Syndicat general du Cinema et de la Television (S.G.C.T.) v. National Film Board and Public Service Staff Relations Board, (1977) 16 N.R. 387 (FCA)

• Judge: Pratte and Le Dain, JJ. and Hyde, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: May 27, 1977
• Jurisdiction: Canada (Federal)
• Citations: (1977), 16 N.R. 387 (FCA)

SGCT v. Nat. Film Bd. (1977), 16 N.R. 387 (FCA)

MLB headnote and full text

Syndicat General du Cinema et de La Television (S.G.C.T.) v. National Film Board and Public Service Staff Relations Board

Indexed As: Syndicat general du Cinema et de la Television (S.G.C.T.) v. National Film Board and Public Service Staff Relations Board

Federal Court of Appeal

Pratte and Le Dain, JJ. and Hyde, D.J.

May 27, 1977.

Summary:

This headnote contains no summary.

Labour Law - Topic 9422

Public service labour relations - Certification of a bargaining agent - Whether persons in the proposed bargaining unit were employees for purposes of the Public Service Staff Relations Act - The persons in question were engaged under authority of section 10(1) of the National Film Act which authorized the entering into of "contracts for personal services" - The Public Service Staff Relations Board dismissed an application for certification by a group of persons engaged under section 10(1) - The Public Service Staff Relations Board stated that such persons were not employees because they did not occupy a "position" in the Public Service - The Federal Court of Appeal set aside the board's decision - The Federal Court of Appeal stated that a "position" may refer to an authority to employ and that the Board should have determined whether the persons engaged were employees apart from any consideration of "position".

Words and Phrases

Position - The Federal Court of Appeal discussed the meaning of the word "position" as found in the Public Service Employment Act, R.S.C. 1970, c. P-35, and the National Film Act, R.S.C. 1970, c. N-7.

Cases Noticed:

Brown v. Public Service Commission, [1975] F.C. 345; 9 N.R. 493, folld. [para. 11].

Statutes Noticed:

Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 2 [para. 4].

National Film Act, R.S.C. 1970, c. N-7, sect. s. 10(1), sect. 13, sect. 14 [para. 5].

Counsel:

M. Frieheit, for the applicant;

W.L. Nisbet, for the employer;

No one appearing for the Board.

This appeal was heard by PRATTE and LE DAIN, JJ. and HYDE, D.J. at Montreal, Quebec on April 21, 1977.

The judgment of the Federal Court of Appeal was delivered by LE DAIN, J. on May 27, 1977.