Saskatchewan Government Employees' Union v. Saskatchewan et al., (1990) 91 Sask.R. 14 (CA)

• Judge: Vancise, Wakeling and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 13, 1990
• Jurisdiction: Saskatchewan
• Citations: (1990), 91 Sask.R. 14 (CA)

SGEU v. Sask. (1990), 91 Sask.R. 14 (CA)

MLB headnote and full text

Saskatchewan Government Employees' Union (appellant/applicant) v. The Government of Saskatchewan and The Labour Relations Board of Saskatchewan (respondents)

(No. 554)

Indexed As: Saskatchewan Government Employees' Union v. Saskatchewan et al.

Saskatchewan Court of Appeal

Vancise, Wakeling and Sherstobitoff, JJ.A.

December 4, 1990.

Summary:

Certain provincial government employees failed to participate in their union's rotating strikes. The union fined these members pursuant to s. 36(4) of the Trade Union Act 1983. When these fines were not paid vol­untarily by the employees, the union sought to collect them as deductions from the offending employees' wages pursuant to s. 32(1) of the Act. The government failed to make the deductions. The union filed an unfair labour practice charge against the province.

The Saskatchewan Labour Relations Board dismissed the charge and held that no unfair

labour practice had occurred. The union applied for judicial review to quash the Board's decision.

The Saskatchewan Court of Appeal dis­missed the application.

Labour Law - Topic 603

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - Acting in excess of jurisdiction - The Labour Relations Board (Sask.) heard an issue which was within its jurisdiction and then interpreted its own constituent legislation in order to render judgment on the issue which the parties before it were seeking - The Saskatchewan Court of Appeal held that when the Board performed this func­tion it was acting within its jurisdiction - Thus the Board's decision, not being a jurisdic­tional issue, should only be over­turned if it was patently unreasonable - See paragraphs 11 to 12.

Labour Law - Topic 3641

Unions - Unfair labour practices - Judicial review - General - The Labour Relations Board (Sask.) was called upon by the union and employer to determine whether an unfair labour practice had occurred - The Board was thus required to interpret s. 32(1) of the Trade Union Act - The Board held that s. 32(1), which authorized the mandatory deduction of union dues, assessment and initiation fees from an employee's wages, did not include union fines - The Saskatchewan Court of Appeal held that the Board's decision was not patently unreasonable and thus not reviewable by the court - See paragraphs 8 to 12.

Labour Law - Topic 9646

Public service labour relations - Collective agreement - Union rights - Compulsory checkoff of union dues - [See Labour Law - Topic 3641 ].

Cases Noticed:

C.U.P.E. 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. 7].

Provincial Auditor v. Saskatchewan Gov­ernment Employees' Union and Labour Relations Board (Sask.), [1987] 1 W.W.R. 193; 49 Sask.R. 163, refd to. [para. 7].

Statutes Noticed:

Trade Union Act, R.S.S. 1978, c. T-17, sect. 32(1) [paras. 3-6, 9]; sect. 36(4) [para. 2].

Counsel:

R.A. Engel, for the appellant;

B.J. Hornsberger, for the respondent (Gov't of Sask.);

W.R. Pelton, for the respondent (Labour Relations Board).

This application was heard before Vancise, Wakeling and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal on November 13, 1990, when the decision of the Court of Appeal was delivered orally by Wakeling, J.A. The written reasons of Wakeling, J.A., were transcribed on December 4, 1990.