United Food and Commercial Workers, Local 1400 v. Woolworth (F.W.) Co. and McCrea, (1992) 107 Sask.R. 253 (QB)

• Judge: Armstrong, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 14, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 107 Sask.R. 253 (QB)

UFCW v. Woolworth Co. (1992), 107 Sask.R. 253 (QB)

MLB headnote and full text

United Food and Commercial Workers, Local 1400 (applicant) v. F.W. Woolworth Co. Ltd., operating under the business name of Woolco and Robert McCrea (respondents)

(1992 Q.B.M. No. 673)

Indexed As: United Food and Commercial Workers, Local 1400 v. Woolworth (F.W.) Co. and McCrea

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Armstrong, J.

December 14, 1992.

Summary:

A union sought certification as the bar­gaining agent for employees of a Woolco Store. The Saskatchewan Labour Relations Board held that Woolco had engaged in unfair labour practices and ordered Woolco to refrain from discussing the representation issue with employees until the certification issue was disposed of. Woolco sent a letter to all employees. The letter clearly stated, by implication and innuendo, that Woolco opposed the union and that the employees need not be unionized. The union applied for, inter alia, Woolco to be held in con­tempt for disobeying the order.

The Saskatchewan Court of Queen's Bench, in a judgment reported 106 S.R. 1, found Woolco guilty of contempt. The issue of punishment was deferred.

The Saskatchewan Court of Queen's Bench fined Woolco $50,000 and imposed costs.

Contempt - Topic 3315

Punishment - Fines - A union sought certification as the bargaining agent for employees of a Woolco Store - The Saskatchewan Labour Relations Board held that Woolco had engaged in unfair labour practices and ordered Woolco to refrain from discussing the representation issue with employees until the certification issue was disposed of - Woolco sent a letter to all employees - The letter clearly stated, by implication and innuendo, that Woolco opposed the union and that the employees need not be unionized - The Saskatchewan Court of Queen's Bench found Woolco guilty of contempt and fined it $50,000, stating that the fine must be large enough to be noticed and taken seriously by the company.

Contempt - Topic 3317

Punishment - Remedies against corpo­rations - [See Contempt - Topic 3315 ].

Cases Noticed:

Simpson Timber Co. (Saskatchewan) Ltd. v. Bonville and International Wood­workers of America, AFL-CLO-CLC, Local 1-184, [1986] 5 W.W.R. 180; 49 Sask.R. 105 (Q.B.), dist. [para. 3].

Mileage Conferance Group of the Tyre Manufacturers' Conference's Agreement, Re, [1966] 2 All E.R. 849; [1966] 1 W.L.R. 1137; 110 Sol. Jo. 483; L.R. 6 R.P. 49 (R.P. Ct.), appld. [para. 7].

Statutes Noticed:

Rules of Court (Sask.), Queen's Bench Rules, rule 8(2) [para. 13].

Trade Union Act, R.S.S. 1978, c. T-17, sect. 13 [para. 4]; sect. 18 [para. 10].

Counsel:

D.S. Plaxton, for the applicant;

B.J. Kenny, for the respondents;

W.R. Pelton (Watching Brief), for the Saskatchewan Labour Relations Board.

This matter was heard at Regina, Saskatchewan, before Armstrong, J., of the Saskatchewan Court of Queen's Bench, who delivered the following decision on Decem­ber 14, 1992: