The judgment of Ritchie, Estey, McIntyre and Lamer JJ. was delivered by
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B. Western Region (with which these proceedings are not directly concerned)
1. 1946: An employees' association failed to achieve certification before the O.L.R.B. but were certified for all employees, including installers, working under the Toronto head office under the Wartime Labour Relations Regulations. This presumably included all the employees in the Western Region.
2. 1950: The CWC replaced the first bargaining agent and the O.L.R.B. certified the CWC as the agent for the installers. Telecom apparently raised no constitutional issue.
3. 1958: The CWC applied to the Canada Labour Relations Board for certification as the bargaining agent for all installers employed in the Western Region. The C.L.R.B. found that it did not have jurisdiction.
C. Eastern and Western Regions after 1971
1. In the Eastern Region, Telecom and the CUCW continued to conduct their labour relations pursuant to the Quebec labour relation laws.
2. In the Western Region, in 1972, Telecom and the CWC recognized the federal jurisdiction by written agreement.
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3. 1974: CWC applied to the Canada Labour Relations Board to be certified to represent the supervisory installers in the Western Region. The Board found it had jurisdiction. Telecom appealed and failed in the Federal Court of Appeal. Northern Telecom Ltd. v. Communications Workers of Canada, [1977] 2 F.C. 406; and in this Court, [1980] 1 S.C.R. 115. Both courts considered that the record before them did not make a decision possible on this important question of jurisdiction.
There is, therefore, no evidence upon which this Court can find that the Board acted beyond its jurisdiction.
[…]
It might be added that, in my view, the facts raise a very difficult question from a jurisdictional and constitutional point of view, upon which this Court should not make a pronouncement in the absence of a full exploration of the facts relating to the jurisdictional and constitutional question as such. [Per Jackett C.J., at pp. 409-10.]
The judgment in this Court was given by Dickson J. who wrote at pp. 139 and 141:
On the evidence in the record, this Court is simply not in a position to resolve the important question of constitutional jurisdiction over the labour relations of the employees involved in the installation department of Telecom.
[…]
I think we must leave that question to another day and dismiss the appeal simply on the basis that the posture of the case is such that the appellant has failed to show reversible error on the part of the Canada Labour Relations Board.
4. Telecom objected to the Canada Labour Relations Board's dealing with the two applications for certification filed in 1978 by the CUCW and the CWC, which give rise to these proceedings, on the grounds of a lack of constitutional jurisdiction in the Board.
5. The CUCW applied to the Quebec Labour Relations Board for certification as the bargaining agent for the installers, some time in 1978-79. Nothing appears in the record as to where this proceeding stands.
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Cases cited
- 2 O.R. 654 2 O.R. 654 ¶ 3
- 2 O.R. 301 2 O.R. 301 ¶ 4
- 2 F.C. 406 2 F.C. 406 ¶ 5
- Northern Telecom v. Communications Workers item-2535-1979-06-28 ¶ 5