Yorkton (City) v. Yorkton Professional Firefighters Association, Local 1527 et al., 2001 SKCA 128

• Judge: Cameron, Sherstobitoff and Lane, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: October 15, 2001
• Jurisdiction: Saskatchewan
• Citations: 2001 SKCA 128;(2001), 213 Sask.R. 161 (CA)

Yorkton v. PFFA (2001), 213 Sask.R. 161 (CA);

    260 W.A.C. 161

MLB headnote and full text

Temp. Cite: [2001] Sask.R. TBEd. DE.003

Yorkton Professional Fire Fighters Association, Local 1527 (appellant) v. The City of Yorkton (respondent)

(No. 209; 2001 SKCA 128)

Indexed As: Yorkton (City) v. Yorkton Professional Firefighters Association, Local 1527 et al.

Saskatchewan Court of Appeal

Cameron, Sherstobitoff and Lane, JJ.A.

October 15, 2001.

Summary:

The collective bargaining agreement between a union representing firefighters and a city expired and negotiations had failed to create a new agreement. The union sought arbitration under the Fire Departments Platoon Act (Sask.) and nominated Ritchie as its representative. The city objected to Ritchie's nomination on the basis of bias.

The Saskatchewan Court of Queen's Bench, in a decision reported 201 Sask.R. 248, agreed that there was an apprehension of bias and granted an order prohibiting the Board to which Ritchie was nominated from proceeding with the arbitration between the parties under the Act. The union appealed.

The Saskatchewan Court of Appeal allowed the appeal, set aside the order below and remitted the city's application to the Court of Queen's Bench for further consideration.

Arbitration - Topic 3544

The arbitrator - Appointment - Disqualification for bias - The collective bargaining agreement between a firefighters' union and a city expired - Negotiations failed - The union sought arbitration under the Fire Departments Platoon Act (Sask.) and nominated Ritchie, district vice-president of the International Association of Firefighters (IAFF), as its representative - The union was affiliated with the IAFF - Ritchie was the senior elected officer in the district which included the union - The city objected to Ritchie's nomination because of bias and argued that Ritchie could not appropriately swear as to his impartiality (Act, s. 9(8)) - The applications judge agreed that there was an apprehension of bias and prohibited the Board to which Ritchie was nominated from proceeding with the arbitration - The Saskatchewan Court of Appeal allowed the union's appeal - Given the standard of impartiality contemplated by the Act, there was no appearance of bias - See paragraphs 45 and 46.

Arbitration - Topic 3544

The arbitrator - Appointment - Disqualification for bias - The collective bargaining agreement between a firefighters' union and a city expired - Negotiations failed - The union sought arbitration under the Fire Departments Platoon Act (Sask.) - Section 9 contemplated a tripartite arbitration board - In the first stage of the arbitration process, the parties each nominated a representative and they agreed upon a third member - In the second stage, the nominees then assumed their duties as arbitrators to hear the parties and determine the dispute - The Saskatchewan Court of Appeal reviewed the standard of impartiality required of the parties' nominees under s. 9 of the Act - The court concluded that the representative members were expected to be partial at the first stage of the arbitration process - They were not expected to be wholly impartial at the second stage provided they were able, in good faith, to bring informed, mature, and responsible judgment to bear on the matters in controversy - See paragraphs 18 to 43.

Arbitration - Topic 3547

The arbitrator - Appointment - Disqualification for partiality - [See both Arbitration - Topic 3544 ].

Labour Law - Topic 7040

Industrial Relations - Collective agreement - Enforcement - Arbitration - General - Appointment of arbitrator (incl. bias) - [See both Arbitration - Topic 3544 ].

Cases Noticed:

Gypsumville District Teachers' Association No. 1612 of the Manitoba Teachers' Society v. Consolidated School District of Gypsumville No. 2461, [1979] 5 W.W.R. 600 (Q.B.), affd. (1979), 1 Man.R.(2d) 93; 103 D.L.R.(3d) 673 (C.A.), affd. [1980] 2 S.C.R. 179; 33 N.R. 441, refd to. [paras. 12, 49].

Syndicat des employés de production du Québec et de l'Acadie v. Commission canadienne des droits de la personne et al., [1989] 2 S.C.R. 879; 100 N.R. 241, refd to. [para. 14].

Old St. Boniface Residents Association Inc. v. Winnipeg (City) et al., [1990] 3 S.C.R. 1170; 116 N.R. 46; 69 Man.R.(2d) 134, refd to. [para. 15].

Newfoundland Telephone Co. v. Board of Commissioners of Public Utilities (Nfld.), [1992] 1 S.C.R. 623; 134 N.R. 241; 95 Nfld. & P.E.I.R. 271; 301 A.P.R. 271, refd to. [para. 15].

R. v. R.D.S., [1997] 3 S.C.R. 484; 218 N.R. 1; 161 N.S.R.(2d) 241; 477 A.P.R. 241, refd to. [para. 15].

General Truck Drivers Union, Local 938 et al. v. Hoar Transport Co., [1969] S.C.R. 634, refd to. [para. 23].

Morris v. Beardmore, [1981] A.C. 446, refd to. [para. 34].

Regina v. Relations Board (Ont.); Ex Parte Hall (1963), 39 D.L.R.(2d) 113 (Ont. C.A.), dist. [para. 53].

Simmons v. Manitoba (1981), 13 Man.R.(2d) 55; 129 D.L.R.(3d) 694 (C.A.), dist. [para. 53].

United Nurses of Alberta, Local 115 v. Foothills Provincial General Hospital Board (1986), 69 A.R. 27; 27 D.L.R.(4th) 665 (C.A.), dist. [para. 53].

Black & McDonald Ltd. v. British Columbia Construction Labour Relations Association, [1986] 4 W.W.R. 223 (B.C.C.A.), refd to. [para. 53].

Statutes Noticed:

Fire Departments Platoon Act, R.S.S. 1978, c. F-14, sect. 9(5), sect. 9(6), sect. 9(7) [para. 20]; sect. 9(8) [para. 27].

Authors and Works Noticed:

Arthurs, H.W., The Three Faces of Justice-Bias in the Tripartite Tribunal (1963), 28 Sask. Bar Rev. 147, generally [para. 37].

Kuttner, Thomas, Is the Doctrine of Bias Compatible with the Tri-Partite Labour Tribunal?, 19 Admin. L.R. 81, generally [para. 37, footnote 1].

Counsel:

Angela Zborosky, for the appellant;

Randy Kachur, for the respondent.

This appeal was heard and decided on October 15, 2001, by Cameron, Sherstobitoff and Lane, JJ.A., of the Saskatchewan Court of Appeal. The following written reasons were released on November 29, 2001, by Cameron, J.A.