Cité de Hull v. Syndicat des employés municipaux de la Cité de Hull Inc.

Cité de Hull v. Syndicat des employés municipaux de la Cité de Hull Inc.

A lock-out in a public service ceases to be prohibited under s.97 when the employees’ association has acquired the right to strike under s.46, even if the association has not given the eight days’ prior notice required by s.99; s.99 regulates the exercise of the right to strike, not the employer’s right to lock-out.

Citation
[1979] 1 SCR 476
Parties
Appellant (employer, Public Service): Cité de Hull; Respondent (union): Le Syndicat des employés municipaux de la Cité de Hull Inc.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 December 1978
Procedural Posture
Appeal to Supreme Court of Canada (labour Law) / Final Appeal From Court of Appeal of Quebec
Outcome
Appeal allowed; decision of the Court of Appeal set aside; judgments of the Superior Court and the Labour Court restored with costs.
Legal Topics
Lock Out, Right to Strike, Statutory Interpretation, Notice Requirements for Public Service Strikes
Source Language
English
Labour Law Public Employment Law Lock Out Right to Strike Statutory Interpretation Notice Requirements for Public Service Strikes

Case Brief

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Parties

Cité de Hull

Appellant (employer, Public Service)

Le Syndicat des employés municipaux de la Cité de Hull Inc.

Respondent (union)

Procedural Posture

Appeal to Supreme Court of Canada (labour Law) / Final Appeal From Court of Appeal of Quebec

Legal Issues

  1. 1 Whether an employer may lawfully declare a lock-out in a public service after the s.46 sixty‑day period has elapsed but before the union has given the eight days’ prior notice required by s.99
  2. 2 Whether acquisition of the right to strike under s.46 carries with it the right to effect a lock-out by the employer in the context of public service employees
  3. 3 Whether s.97 prohibition on lock-outs is suspended only when an association has acquired the right to strike or only when strikes are not prohibited under s.99

Ratio Decidendi

A lock-out in a public service ceases to be prohibited under s.97 when the employees’ association has acquired the right to strike under s.46, even if the association has not given the eight days’ prior notice required by s.99; s.99 regulates the exercise of the right to strike, not the employer’s right to lock-out.

Court Disposition

Appeal allowed; decision of the Court of Appeal set aside; judgments of the Superior Court and the Labour Court restored with costs.

Orders

  • Appeal allowed
  • Decision of the Court of Appeal set aside