Seven Oaks Teachers Association of the Manitoba Teachers' Society v. Seven Oaks School Division No. 10, (1980) 6 Man.R.(2d) 153 (CoCt)

CourtProvincial Court of Manitoba (Canada)
Case DateJune 27, 1980
JurisdictionManitoba
Citations(1980), 6 Man.R.(2d) 153 (CoCt)

Teachers Soc. v. Seven Oaks Sch. (1980), 6 Man.R.(2d) 153 (CoCt)

MLB headnote and full text

Seven Oaks Teachers' Association No. 10 of The Manitoba Teachers' Society v. Seven Oaks School Division No. 10

Indexed As: Seven Oaks Teachers Association of the Manitoba Teachers' Society v. Seven Oaks School Division No. 10

Manitoba County Court

Thompson, C.C.J.

June 27, 1980.

Summary:

This headnote contains no summary.

Labour Law - Topic 6365

Industrial relations - Collective agreements - Negotiation - Prohibition against changing terms and conditions of employment after notice to bargain - Public Schools Act, R.S.M. 1970, c. P-250, s. 376 - After a union gave notice to bargain for a new collective agreement the employer abolished the position of department head in junior high schools and increased the teaching time of high school teachers - The issues of teaching time and number of department heads were not included in the prior collective agreement - The Manitoba County Court affirmed the dismissal of the union's information against the employer that the employer breached s. 376 by changing terms and conditions of employment after notice to bargain - The County Court held that the changes instituted by the employer did not affect terms or conditions of employment within the meaning of s. 376, because they were not part of the previous collective agreement.

Statutes - Topic 502

Interpretation - General principles - Intention of legislature - The Manitoba County Court stated that, whatever the policy of the legislature, its intention must be gathered from the language it has used - See paragraph 9.

Cases Noticed:

Dauphin-Ochre School Area No. 1 v. Dauphin-Ochre School Division Association No. 33 of Manitoba Teachers' Society et al., [1971] 4 W.W.R. 138, appld. [para. 12].

Statutes Noticed:

Public Schools Act, R.S.M. 1970, c. P-250, sect. 361(1)(e), sect. 373, sect. 374(1), sect. 375, sect. 376, sect. 399 [para. 4].

Authors and Works Noticed:

Craies on Statute Law (6th Ed.), p. 67 [para. 9].

Counsel:

F.D. Allen, for the appellant;

R.B. McNicol, for the respondent.

This case was heard at Winnipeg, Manitoba, before THOMPSON, C.C.J., of the Manitoba County Court, who delivered the following judgment on June 27, 1980:

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