University of Regina v. Canadian Union of Public Employees, Local 1975 and Labour Relations Board (Sask.), (1979) 4 Sask.R. 1 (CA)

• Judge: Brownridge, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 20, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 4 Sask.R. 1 (CA)

Regina Univ. v. CUPE (1979), 4 Sask.R. 1 (CA)

MLB headnote and full text

University of Regina v. Canadian Union of Public Employees Local 1975 and Saskatchewan Labour Relations Board

(No. 6985)

Indexed As: University of Regina v. Canadian Union of Public Employees, Local 1975 and Labour Relations Board (Sask.)

Saskatchewan Court of Appeal

Brownridge, Hall and Bayda, JJ.A.

June 20, 1979.

Summary:

This headnote contains no summary.

Labour Law - Topic 580

Labour relations board - Judicial review - Judicial review of board's inclusion of employees in bargaining unit - The University of Regina applied for a judicial review of an order of the Saskatchewan Labour Relations Board which included student research assistants in a bargaining unit of employees of the university - The university alleged that the board erred in finding that the student research assistants were employees of the university - The Saskatchewan Court of Appeal dismissed the application on the ground that such findings were not open to judicial review by virtue of s. 21 of the Trade Union Act (a privative clause).

Cases Noticed:

Prince Albert School Unit No. 56 v. National Union of Public Employees Local No. 832 (1962), 39 W.W.R. 314, refd to. [paras. 8, 27].

Service Employees' International Union, Local No. 333 v. Nipawin District Staff Nurses Association et al., [1975] 1 S.C.R. 382, refd to. [para. 9].

Labour Relations Board et al. v. Traders' Service Ltd., [1958] S.C.R. 672, refd to. [para. 26].

Statutes Noticed:

Trade Union Act, S.S. 1972, c. 137, sect. 2 [para. 23]; sect. 5, sect. 21 [para. 7].

Counsel:

Thomas C. Wakeling, Q.C., for the applicant;

W.N. Lawton, Q.C., for the respondent, Labour Relations Board;

T. Zarzeczny, for the respondent, Canadian Union of Public Employees Local 1975.

This appeal was heard by BROWNRIDGE, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered at Regina, Saskatchewan, on June 20, 1979 and the following opinions were filed:

HALL, J.A. - see paragraphs 1 to 14;

BAYDA, J.A. - see paragraphs 15 to 29.

BROWNRIDGE, J.A., concurred with HALL, J.A.