International Brotherhood of Electrical Workers, Local 625 v. International Brotherhood of Boilermakers, Local 73
The Court found no basis to interfere with Justice Nunn's dismissal of the judicial review application and declined to overturn the Labour Relations Board's jurisdictional determination; appeal dismissed.
Source-derived case information.
- Citation
- 2001 NSCA 139
- Parties
- Appellant: International Brotherhood of Electrical Workers, Local 625; Respondent: International Brotherhood of Boilermakers, Local 73; Respondent: Babcock and Wilcox; Respondent: Labour Relations Board of Nova Scotia (Construction Industry Panel); Respondent: Attorney General of Nova Scotia
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2001
- Procedural Posture
- Appeal From Judicial Review Application / Appeal Final Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Jurisdictional Dispute, Judicial Review, Certiorari, Labour Relations Board Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
International Brotherhood of Electrical Workers, Local 625
Appellant
International Brotherhood of Boilermakers, Local 73
Respondent
Babcock and Wilcox
Respondent
Labour Relations Board of Nova Scotia (Construction Industry Panel)
Respondent
Attorney General of Nova Scotia
Respondent
Procedural Posture
Appeal From Judicial Review Application / Appeal Final Decision
Legal Issues
- 1 Whether the Court should interfere with the dismissal of the judicial review of the Labour Relations Board's jurisdictional decision
- 2 Whether the Board exceeded its jurisdiction or committed reviewable error in resolving a jurisdictional dispute
Ratio Decidendi
The Court found no basis to interfere with Justice Nunn's dismissal of the judicial review application and declined to overturn the Labour Relations Board's jurisdictional determination; appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Appellant to pay respondent union costs of the appeal in the amount of $1,000.00 inclusive of disbursements
Full Case Text
Judgment text and source record
1 paragraphs
International Brotherhood of Electrical Workers, Local 625 v. International Brotherhood of Boilermakers, Local 73 Court Court of Appeal Date 2001-10-09 Citation 2001 NSCA 139 Docket CA 167382 Judge/Registrar/Adjudicator Glube, Constance R. (Honourable Chief Justice) (CA); Chipman, David (Honourable Justice); Flinn, Edward J. (Honourable Justice) Document Type Decision Relations Library Sheet - International Brotherhood of Electrical Workers, Local 625 v. International Brotherhood of Boilermakers, Local 73 - 2001 NSCA 139 - 2001-10-09 - Library Sheet Decision Content Date: 20011009 Docket No.: CA 167382 NOVA SCOTIA COURT OF APPEAL [Cite as: International Brotherhood of Electrical Workers, Local 625 v. International Brotherhood of Boilermakers, Local 73, 2001 NSCA 139] Glube, C.J.N.S.; Chipman and Flinn, JJ.A. IN THE MATTER OF: The Trade Union Act of Nova Scotia - and - IN THE MATTER OF: An Application for an Order in the Nature of Certiorari Quashing and Setting Aside the Order of the Labour Relations Board (Construction Industry Panel) of April 19, 2000 BETWEEN: INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 625 Appellant - and - INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL 73, BABCOCK AND WILCOX, LABOUR RELATIONS BOARD OF NOVA SCOTIA (CONSTRUCTION INDUSTRY PANEL), AND ATTORNEY GENERAL OF NOVA SCOTIA Respondents __________________________________________________________________ REASONS FOR JUDGMENT __________________________________________________________________ Counsel: John C. MacPherson, Q.C., for the appellant Jamie S. Campbell for the respondents, International Brotherhood of Boilermakers, Local 73, Babcock and Wilcox Dean Smith for the respondent, Labour Relations Board of Nova Scotia (Construction Industry Panel) Appeal Heard: October 9, 2001 Judgment Delivered: October 9, 2001 THE COURT: Appeal dismissed with costs per oral reasons for judgment of Flinn, J.A.; Glube, C.J.N.S. and Chipman, J.A. concurring. FLINN, J.A. (Orally): [1] In our opinion there is no basis for this court interfering with the decision of Justice Nunn who dismissed the appellant’s application for judicial review of a decision of the Labour Relations Board (Construction Industry Panel) dated September 18, 1999. The Board’s decision resolved a jurisdictional dispute between the appellant and respondent unions. [2] This appeal is therefore dismissed. The appellant will pay to the respondent union its costs of this appeal in the amount of $1,000.00 inclusive of disbursements. Flinn, J.A. Concurred in: Glube, C.J.N.S. Chipman, J.A.