Two non-union longshoremen complained to the Canada Labour Relations Board that their respective unions breached the duty of fair referral under s. 161.1 of the Canada Labour Code.
The Board found clear breaches and, under its broad remedial powers in s. 189, ordered the unions to admit the complainants to membership and to establish proper referral rules.
The Federal Court of Appeal set aside the membership orders, finding the Board exceeded its jurisdiction.
The Supreme Court of Canada allowed the appeals, holding that the Board's remedial authority under s. 189 is broad enough to permit such orders in special cases to remedy the adverse consequences of the unions' failure to comply with the Code.
