United Steelworkers of America, Local 5220 v. AltaSteel Ltd. et al., (1998) 220 A.R. 152 (QB)

• Judge: Belzil, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 01, 1998
• Citations: (1998), 220 A.R. 152 (QB)

USWA v. AltaSteel Ltd. (1998), 220 A.R. 152 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. AP.045

In The Matter Of the Labour Relations Code, S.A. 1988, c. L-1.2 as amended;

And In The Matter Of a Collective Agreement Between United Steelworkers of America, Local 5220 and AltaSteel Ltd.;

And In the Matter Of an Award Issued by the Mutually Agreeable Independent Accredited Auditing Firm of Rosenwig Carere McRae;

United Steelworkers of America, Local 5220 (applicant) v. AltaSteel Ltd. and A.F. Shipton (respondents)

(Action No. 9703-18478)

Indexed As: United Steelworkers of America, Local 5220 v. AltaSteel Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Belzil, J.

April 1, 1998.

Summary:

A collective agreement provided for an income sharing plan with payments based on the employer's financial performance. The parties were to appoint an independent audi­tor to calculate the payments. An auditor appointed by the parties issued reports re­specting the quarterly payments for 1995. The auditor subsequently sent a letter, in the form of an "award", instructing the employer to calculate the payments by eliminating the amount of any income sharing payment from the quarterly period cost and to pay any resultant shortfall. The "award" was filed with the court pursuant to s. 144(1) of the Labour Relations Code as an arbitrator's award. The employer refused to comply. The union applied for an order declaring the employer to be in breach of the arbitrator's award and directing the employer to comply.

The Alberta Court of Queen's Bench dismissed the application. The auditor was not an arbitrator and there was no "award" to enforce.

Arbitration - Topic 3506

The arbitrator - Consensual arbitrator defined - [See Arbitration - Topic 5688 ].

Arbitration - Topic 5566

The award - Arriving at an award - What constitutes an award or a decision of an arbitrator - [See Arbitration - Topic 5688 ].

Arbitration - Topic 5688

The award - Enforcement of award - By entry as a judgment - When available - A collective agreement provided for an income sharing plan with payments based on the employer's financial performance - The parties were to appoint an independent auditor to calculate the payments - An auditor appointed by the parties issued reports respecting the quarterly payments for 1995 - The auditor subsequently sent a letter, in the form of an "award", instruct­ing the employer to calculate the payments by eliminating the amount of any income sharing payment from the quarterly period cost and to pay any resultant shortfall - The "award" was filed with the court pursuant to s. 144(1) of the Labour Rela­tions Code as an arbitrator's award and the union applied for an order directing the employer to comply - The union argued that the collective agreement made the auditor an arbitrator and any decision of the auditor would be an arbitrator's award - The Alberta Court of Queen's Bench dismissed the union's application - The auditor was not an arbitrator and there was no "award" to enforce.

Labour Law - Topic 7040

Industrial relations - Collective agreement -Enforcement - Arbitration - Appointment of arbitrator - [See Arbitration - Topic 5688 ].

Counsel:

David T. Williams (Chivers Greckol & Kanee), for the applicant;

D. Sean Day (Ackroyd, Piasta, Roth & Day), for the respondents.

This application was heard before Belzil, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on April 1, 1998.