Commission des relations ouvrières du Québec v. Burlington Mills Hosiery Co. of Canada

Commission des relations ouvrières du Québec v. Burlington Mills Hosiery Co. of Canada

The Board has the exclusive statutory responsibility to determine the composition of bargaining units and the representative character of unions, including the discretionary exclusion of categories such as employees under sixteen where not otherwise prohibited by statute, and, when exercised in good faith within statutory limits, such decisions are final and not subject to judicial review under s.41a; therefore the writ of prohibition was improper and must be dismissed.

Citation
[1964] SCR 342
Parties
Defendant Appellant: Commission des relations ouvrières du Québec; Plaintiff Respondent: Burlington Mills Hosiery Company of Canada Limited; Mis En Cause Union: The United Textile Workers of America, Local 311
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 March 1964
Procedural Posture
Labour Certification Appeal / On Appeal to the Supreme Court of Canada (final Appellate Stage)
Outcome
Appeal allowed; writ of prohibition dismissed; Board certification upheld and trial judge's decision restored
Legal Topics
Certification, Bargaining Unit Composition, Exclusion of Minors, Jurisdiction, Ultra Vires, Writ of Prohibition
Source Language
English
Labour Law Administrative Law Judicial Review Certification Bargaining Unit Composition Exclusion of Minors Jurisdiction Ultra Vires +1 more

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Parties

Commission des relations ouvrières du Québec

Defendant Appellant

Burlington Mills Hosiery Company of Canada Limited

Plaintiff Respondent

The United Textile Workers of America, Local 311

Mis En Cause Union

Procedural Posture

Labour Certification Appeal / On Appeal to the Supreme Court of Canada (final Appellate Stage)

Legal Issues

  1. 1 Whether the Labour Relations Board had jurisdiction to exclude employees under sixteen from the bargaining unit and from union membership for certification purposes
  2. 2 Whether the Board's decision excluding minors was reviewable by the courts despite section 41a of the Labour Relations Act
  3. 3 Whether the union complied with statutory requirements for recognition (s.27)

Ratio Decidendi

The Board has the exclusive statutory responsibility to determine the composition of bargaining units and the representative character of unions, including the discretionary exclusion of categories such as employees under sixteen where not otherwise prohibited by statute, and, when exercised in good faith within statutory limits, such decisions are final and not subject to judicial review under s.41a; therefore the writ of prohibition was improper and must be dismissed.

Court Disposition

Appeal allowed; writ of prohibition dismissed; Board certification upheld and trial judge's decision restored

Orders

  • Appeal allowed
  • Writ of prohibition dismissed