St. Michael's General Hospital and Health Sciences Association of Alberta, Re, (1979) 23 A.R. 1 (QB)

• Judge: Waite, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 03, 1979
• Citations: (1979), 23 A.R. 1 (QB)

St. Michael's Hospital, Re (1979), 23 A.R. 1 (QB)

MLB headnote and full text

Re St. Michael's General Hospital and Health Sciences Association of Alberta

(146846)

Indexed As: St. Michael's General Hospital and Health Sciences Association of Alberta, Re

Alberta Court of Queen's Bench

Judicial District of Calgary

Waite, J.

October 3, 1979.

Summary:

This headnote contains no summary.

Labour Law - Topic 600

Labour relations boards - Judicial review - Jurisdiction - Provincial boards - General - Alberta Board of Industrial Relations - The Alberta Court of Queen's Bench held that the Board of Industrial Relations was subject to judicial review by way of certiorari for excess of jurisdiction and for error of law on the face of the record - See paragraphs 6 and 18 - The Court of Queen's Bench quashed a certification order by the Board, where the Board in error ruled that the employees covered by the certification order were eligible for membership in the union seeking certification.

Labour Law - Topic 4103

Unions - Certification - Membership in good standing - Membership - What constitutes - The Alberta Court of Queen's Bench quashed a certification order by the Board of Industrial Relations, where the Board in error ruled that the union's constitution permitted the employees covered by the certification order to be members of the union.

Cases Noticed:

Uncle Ben's Tartan Breweries of Alberta Ltd. v. The Board of Industrial Relations of the Province of Alberta and International Union of United Brewery Flour, Cereal, Soft Drink and Distillery Workers of America, Local Union 250 (1974), 44 D.L.R. (3d) 614, appld. [para. 6].

Statutes Noticed:

Labour Act, S.A. 1973, c. 33, sect. 50(1), sect. 51 [para. 6]; sect. 72(2)(a) [para. 18].

Counsel:

D.A. Stewart, for the applicant;

R.A. Philp, for the respondents.

This case was heard at Calgary, Alberta, before WAITE, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on October 3, 1979: