United Steelworkers of America, Local 4589 et al. v. Bombardier-M.L.W. Limitée

United Steelworkers of America, Local 4589 et al. v. Bombardier-M.L.W. Limitée

The clause was ambiguous; the arbitrator's interpretation that 'illness occurring or contracted while in the Company's plant' includes illnesses that manifest during the period of employment (not strictly industrial illnesses) was a reasonable construction the text could bear; therefore the arbitrator acted within his jurisdiction and did not alter the collective agreement; there was no breach of natural justice because the employer had notice via written pleadings and did not seek a reopening or rehearing.

Citation
[1980] 1 SCR 905
Parties
Appellant Trade Union: United Steelworkers of America, Local 4589; Appellant Employee: Yvon Robert; Respondent Employer: Bombardier-M.L.W. Limitée; Arbitrator (mis En Cause): Bernard Brody
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 April 1980
Procedural Posture
Labour Law Collective Agreement Arbitration (evocation) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Quebec (motion in Evocation)
Outcome
Appeal allowed; motion in evocation dismissed; judgments of the Court of Appeal and the Superior Court reversed; costs awarded to appellants.
Legal Topics
Collective Agreement Interpretation, Jurisdiction of Arbitrator, Natural Justice, Judicial Review of Arbitral Awards
Source Language
English
Labour Law Arbitration Law Administrative Law Collective Agreement Interpretation Jurisdiction of Arbitrator Natural Justice Judicial Review of Arbitral Awards

Case Brief

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Parties

United Steelworkers of America, Local 4589

Appellant Trade Union

Yvon Robert

Appellant Employee

Bombardier-M.L.W. Limitée

Respondent Employer

Bernard Brody

Arbitrator (mis En Cause)

Procedural Posture

Labour Law Collective Agreement Arbitration (evocation) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Quebec (motion in Evocation)

Legal Issues

  1. 1 Whether the arbitrator exceeded his jurisdiction by interpreting clause 13.06(d)(3) to cover illnesses that manifest during employment rather than only industrial illnesses
  2. 2 Whether the arbitrator breached principles of natural justice by changing his view after hearing without ordering a reopening or rehearing
  3. 3 Whether admission of medical certificates without cross‑examination was fatal to the award

Ratio Decidendi

The clause was ambiguous; the arbitrator's interpretation that 'illness occurring or contracted while in the Company's plant' includes illnesses that manifest during the period of employment (not strictly industrial illnesses) was a reasonable construction the text could bear; therefore the arbitrator acted within his jurisdiction and did not alter the collective agreement; there was no breach of natural justice because the employer had notice via written pleadings and did not seek a reopening or rehearing.

Court Disposition

Appeal allowed; motion in evocation dismissed; judgments of the Court of Appeal and the Superior Court reversed; costs awarded to appellants.

Orders

  • Appeal allowed
  • Motion in evocation dismissed