Babcock & Wilcox Can. v. IBB (1991), 101 Sask.R. 252 (QB)
MLB headnote and full text
Babcock & Wilcox Canada, a division of Babcock & Wilcox Industries Ltd. (plaintiff) v. International Brotherhood of Boilermakers, Local Union 555, Richard Albright, Vice-president for Western Canada and Norm Ross, Business Agent, representing themselves and all other members of the International Brotherhood of Boilermakers, Local Union 555 and Sheet Metal Workers’ International Association, Local Union 296 and Bert Ottenson, Business Manager representing himself and all other members of the Sheet Metal Workers’ International Association, Local 296 and The International Association of Heat & Frost Insulators & Asbestos Workers, Local Union 119, and John Weichel, Business Manager, representing himself and all other members of the International Association of Heat & Frost Insulators & Asbestos Workers, Local Union 119, and The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 179 and Harvey Fleming, Business Manager representing himself and all other members of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union 179, and International Union of Operating Engineers, Hoisting, Portable and Stationery, Local Union 870, and Ed Cowley, Business Manager, representing himself and all other members of the International Union of Operating Engineers, Hoisting, Portable and Stationery, Local 870 and The United Brotherhood of Carpenters & Joiners of America, Millwrights, Local Union 1021 and Mike Wright, Business Representative, Representing himself and all other members of the United Brotherhood of Carpenters & Joiners of America, Millwrights, Local Union 1021 and The United Brotherhood of Carpenters & Joiners, Local Union 1985, and Bob Todd, Business Manager, representing himself and all other members of the United Brotherhood of Carpenters & Joiners Local Union 1985 and Construction and General Workers Union, Local Union 890, and Frank Hartman, International Representative, and Boris Slipchuk, representing themselves and all other members of the Construction and General Workers Union, Local 890 and Construction and General Workers Union, Local 180, and Don Leader, Business Manager, and Boris Slipchuk, representing themselves and all other members of the Construction and General Workers Union, Local Union 180 (defendants)
(Q.B. No. 2271)
And
United Dominion Industries Limited (plaintiff) v. R. Harvey Fleming, representing himself and all other members of United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 179 and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 179 and Michael Wright, representing himself and all other members of Local Union 1021 (Millwrights) of the United Brotherhood of Carpenters and Joiners of America and Local Union 1021 (Millwrights) of the United Brotherhood of Carpenters and Joiners of America (defendants)
(Q.B. No. 2296)
Indexed As: Babcock & Wilcox Canada v. International Brotherhood of Boilermakers, Local 555 et al.
Saskatchewan Court of Queen’s Bench
Judicial Centre of Regina
Barclay, J.
July 8, 1991.
Summary:
Babcock and United Dominion applied for interim injunctions restraining the defendant unions from striking contrary to a negative covenant in the collective agreements and s. 44(2) of the Trade Union Act. The striking employees had returned to work.
The Saskatchewan Court of Queen’s Bench allowed the applications and granted the injunctions.
Labour Law – Topic 8872
Industrial relations – Remedies – Interim injunctions – To restrain illegal strikes – Two employers applied for interim injunctions restraining the defendant unions from striking contrary to a no strike clause in the collective agreements and s. 44(2) of the Trade Union Act – The unions submitted that an injunction should not be granted because the workers had returned to work – The Saskatchewan Court of Queen’s Bench granted the interim injunctions – The court stated that it had the power to enjoin illegal strike activity – Also, the granting of an interim injunction depended on the situation that existed when the action was commenced.
Cases Noticed:
International Brotherhood of Electrical Workers Local Union 2085 et al. v. Winnipeg Builders’ Exchange et al., [1967] S.C.R. 628, folld. [para. 23].
Prince Albert Pulp Co. Ltd. v. Davidson et al., [1970] 3 W.W.R. 556, refd to. [para. 24].
St. Anne Nackawic Pulp and Paper Co. Ltd. v. Canadian Paper Workers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236; 28 D.L.R.(4th) 1, refd to. [para. 26].
Prince Albert Pulp Co. Ltd. v. Davidson et al. (1969), 67 W.W.R.(N.S.) 315 (Sask. Q.B.), appld. [para. 34].
Statutes Noticed:
Industrial Relations Act, R.S.N.B. 1973, c. I-4, sect. 55(1) [para. 27].
Trade Union Act, R.S.S. 1978, c. T-17, sect. 44(2) [para. 1].
Counsel:
Gordon Kuski, Q.C., for Babcock & Wilcox Canada;
Larry B. LeBlanc, for United Dominion Industries Limited;
Janet E. McMurtry, for the defendant unions except The United Brotherhood of Carpenters & Joiners, Local 1985.
This application was heard before Barclay, J., of the Saskatchewan Court of Queen’s Bench, Judicial Centre of Regina, who delivered the following judgment on July 8, 1991.
