Shea v. UFCW, 2016 NBQB 31

Judge:Morrison, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:September 22, 2015
Jurisdiction:New Brunswick
Citations:2016 NBQB 31;(2016), 445 N.B.R.(2d) 360 (TD)
 
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Shea v. UFCW (2016), 445 N.B.R.(2d) 360 (TD);

    445 R.N.-B.(2e) 360; 1166 A.P.R. 360

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2016] N.B.R.(2d) TBEd. MR.016

Renvoi temp.: [2016] N.B.R.(2d) TBEd. MR.016

Don Shea (applicant) v. United Food and Commerical Workers of Canada, Local 1288P (respondent)

(W/M/5/2015; 2016 NBQB 31; 2016 NBBR 31)

Indexed As: Shea v. United Food and Commercial Workers of Canada, Local 1288P

Répertorié: Shea v. United Food and Commercial Workers of Canada, Local 1288P

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Woodstock

Morrison, J.

February 1, 2016.

Summary:

Résumé:

The applicant was an employee of Covered Bridge Potato Chip Co. The applicant applied for a declaration under s. 23(1) of the Industrial Relations Act that the United Food and Commercial Workers of Canada, Local 1288P (union) no longer represented the employees in the bargaining unit. The New Brunswick Labour and Employment Board dismissed the application. The applicant applied for judicial review.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application.

Labour Law - Topic 5261

Unions - Decertification - List of union membership (incl. statements of desire) - The applicant was a supervisor at Covered Bridge Potato Chip Co. and member of the bargaining unit - The applicant applied for a declaration (Industrial Relations Act (s. 23(1)), that the union no longer represented the employees in the bargaining unit - The New Brunswick Labour and Employment Board concluded that the applicant failed to persuade it that the statements of desire filed in support of the application represented the voluntary will of the bargaining unit employees - Therefore, the decertification application was denied - The applicant applied for judicial review, claiming that the Board's decision was unreasonable - The New Brunswick Court of Queen's Bench, Trial Division, considering the decision as a whole using a holistic approach, held that the decision met the standard of reasonableness - The application was dismissed.

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 7].

Irving Pulp & Paper Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30, [2013] 2 S.C.R. 458; 445 N.R. 1; 404 N.B.R.(2d) 1; 1048 A.P.R. 1; 2013 SCC 34, refd to. [para. 8].

Fortis Properties Corp. et al. v. United Steelworkers of America, Local 1-306 et al. (2007), 312 N.B.R.(2d) 224; 806 A.P.R. 224; 2007 NBCA 16, refd to. [para. 12].

Landry, Re, [2000] N.B.L.E.B.D. No. 60, refd to. [para. 12].

Unionized Employees of Tenaquip v. Teamsters Local Union 419, [1997] O.L.R.D. No. 2671, refd to. [para. 12].

Counsel:

Avocats:

Melissa M. Everett Withers, for the applicant;

Judith Begley, for the respondent.

This application was heard on September 22, 2015, before Morrison, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Woodstock, who delivered the following decision on February 1, 2016.

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