Yukon v. Public Service Alliance of Canada et al., 2015 YKCA 11

• Judge: Frankel, Tysoe and Willcock, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 12, 2015
• Jurisdiction: Yukon
• Citations: 2015 YKCA 11;(2015), 372 B.C.A.C. 174 (YukCA)

Yukon v. PSAC (2015), 372 B.C.A.C. 174 (YukCA);

    640 W.A.C. 174

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. JN.001

Government of Yukon (respondent/petitioner) v. Public Service Alliance of Canada and Yukon Employees' Union (appellants/respondents)

(13-YU744; 2015 YKCA 11)

Indexed As: Yukon v. Public Service Alliance of Canada et al.

Yukon Court of Appeal

Frankel, Tysoe and Willcock, JJ.A.

May 14, 2015.

Summary:

The Yukon Classification Appeal Board concluded that the appropriate occupational group designation of speech and language consultants to school-based personnel (the "SL Consultants") was the Education Group (EC Group), as the Union contended, rather than the Scientific and Technical Group, as the Government of Yukon contended. The Government applied for judicial review.

The Yukon Territory Supreme Court, in a decision reported at [2014] Yukon Cases Uned. 59, set aside the Board's decision. While concluding that the Board might reasonably have found the SL Consultants should be classified in the EC Group, the judge allowed the judicial review because the inclusion and exclusion criteria were not sufficiently addressed in the Board's reasons. The judge remitted the matter to the Board, with directions. The Union appealed.

The Yukon Court of Appeal allowed the appeal and reinstated the Board's decision. "Having found the interpretation of the criteria by the specialized tribunal resulted in an outcome that was open to the Board, the judge should not have required a more expansive description of the manner in which the inclusion and exclusion criteria were addressed by the decision maker."

Labour Law - Topic 439

Labour relations boards and judicial review - Boards - Jurisdiction - Classification Appeal Board - See paragraphs 19 to 37.

Labour Law - Topic 830

Labour relations boards and judicial review - Procedure - Decision - General (incl. sufficiency of) - See paragraphs 19 to 37.

Labour Law - Topic 9353

Public service labour relations - Judicial review - Decisions of adjudicators, arbitrators or grievance appeal boards - Scope of review (incl. standard) - See paragraphs 19 to 37.

Labour Law - Topic 9354

Public service labour relations - Judicial review - Decisions of adjudicators, arbitrators, grievance appeal boards or officers - Unreasonable decisions - See paragraphs 19 to 37.

Labour Law - Topic 9364

Public service labour relations - Judicial review - Decisions of adjudicators, arbitrators or grievance appeal boards - Remittal - See paragraphs 19 to 37.

Labour Law - Topic 9801

Public service labour relations - Job classification - General - See paragraphs 19 to 37.

Cases Noticed:

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 21].

Construction Labour Relations v. Driver Iron Inc. - see Driver Iron Inc. v. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local Union No. 720 et al.

Driver Iron Inc. v. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local Union No. 720 et al., [2012] 3 S.C.R. 405; 437 N.R. 202; 539 A.R. 17; 561 W.A.C. 17; 2012 SCC 65, refd to. [para. 21].

Public Service Alliance of Canada v. Canadian Federal Pilots Association et al., [2010] 3 F.C.R. 219; 392 N.R. 128; 2009 FCA 223, appld. [para. 23].

Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) (2011), 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 24].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 32].

Statutes Noticed:

Public Service Act, R.S.Y. 2002, c. 183, sect. 44, sect. 45(1) [para. 19].

Counsel:

A. Astritis, for the appellant;

K. Wenckebach, for the respondent.

This appeal was heard on May 12, 2015, at Vancouver, British Columbia, before Frankel, Tysoe and Willcock, JJ.A., of the Yukon Court of Appeal. In oral reasons by Willcock, J.A., the Court delivered the following judgment, dated May 14, 2015.