Public Service Alliance of Canada, Local 05/20500 v. British Columbia (Labour Relations Board) et al.

Public Service Alliance of Canada, Local 05/20500 v. British Columbia (Labour Relations Board) et al.

The Court held, on a standard of correctness, that s.142 of the Labour Relations Code confers jurisdiction on the Labour Relations Board to order partial revocation of bargaining rights where appropriate; the Board's historical exercise of plenary powers and the scheme of the Code permit such orders; and on the fairness issue the Board did not deny natural justice by declining to reopen its partial decertification policy absent compelling reasons, so the petition is dismissed.

Citation
2005 BCSC 577
Parties
Petitioner: Public Service Alliance of Canada, Local 05/20500; Respondent Tribunal: British Columbia Labour Relations Board; Respondent Employer: Canadian Corps of Commissionaires (Victoria, the Islands and Yukon); Respondent Employees: Certain Employees of the Canadian Corps of Commissionaires (Victoria, the Islands and Yukon)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 April 2005
Procedural Posture
Judicial Review of Administrative Tribunal Decision / Judgment on Application for Judicial Review (reasons for Judgment)
Outcome
petition dismissed
Legal Topics
Partial Decertification, Jurisdiction of Administrative Tribunal, Natural Justice and Fair Hearing, Tribunal Plenary Power, Policy Formulation by Administrative Tribunals
Source Language
English
Labour Law Administrative Law Statutory Interpretation Partial Decertification Jurisdiction of Administrative Tribunal Natural Justice and Fair Hearing Tribunal Plenary Power Policy Formulation by Administrative Tribunals

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Parties

Public Service Alliance of Canada, Local 05/20500

Petitioner

British Columbia Labour Relations Board

Respondent Tribunal

Canadian Corps of Commissionaires (Victoria, the Islands and Yukon)

Respondent Employer

Certain Employees of the Canadian Corps of Commissionaires (Victoria, the Islands and Yukon)

Respondent Employees

Procedural Posture

Judicial Review of Administrative Tribunal Decision / Judgment on Application for Judicial Review (reasons for Judgment)

Legal Issues

  1. 1 Whether the Labour Relations Board has jurisdiction under s.142 of the Labour Relations Code to order partial revocation (partial decertification) of bargaining rights
  2. 2 Whether the Board denied the petitioner natural justice/a fair hearing in applying or refusing to revisit its partial decertification policy

Ratio Decidendi

The Court held, on a standard of correctness, that s.142 of the Labour Relations Code confers jurisdiction on the Labour Relations Board to order partial revocation of bargaining rights where appropriate; the Board's historical exercise of plenary powers and the scheme of the Code permit such orders; and on the fairness issue the Board did not deny natural justice by declining to reopen its partial decertification policy absent compelling reasons, so the petition is dismissed.

Court Disposition

petition dismissed

Orders

  • Petition dismissed
  • Costs awarded to the Canadian Corps of Commissionaires (Victoria, the Islands and Yukon)