Sollars v. Canadian Union of Public Employees, Local 1832 et al., (1984) 32 Sask.R. 188 (CA)

• Judge: Bayda, C.J.S., Brownridge and MacDonald, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 06, 1984
• Jurisdiction: Saskatchewan
• Citations: (1984), 32 Sask.R. 188 (CA);1984 CanLII 2585 (SK CA);9 DLR (4th) 145;[1984] 4 WWR 44;14 Admin LR 53;32 Sask R 188

Sollars v. CUPE (1984), 32 Sask.R. 188 (CA)

MLB headnote and full text

Sollars v. Canadian Union of Public Employees, Local 1832, and Saskatchewan Labour Relations Board

(No. 8134)

Indexed As: Sollars v. Canadian Union of Public Employees, Local 1832 et al.

Saskatchewan Court of Appeal

Bayda, C.J.S., Brownridge and MacDonald, JJ.A.

April 6, 1984.

Summary:

A partnership of medical doctors was dissolved. Many of the former partners continued their practices as individuals and employed the former partnership employees. The former partners, including Sollars, refused to bargain collectively with representatives of the trade union certified to represent a majority of the employees. The Saskatchewan Labour Relations Board held that the former partners engaged in an unfair labour practice within the meaning of ss. 11(1)(c) and 37 of the Trade Union Act. One of the former partners (Adhikari) applied to quash the Board's decision.

The Saskatchewan Court of Queen's Bench, in decision reported in (1983), 24 Sask.R. 225, allowed the application on the ground that the Board made a jurisdictional error. The union appealed.

The Saskatchewan Court of Appeal allowed the appeal and restored the Board's decision. The Court of Appeal held that the Board did not err.

Administrative Law - Topic 549

The hearing and decision - Decisions of the tribunal - Reasons for decisions - Sufficiency of - The Saskatchewan Court of Appeal referred to the principle that boards and tribunals are not required to give written reasons on each constituent element leading to their final decision - See paragraph 8.

Labour Law - Topic 600

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - General - The Saskatchewan Court of Appeal set out the test to apply on a judicial review of provincial labour relations board decisions - See paragraph 11.

Labour Law - Topic 600

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - General - The Saskatchewan Labour Relations Board was called to hear an allegation of unfair labour practice, i.e. that an employer refused to bargain collectively with his employees' union - In determining the issue the Board had to interpret s. 37 of the Trade Union Act (respecting successor rights) - The employer argued that this interpretation was a collateral or preliminary matter, which, on judicial review, could be overturned if incorrect - The Saskatchewan Court of Appeal held that the interpretation issue lay at the heart of the Board's jurisdiction and could only be overturned if "patently unreasonable" - See paragraphs 12 to 16.

Labour Law - Topic 603

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - Acting in excess of jurisdiction - The Saskatchewan Labour Relations Board heard an allegation of unfair labour practice - The Board failed to make a specific finding that the respondent was an "employer" or "employer's agent" within the meaning of s. 2(g) of the Trade Union Act, or employed a certain number of employees - The Saskatchewan Court of Appeal held that the Board's failure did not constitute a jurisdictional error, especially where evidence of employment contracts existed - The court stated that the Board was not required to give written findings on each element leading to its final conclusion - See paragraphs 7 to 9.

Labour Law - Topic 603

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - Acting in excess of jurisdiction - S. 37 of the Trade Union Act stated that where a business is disposed of, the buyer is bound by existing labour relations board decisions - A partnership bound by a certification order dissolved; former partners purchased its assets, hired its employees and conducted business as before - The former partners refused to bargain collectively with the employees' union - The Saskatchewan Labour Relations Board held that the former partners breached s. 37 and committed an unfair labour practice - The Saskatchewan Court of Appeal held that the Board made no jurisdictional error - See paragraphs 17 to 20.

Labour Law - Topic 3553

Unions - Unfair labour practices - By employer - Refusal to bargain collectively - Individual members of a dissolved partnership purchased many of its assets, hired many of the same employees, and continued business as before - The members refused to bargain collectively with the union certified as the employees' representative - The Saskatchewan Court of Appeal affirmed a Labour Relations Board decision that the members committed an unfair labour practice by refusing to be bound by the existing certification order - See paragraph 21.

Labour Law - Topic 4908

Unions - Successor rights - Sale, lease, transfer or disposition of a business - S. 37 of the Trade Union Act stated that where a business or a part thereof is, inter alia, disposed of, the buyer is bound by existing labour relations board orders - A partnership already bound by a certification order dissolved and many of its assets were sold to former partners, who hired many of the same employees and continued business - The Saskatchewan Court of Appeal affirmed a Labour Relations Board decision that the partnership was a "business" which was "disposed of" - See paragraphs 17 to 20.

Words and Phrases

Business - The Saskatchewan Labour Relations Board held that the word "business" in s. 37 of the Trade Union Act, R.S.S. 1978, c. T-17, included the provision of medical and ancillary services by doctors in a partnership and their employees - The Saskatchewan Court of Appeal affirmed the Board's finding as reasonable - See paragraph 17.

Words and Phrases

Otherwise disposed of - The Saskatchewan Labour Relations Board held that the phrase "otherwise disposed of" in s. 37 of the Trade Union Act, R.S.S. 1978, c. T-17, included disposition of a business through partnership dissolution - The Saskatchewan Court of Appeal affirmed the Board's finding as reasonable - See paragraph 18.

Cases Noticed:

Service Employees' International Union, Local No. 333 v. Nipawin District Staff Nurses Association, et al., [1975] 1 S.C.R. 382, appld. [para. 6].

University of Regina v. Canadian Union of Public Employees Local 1975, et al., [1979] 5 W.W.R. 744; 4 Sask.R. 1, refd to. [para. 9].

University of Saskatchewan v. Canadian Union of Public Employees Local 1975, et al. (1978), 22 N.R. 314, refd to. [para. 9].

Canadian Union of Public Employees Local 963 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, appld. [para. 11].

Parkhill Furniture & Bedding Limited v. International Molders and Foundry Workers Union, Local 174, et al. (1961), 34 W.W.R.(N.S.) 13 (Man. C.A.), dist. [para. 12].

Galloway Lumber Co. Ltd., et al. v. International Woodworkers of America Local No. 1-405, [1965] S.C.R. 222, refd to. [para. 15].

McLeod v. Egan, [1975] 1 S.C.R. 517, refd to. [para. 15].

Re Hughes Boat Works Inc. and International Union, United Automobile, Aerospace, Agricultural & Implement Workers of America (UAW), Local 1620 et al. (1980), 102 D.L.R.(3d) 661 (Ont. Div. Ct.), refd to. [para. 16].

R. ex rel. Jubilee Ford Sales Ltd. v. L.R.B. (Saskatchewan) and United Brotherhood of Carpenters and Joiners of America, Local 1021, [1970] C.L.L.C. 14,005 (Sask. C.A.), refd to. [para. 16].

Statutes Noticed:

Trade Union Act, R.S.S. 1978, c. T-17, sect. 2(g) [paras. 3, 7-9]; sect. 5(d), sect. 5(e) [paras. 3, 6]; sect. 11(1)(c) [paras. 3, 6]; sect. 21 [para. 3]; sect. 37 [paras. 3, 10, 15-20].

Counsel:

R.W. Mitchell, for the appellant;

T.C. Wakeling, Q.C., and P.J. Gallet, for the respondent, Sollars;

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

This appeal was heard before Bayda, C.J.S., Brownridge and MacDonald, JJ.A., of the Saskatchewan Court of Appeal, whose decision was delivered by Bayda, C.J.S., at Regina, Saskatchewan, on April 6, 1984.