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Supreme Court of Canada

Labour law—Union certified as bargaining agent for employees included in new bargaining unit—Order issued without evidence Union represented majority in bargaining unit—Labour Relations Board acting in excess of jurisdiction—The Trade Union Act, 1972 (Sask.), c. 137, s. 5(b).

APPEAL from a judgment of the Court of Appeal for Saskatchewan, pronounced on October 13, 1977, dismissing by a majority an application for a writ of certiorari to quash certain orders of the Saskatchewan Labour Relations Board. Appeal allowed.

R.H. McKercher, Q.C., and N.G. Gabrielson, for the appellant.

L.T. Priel, for the Canadian Union of Public Employees Local Union 1975.

W.T. Molloy, for the Administrative and Supervisory Personnel Association of the University of Saskatchewan.

T. Zarzeczny, for the Labour Relations Board.

[Page 835]

The judgment of the Court was delivered orally by

MARTLAND J.—We are all of the opinion that, as stated in the dissenting judgment of Bayda J.A., the Labour Relations Board, in certifying the respondent Union as the bargaining agent for the employees included in the bargaining unit defined in its order of July 6, 1976, purported to exercise powers under s. 5(b), of The Trade Union Act, 1972, without evidence that the respondent Union represented a majority of the employees in that bargaining unit.

The appeal is allowed, the judgment of the Court of Appeal is set aside and the Board orders questioned in these proceedings are quashed.

The appellant and the respondent, The Administrative and Supervisory Personnel Association, University of Saskatchewan, are entitled, as against the respondent Union, to their costs in this Court and in the Court of Appeal.

Judgment accordingly.

Solicitors for the appellant: McKercher, McKercher, Stack, Korchin & Laing, Saskatoon.

Solicitors for the Canadian Union of Public Employees Local Union 1975: Halyk, Priel, Stevenson & Hood, Saskatoon.

Solicitors for the Administrative and Supervisory Personnel Association of the University of Saskatchewan: MacDermid, Wright, Dickson, Molloy & Biss, Saskatoon.

Solicitors for the Labour Relations Board: Graf & Zarzeczny, Regina.






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