Lethbridge Com. Coll. v. Pub. Ser. Emp. (1989), 95 A.R. 363 (QB)
MLB headnote and full text
In The Matter Of The Public Service Employee Relations Act and an application pursuant to section 11
The Board of Governors of Lethbridge Community College (applicant) v. The Public Service Employee Relations Board and the Alberta Union of Provincial Employees (respondents)
(No. 8801-03193)
Indexed As: Lethbridge Community College v. Public Service Employee Relations Board (Alta.)
Alberta Court of Queen’s Bench
Judicial District of Calgary
Hutchinson, J.
February 1, 1989.
Summary:
An employer proposed certain clauses, respecting the termination of casual employees, for inclusion in a collective agreement. The Public Service Employee Relations Board decided that only part of the proposed clauses could be considered for inclusion in a collective agreement. The employer applied for certiorari.
The Alberta Court of Queen’s Bench granted the application and held that the clauses in toto could be considered for inclusion in a collective agreement.
Labour Law – Topic 9483
Public service labour relations – Collective agreements – Arbitration of proposed terms, what terms arbitrable – An employer proposed clauses respecting the termination of casual employees – The Public Service Employee Relations Board held that the proposed clauses were arbitrable but deleted the words “and without recourse to the grievance procedure” – The Board based its decision on the requirements of s. 61 of the Public Service Employee Relations Act – The Alberta Court of Queen’s Bench held that the Board committed an error of law that was patently unreasonable and held that the proposed clauses were arbitrable without deletion of the words in question.
Cases Noticed:
Alberta Union of Provincial Employees Branch 63 v. Alberta Public Service Employees Relations Board and Board of Governors of Olds College, [1983] 1 W.W.R. 593; [1982] 1 S.C.R. 923; 42 N.R. 559; 37 A.R. 281; refd to. [para. 7].
Alberta v. Public Service Employee Relations Board and the Alberta Union of Provincial Employees (1985), 61 A.R. 110, refd to. [para. 13].
Statutes Noticed:
Public Service Employee Relations Act, R.S.A. 1980, c. P-33, sect. 48, sect. 61 [para. 1].
Counsel:
D.R. Laird, Q.C., for the applicant;
B.M. Thompson, for the respondent, The Public Service Employee Relations Board;
G.B. Gawne, for the respondent, The Alberta Union of Provincial Employees.
This application was heard by Hutchinson, J., of the Alberta Court of Queen’s Bench. The decision of Hutchinson, J., was delivered at Calgary, Alberta, on February 1, 1989.
Lethbridge Com. Coll. v. Pub. Ser. Emp. (1989), 95 A.R. 363 (QB)
MLB headnote and full text
In The Matter Of The Public Service Employee Relations Act and an application pursuant to section 11
The Board of Governors of Lethbridge Community College (applicant) v. The Public Service Employee Relations Board and the Alberta Union of Provincial Employees (respondents)
(No. 8801-03193)
Indexed As: Lethbridge Community College v. Public Service Employee Relations Board (Alta.)
Alberta Court of Queen's Bench
Judicial District of Calgary
Hutchinson, J.
February 1, 1989.
Summary:
An employer proposed certain clauses, respecting the termination of casual employees, for inclusion in a collective agreement. The Public Service Employee Relations Board decided that only part of the proposed clauses could be considered for inclusion in a collective agreement. The employer applied for certiorari.
The Alberta Court of Queen's Bench granted the application and held that the clauses in toto could be considered for inclusion in a collective agreement.
Labour Law – Topic 9483
Public service labour relations – Collective agreements – Arbitration of proposed terms, what terms arbitrable – An employer proposed clauses respecting the termination of casual employees – The Public Service Employee Relations Board held that the proposed clauses were arbitrable but deleted the words "and without recourse to the grievance procedure" – The Board based its decision on the requirements of s. 61 of the Public Service Employee Relations Act – The Alberta Court of Queen's Bench held that the Board committed an error of law that was patently unreasonable and held that the proposed clauses were arbitrable without deletion of the words in question.
Cases Noticed:
Alberta Union of Provincial Employees Branch 63 v. Alberta Public Service Employees Relations Board and Board of Governors of Olds College, [1983] 1 W.W.R. 593; [1982] 1 S.C.R. 923; 42 N.R. 559; 37 A.R. 281; refd to. [para. 7].
Alberta v. Public Service Employee Relations Board and the Alberta Union of Provincial Employees (1985), 61 A.R. 110, refd to. [para. 13].
Statutes Noticed:
Public Service Employee Relations Act, R.S.A. 1980, c. P-33, sect. 48, sect. 61 [para. 1].
Counsel:
D.R. Laird, Q.C., for the applicant;
B.M. Thompson, for the respondent, The Public Service Employee Relations Board;
G.B. Gawne, for the respondent, The Alberta Union of Provincial Employees.
This application was heard by Hutchinson, J., of the Alberta Court of Queen's Bench. The decision of Hutchinson, J., was delivered at Calgary, Alberta, on February 1, 1989.