary:

An arbitration board held that an employer had breached a collective agreement by agreeing with a number of part time employees to modify their regular hours of work. The employer applied for judicial review, seeking to have the decision set aside on the basis that the board altered the collective agreement and committed juris­dictional error.

The Alberta Court of Queen's Bench dis­missed the application.

Labour Law - Topic 9585

Public service labour relations - Collective agreement - Terms and conditions of em­ployment - Seniority clauses - An arbitration board held that the full time equivalent (FTE) of a part-time nursing position was one of its defining features - Thus, when an employer, with an employ­ee's consent, altered the employees' FTE to such a degree that it created a fundamental change in the nature of the employee's position, the employer ef­fectively caused a constructive position elimination - Accordingly, the employer was obliged to post and fill the new position in accord­ance with the collective agreement's seniority provisions, which it failed to do - The employer applied for judicial review - The Alberta Court of Queen's Bench dismissed the application.

Labour Law - Topic 9591

Public service labour relations - Collective agreement - Hours of work - [See Labour Law - Topic 9585 ].

Labour Law - Topic 9626

Public service labour relations - Collective agreement - Management rights - Cre­ation and elimination of positions - [See Labour Law - Topic 9585 ].

Cases Noticed:

Maritime Telegraph and Telephone Co. v. Atlantic Communication and Technical Workers' Union and Veniot (1994), 136 N.S.R.(2d) 364; 388 A.P.R. 364; 119 D.L.R.(4th) 634 (C.A.), refd to. [para. 11].

Alberta Teachers' Association v. Hawco et al. (1996), 191 A.R. 207 (Q.B.), refd to. [para. 11].

Alberta Teacher's Association v. Calgary School District No. 19 - see Alberta Teachers' Association v. Hawco et al.

Hamilton (City) v. Canadian Union of Public Employees, Local 167 et al. (1997), 99 O.A.C. 155 (C.A.), refd to. [para. 11].

Canada (Attorney General) v. Hester, [1997] 2 F.C. 706; 126 F.T.R. 308 (T.D.), refd to. [para. 11].

Service Employees' International Union, Local 333 v. Nipawin District Staff Nurses' Association et al., [1975] 1 S.C.R. 382; [1974] 1 W.W.R. 653, refd to. [para. 17].

Maplewood Nursing Home Ltd. Tilsonburg (Maple Manor) and London and District Service Workers Union, Local 220, Re (1989), 9 L.A.C.(4th) 115 (Ont.), refd to. [para. 22].

Edmonton (City) v. International Brother­hood of Electrical Workers, Local 1007 (1987), 30 L.A.C.(3d) 353 (Alta.), affd. (1988), 87 A.R. 302 (Q.B.), refd to. [para. 22].

Canada Safeway Ltd. v. Retail, Wholesale and Department Store Union, Local 454 and Hardy (1998), 226 N.R. 319; 168 Sask.R. 104; 173 W.A.C. 104; 160 D.L.R.(4th) 1 (S.C.C.), refd to. [para. 24].

Paccar of Canada Ltd. v. Canadian Asso­ciation of Industrial, Mechanical and Allied Workers, Local 14, [1989] 2 S.C.R. 983; 102 N.R. 1; 62 D.L.R.(4th) 437, refd to. [para. 25].

Canada (Attorney General) v. Public Ser­vice Alliance of Canada, [1993] 1 S.C.R. 941; 150 N.R. 161; 101 D.L.R.(4th) 673; 93 C.L.L.C. 14,022, refd to. [para. 26].

Counsel:

William J. Armstrong, for the applicant;

Sheila J. Greckol, for the respondent.

This application was heard by Brooker, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following decision on September 15, 2000.