United Fishermen and Allied Workers' Union, Re, (1973) 1 N.R. 201 (FCA)

• Judge: Jackett, C.J., Thurlow, J. and Sheppard, D.J.
• Court: Federal Court (Canada)
• Case Date: December 07, 1973
• Jurisdiction: Canada (Federal)
• Citations: (1973), 1 N.R. 201 (FCA)

UFAW, Re (1973), 1 N.R. 201 (FCA)

MLB headnote and full text

Re British Columbia Provincial Council United Fishermen and Allied Workers' Union

Indexed As: United Fishermen and Allied Workers' Union, Re

Federal Court of Canada

Appeal Division

Jackett, C.J., Thurlow, J. and Sheppard, D.J.

December 7, 1973.

Summary:

This case arose out of an application to the Federal Court of Appeal to determine whether the Canada Labour Relations Board had jurisdiction to hear an application for certification by a trade union. The Canada Labour Relations Board at the outset of an application for certification stated that it had jurisdiction to hear the application. Pursuant to s. 28 of the Federal Court Act the parties asked the Federal Court of Appeal to review such a "decision" made by the Canada Labour Relations Board. The Federal Court of Appeal dismissed the application and stated that the ruling made by the Canada Relations Board as to jurisdiction was not a "decision" within the meaning of s. 28 of the Federal Court Act and accordingly was not reviewable by the Federal Court of Appeal under that section - see paragraph 4.

Courts - Topic 4085

Federal Court of Canada - Jurisdiction of Federal Court of Appeal respecting the decisions of boards or tribunals - During an application for certification before the Canada Labour Relations Board the board made a preliminary ruling that it had jurisdiction to hear the certification application - Whether such a ruling was a "decision" reviewable by the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act - The Federal Court of Appeal dismissed an application to review the preliminary ruling made by the Labour Relations Board and stated that such a ruling was not a "decision" within the meaning of s. 28 of the Federal Court Act.

Words and Phrases

Decision - The Federal Court of Appeal discussed the meaning of the word "decision" as found in s. 28(1) of the Federal Court Act.

Statutes Noticed:

Federal Court Act, S.C. 1970-71-72, c. 1, sect. 28(1) [para. 1].

Canada Labour Code, S.C. 1972, c. 18, sect. 122 [para. 7].

Counsel:

G.S. Levey and V. Glasner, for the applicants;

N.D. Mullins, Q.C., for the respondents.

The judgment of the court was delivered by THURLOW, J.