Hoogendoorn v. Greening Metal Products and Screening Equipment Co. et al.

Hoogendoorn v. Greening Metal Products and Screening Equipment Co. et al.

On these facts the arbitration was directed at securing the dismissal of an identifiable employee and the employee's status was to be directly affected; because he received no notice and no opportunity to be heard and the union took a position adverse to him, natural justice required that he be notified and allowed...

Source-derived case information.

Citation
[1968] SCR 30
Parties
Appellant / Plaintiff: Dirk Hoogendoorn; Respondent / Employer: Greening Metal Products and Screening Equipment Company; Respondent / Union: The United Steelworkers of America, Local 6266
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 November 1967
Procedural Posture
Appeal From Court of Appeal; Judicial Review of Arbitration Award Under Collective Agreement / On Appeal to the Supreme Court of Canada (final Appeal)
Outcome
Appeal allowed; arbitration award quashed
Legal Topics
Union Dues Check Off, Compulsory Union Dues, Right to Individual Representation at Arbitration, Natural Justice, Policy Grievance, Wildcat Strike, Jurisdiction/ultra Vires in Arbitration
Source Language
english
Labour Law Administrative Law Collective Bargaining Arbitration Union Dues Check Off Compulsory Union Dues Right to Individual Representation at Arbitration Natural Justice +3 more

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Parties

Dirk Hoogendoorn

Appellant / Plaintiff

Greening Metal Products and Screening Equipment Company

Respondent / Employer

The United Steelworkers of America, Local 6266

Respondent / Union

Procedural Posture

Appeal From Court of Appeal; Judicial Review of Arbitration Award Under Collective Agreement / On Appeal to the Supreme Court of Canada (final Appeal)

Legal Issues

  1. 1 Whether an employee whose employment status was directly affected by an arbitration is entitled to notice and to be represented in his own right distinct from the union
  2. 2 Whether the proceeding was a policy grievance between union and employer or an ad hoc proceeding aimed at dismissal of an individual
  3. 3 Whether proceeding in the employee's absence without notice violated natural justice

Ratio Decidendi

On these facts the arbitration was directed at securing the dismissal of an identifiable employee and the employee's status was to be directly affected; because he received no notice and no opportunity to be heard and the union took a position adverse to him, natural justice required that he be notified and allowed to represent himself; the award was therefore quashed.

Court Disposition

Appeal allowed; arbitration award quashed

Orders

  • Quash the arbitration award made on April 1, 1966 by His Honour Judge G.H.F. Moore
  • Appellant to recover costs from The United Steelworkers of America, Local 6266; appellant awarded costs here and in the Courts below