University of Saskatchewan v. Canadian Union of Public Employees Local Union 1975 et al. (appeal)

[1978] 2 SCR 834 Court SCC Decision date 1978-06-15 English

PartiesThe University of Saskatchewan Appellant·The Canadian Union of Public Employees Local Union 1975 Respondents·The Administrative and Supervisory Personnel Association, University of Saskatchewan Respondents·The Labour Relations Board of the Province of Saskatchewan Respondents

Counsel (8)

R.H. McKercher, Q.C., and N.G. Gabrielson, for the appellant.
L.T. Priel, for the Canadian Union of Public Employees Local Union 1975.
W.T. Molloy, for the Administrative and Supervisory Personnel Association of the University of Saskatchewan.
T. Zarzeczny, for the Labour Relations Board.
Solicitors for the appellant: McKercher, McKercher, Stack, Korchin & Laing, Saskatoon.
Solicitors for the Canadian Union of Public Employees Local Union 1975: Halyk, Priel, Stevenson & Hood, Saskatoon.
Solicitors for the Administrative and Supervisory Personnel Association of the University of Saskatchewan: MacDermid, Wright, Dickson, Molloy & Biss, Saskatoon.
Solicitors for the Labour Relations Board: Graf & Zarzeczny, Regina.

Judges Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves

Decision 6–1 Bayda J. (6) · MARTLAND J. (1)

On appeal from Saskatchewan

Subjects Labour law

Contents

Bayda J.

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—We are all of the opinion that, as stated in the dissenting judgment of Bayda J.A., the Labour Relations Board, in certifying the respondent Union as the bargaining agent for the employees included in the bargaining unit defined in its order of July 6, 1976, purported to exercise powers under s. 5(b), of The Trade Union Act, 1972, without evidence that the respondent Union represented a majority of the employees in that bargaining unit.

The appeal is allowed, the judgment of the Court of Appeal is set aside and the Board orders questioned in these proceedings are quashed.

The appellant and the respondent, The Administrative and Supervisory Personnel Association, University of Saskatchewan, are entitled, as against the respondent Union, to their costs in this Court and in the Court of Appeal.

Judgment accordingly.

Solicitors for the appellant: McKercher, McKercher, Stack, Korchin & Laing, Saskatoon.

Solicitors for the Canadian Union of Public Employees Local Union 1975: Halyk, Priel, Stevenson & Hood, Saskatoon.

Solicitors for the Administrative and Supervisory Personnel Association of the University of Saskatchewan: MacDermid, Wright, Dickson, Molloy & Biss, Saskatoon.

Solicitors for the Labour Relations Board: Graf & Zarzeczny, Regina.

Statutes and regulations cited

Unresolved citations
- s. 5(b)