Wood, Wire & Metal Lathers’ International Union et al. v. United Brotherhood of Carpenters and Joiners of America et al.

Wood, Wire & Metal Lathers’ International Union et al. v. United Brotherhood of Carpenters and Joiners of America et al.

Majority: Appellants were contractually bound by the Green Book, Blue Book and the Department constitution to exhaust internal remedies before resorting to ordinary courts; the status quo agreement did not remove that obligation in respect of the dispute and the action was therefore premature and must be dismissed....

Source-derived case information.

Citation
[1973] SCR 756
Parties
Plaintiff/appellant: Wood, Wire & Metal Lathers’ International Union; Plaintiff/appellant: Wood, Wire & Metal Lathers’ International Union, Local 207; Plaintiff/appellant: Tom Pennington; Defendant/respondent: United Brotherhood of Carpenters and Joiners of America; Defendant/respondent: George Bengough; Defendant/respondent: United Brotherhood of Carpenters and Joiners of America, Local 452; Defendant/respondent: Construction Labour Relations Association of British Columbia
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 May 1973
Procedural Posture
Appeal to Supreme Court of Canada (labour/union Dispute) / On Appeal From the Court of Appeal for British Columbia After Trial Judgment Dismissing Plaintiffs' Action
Outcome
Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed (Laskin J. dissenting).
Legal Topics
Jurisdictional Disputes, Trade Union Internal Remedies, Status Quo Agreement, Collective Agreement Enforcement, Exhaustion of Remedies, Injunctions, Damages
Source Language
english
Labour Law Contract Law Civil Procedure Jurisdictional Disputes Trade Union Internal Remedies Status Quo Agreement Collective Agreement Enforcement Exhaustion of Remedies +2 more

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Parties

Wood, Wire & Metal Lathers’ International Union

Plaintiff/appellant

Wood, Wire & Metal Lathers’ International Union, Local 207

Plaintiff/appellant

Tom Pennington

Plaintiff/appellant

United Brotherhood of Carpenters and Joiners of America

Defendant/respondent

George Bengough

Defendant/respondent

United Brotherhood of Carpenters and Joiners of America, Local 452

Defendant/respondent

Construction Labour Relations Association of British Columbia

Defendant/respondent

Procedural Posture

Appeal to Supreme Court of Canada (labour/union Dispute) / On Appeal From the Court of Appeal for British Columbia After Trial Judgment Dismissing Plaintiffs' Action

Legal Issues

  1. 1 Whether appellants were bound to exhaust internal remedies under the Green Book/Blue Book/Department constitution before resorting to courts
  2. 2 Whether the status quo agreement excluded recourse to the National Joint Board and thus removed the obligation to exhaust internal remedies
  3. 3 Whether the collective agreement clause (14.01 and 3.02) breached the status quo agreement and entitled appellants to damages and injunctive relief

Ratio Decidendi

Majority: Appellants were contractually bound by the Green Book, Blue Book and the Department constitution to exhaust internal remedies before resorting to ordinary courts; the status quo agreement did not remove that obligation in respect of the dispute and the action was therefore premature and must be dismissed. Dissent (Laskin J.): the status quo expressly excluded recourse to the Joint Board regarding contractor assignments of metal stud work so internal procedures did not have to be exhausted; appellants were entitled to agreed damages though discretionary injunction denied due to disentitling conduct.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed (Laskin J. dissenting).

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal for British Columbia affirmed