International Longshoremen's and Warehousemen's Union, Shop and Dock Foremen, Local 514 v. Prince Rupert Grain Ltd.
A-133-94
Marceau, Stone JJ.A.
30/9/94
17 pp.
Application for judicial review of Canada Labour Relations Board's decision dismissing application for certification for unit of foremen employed by respondent Prince Rupert Grain Ltd.-Application allowed (concurring reasons by Marceau J.A.)-Stone J.A.: In Board's view, two objectives enshrined in Canada Labour Code to be balanced: employees' right of access to collective bargaining, establishment of unit to foster industrial peace and stability-Industrial stability to be given greater weight than employee's access to collective bargaining-Board considering two factors in focusing on industrial stability objective: practice and history of current collective bargaining scheme, practice and history of collective bargaining in industry or sector-Unit proposed by applicant found inappropriate for collective bargaining as only unit comprising employees of each of members of Association appropriate-Whether Board acted without jurisdiction or beyond jurisdiction in making impugned decision under Code, s. 33-Whether decision patently unreasonable-Decision not to be interfered with if Board acted within jurisdiction-Decision not patently unreasonable-Pragmatic and functional approach requiring Court to be reasonably flexible-Applicable to question of jurisdiction-Board not acting within limits of jurisdiction-Code not allowing Board to determine appropriate bargaining unit must consist of employees of all members of Association-FCA decision in Grain Workers Union, Local 333 v. British Columbia Terminal Elevator Operators' Association and Prince Rupert Grain Ltd. (1989), 101 N.R. 105 binding-Board may not impose multi-employer unit under Code, s. 33 without union's agreement-Board's decision made beyond limits of jurisdiction as s. 33 not invoked by applicant-No consent to Board's determination of appropriate unit under s. 33-Reviewing court must not ignore clear statutory limit on Board's jurisdiction-Board without jurisdiction to decide unit appropriate for collective bargaining must consist of employees of all members of Association including those of Prince Rupert Grain-Marceau J.A. (concurring reasons): Canada Labour Relations Board specialized tribunal with high level of expertise in field of labour relations-Confined to limitations imposed by enabling legislation-Under Act, s. 33 possibility of grouping employers for purpose of collective bargaining exceptional, subject to union's request-Multi-employer bargaining structure created by s. 33 purely voluntary-Not available alternative without union's consent-Court not to change law-Canada Labour Code, R.S.C., 1985, c. L-2, s. 33.