Office & Professional Employees' International Union v. B.C. (The Labour Relations Board of)

Office & Professional Employees' International Union v. B.C. (The Labour Relations Board of)

The Court held the Labour Relations Board's interpretation of s.68(1)(b) was not patently unreasonable; given the statutory ambiguity and the Board's exclusive jurisdiction and expertise, the Board permissibly construed 'ordinarily works at another of the employer's places of operations' to allow consideration of factual factors (including significant time, nature and integration of work) and its decisions were restored.

Citation
2001 BCCA 433
Parties
Petitioner/respondent: Office and Professional Employees' International Union, Local 378; Respondent/appellant: The Labour Relations Board of British Columbia; Respondent/appellant: British Columbia Automobile Association
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
21 June 2001
Procedural Posture
Judicial Review of Administrative Decision / Appeal to Court of Appeal From Chambers Judge
Outcome
Appeal allowed; order of the chambers judge set aside; Labour Relations Board decisions restored
Legal Topics
Replacement Workers, Statutory Interpretation, Standard of Review, Labour Relations Code S.68
Source Language
English
Labour and Employment Administrative Law Replacement Workers Statutory Interpretation Standard of Review Labour Relations Code S.68

Case Brief

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Parties

Office and Professional Employees' International Union, Local 378

Petitioner/respondent

The Labour Relations Board of British Columbia

Respondent/appellant

British Columbia Automobile Association

Respondent/appellant

Procedural Posture

Judicial Review of Administrative Decision / Appeal to Court of Appeal From Chambers Judge

Legal Issues

  1. 1 Whether the Labour Relations Board's interpretation of s.68(1)(b) of the Labour Relations Code is patently unreasonable
  2. 2 Whether Regional Sales Managers 'ordinarily work at another of the employer's places of operations' within s.68(1)(b)
  3. 3 Whether the Board exceeded its jurisdiction by substituting policy judgment for legislative intent

Ratio Decidendi

The Court held the Labour Relations Board's interpretation of s.68(1)(b) was not patently unreasonable; given the statutory ambiguity and the Board's exclusive jurisdiction and expertise, the Board permissibly construed 'ordinarily works at another of the employer's places of operations' to allow consideration of factual factors (including significant time, nature and integration of work) and its decisions were restored.

Court Disposition

Appeal allowed; order of the chambers judge set aside; Labour Relations Board decisions restored

Orders

  • Allow appeal
  • Set aside order of the chambers judge that quashed the Board's decisions