University Hospitals Board v. Alberta Union of Provincial Employees and Alberta Certified Nursing Aide Association, (1977) 2 A.R. 220 (CA)

JudgeClement, Lieberman and Moir, JJ.A.
CourtCourt of Appeal (Alberta)
Case DateJanuary 21, 1977
Citations(1977), 2 A.R. 220 (CA)

Univ. Hospitals Bd. v. AUPE (1977), 2 A.R. 220 (CA)

MLB headnote and full text

University Hospital Board v. Alberta Union of Provincial Employees and Alberta Certified Nursing Aide Association

Indexed As: University Hospitals Board v. Alberta Union of Provincial Employees and Alberta Certified Nursing Aide Association

Alberta Supreme Court

Appellate Division

Clement, Lieberman and Moir, JJ.A.

January 21, 1977.

Summary:

This case arose out of an action by the Alberta Union of Provincial Employees for a determination of its rights under s. 3 of the Crown Agencies Employee Relations Act, R.S.A. 1970, c. 79. S. 3 of the Act provided that the Union was the sole bargaining agent for employees in "a specific field of employment", provided a majority of the employees in the field were members of the Union. At the Union's request the Minister under s. 3(2) of the Act determined that nursing aides at the University Alberta Hospital constituted a specific field of employment. However, the plaintiff Hospital Board had already voluntarily recognized the Alberta Certified Nursing Aide Association as bargaining agent for the nursing aides. The Hospital Board brought an action to determine whether it was required to deal with the Union. The Alberta District Court held that, where the Union did not have a majority of the nursing aides as its members, the Hospital Board could collectively bargain on a voluntary basis outside the Crown Agencies Employee Relations Act with any organization representing the nursing aides. The Union appealed.

The Alberta Court of Appeal dismissed the appeal and affirmed the decision of the District Court. The Court of Appeal stated that the Union would be sole bargaining agent for the nurses aides only where it had a majority of the nursing aides as members.

Labour Law - Topic 9437

Public service labour relations - Certification - Certification of exclusive statutory bargaining agent - Effect of failure to fulfil conditions - The Crown Agencies Employee Relations Act, R.S.A. 1970, c. 79, s. 3, provided that the Alberta Union of Provincial Employees was the sole bargaining agent for employees in "a specific field of employment", provided a majority of employees were members of the Union - The Union claimed that, even if it did not have a majority, no other union could represent the employees in collective bargaining - The Alberta Court of Appeal held that the Union was sole bargaining agent only where it had majority - The Court of Appeal stated that, where the Union did not have a majority, any organization the employees wished could represent them in collective bargaining outside the Crown Agencies Employee Relations Act on a voluntary basis with the employer - See paragraphs 5 to 9.

Labour Law - Topic 9443

Public service labour relations - Certification - Representation vote - Time for representation vote - The Crown Agencies Employee Relations Act, R.S.A. 1970, c. 70, s. 3, provided that the Alberta Union of Provincial Employees was the sole bargaining agent for employees in "a specific field of employment", provided a majority of the employees were members of the Union - In November, 1974, the Union requested the Minister to determine under s. 3(2) that nursing aides at a certain hospital constituted a specific field of employment, which determination the Minister made on January 10, 1975 - Subsequently, the hospital brought an action to determine whether it was required to deal with the Union, where the Union did not have a majority - The Alberta Court of Appeal stated that the time for determining whether the Union had a majority was at the commencement of its action and not on November, 1974 or January 10, 1975 - See paragraphs 4 to 5.

Cases Noticed:

National Union of Public Employees, Local 862 v. Board of Industrial Relations and Governors of University of Alberta (1963), 42 W.W.R.(N.S.) 560, appld. [para. 8].

Statutes Noticed:

Crown Agencies Employee Relations Act, R.S.A. 1970, c. 79, sect. 3 [para. 1].

Labour Act, S.A. 1973, c. 33, sect. 2, sect. 78 [para. 7].

Societies Act, R.S.A. 1970, c. 347 [para. 2].

Counsel:

M. McGowan, for the appellant Association;

W.J. Clarke, for the Hospital Board;

R.F. Roddick, for the A.C.N.A.A.

This case was heard before CLEMENT, LIEBERMAN and MOIR, JJ.A., of the Alberta Supreme Court, Appellate Division.

On January 21, 1977, CLEMENT, J.A., delivered the following judgment of the Appellate Division:

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