Bakery and Confectionery Workers International Union of America, Local No. 468 v. White Lunch Ltd.

Bakery and Confectionery Workers International Union of America, Local No. 468 v. White Lunch Ltd.

The Labour Relations Board had jurisdiction under s.65(3) to reconsider and vary its earlier certification and reinstatement orders and to substitute White Lunch Limited as the named employer; 'vary' can include retrospective modification where appropriate; no jurisdictional defect (bias, fraud, denial of natural justice or lack of qualification) was shown, so the Court must not interfere and the appeal is allowed.

Citation
[1966] SCR 282
Parties
Appellant (union): Bakery and Confectionery Workers International Union of America, Local No. 468; Appellant (employee): Matti Salmi; Appellant (employee): Svend Nielsen; Respondent (employer): White Lunch Limited; Defendant (tribunal): The Labour Relations Board of British Columbia
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 January 1966
Procedural Posture
Labour Relations Appeal / Appeal to Supreme Court of Canada — Final Judgment on Certiorari Challenge
Outcome
Appeal allowed with costs; application for certiorari quashing the Labour Relations Board orders dismissed
Legal Topics
Certification of Bargaining Unit, Variation of Tribunal Orders, Jurisdiction and Privative Clause, Retroactivity of Administrative Variation, Effect of Company Liquidation on Labour Orders, Reinstatement and Remedies
Source Language
English
Labour Law Administrative Law Company Law Certification of Bargaining Unit Variation of Tribunal Orders Jurisdiction and Privative Clause Retroactivity of Administrative Variation Effect of Company Liquidation on Labour Orders +1 more

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Parties

Bakery and Confectionery Workers International Union of America, Local No. 468

Appellant (union)

Matti Salmi

Appellant (employee)

Svend Nielsen

Appellant (employee)

White Lunch Limited

Respondent (employer)

The Labour Relations Board of British Columbia

Defendant (tribunal)

Procedural Posture

Labour Relations Appeal / Appeal to Supreme Court of Canada — Final Judgment on Certiorari Challenge

Legal Issues

  1. 1 Whether the Labour Relations Board had jurisdiction under s.65(3) to vary or cancel prior certification and reinstatement orders and to substitute White Lunch Limited as the named employer
  2. 2 Whether the word 'vary' in s.65(3) can operate retroactively to affect earlier decisions
  3. 3 Whether the voluntary liquidation of Clancy's Pastries Limited ousted the Board's jurisdiction or invalidated its orders

Ratio Decidendi

The Labour Relations Board had jurisdiction under s.65(3) to reconsider and vary its earlier certification and reinstatement orders and to substitute White Lunch Limited as the named employer; 'vary' can include retrospective modification where appropriate; no jurisdictional defect (bias, fraud, denial of natural justice or lack of qualification) was shown, so the Court must not interfere and the appeal is allowed.

Court Disposition

Appeal allowed with costs; application for certiorari quashing the Labour Relations Board orders dismissed

Orders

  • Appeal allowed with costs here and in the Courts below
  • The application to quash the Labour Relations Board orders dated February 13, 1963 is dismissed (the Board's amendments to the October 16, 1962 and November 8, 1962 orders stand)