Supreme Court of Canada

Canada Safeway Ltd. v. Manitoba Food and Commercial Workers Union, Local 832 , [1981] 2 S.C.R. 180

Date: 1981-06-10

Canada Safeway Limited Appellant;

and

Manitoba Food and Commercial Workers Union, Local 832, formerly known as Retail Store Employees Union, Local 832 Respondent.

1981: June 10.

Present: Laskin C.J. and Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA

Labour relations—Arbitration award—Company’s no beard’s rule breached—Whether or not award finding rule reasonable should be set aside in face of earlier contrary decision.

APPEAL from a judgment of the Court of Appeal for Manitoba¹, setting aside the order of Solomon J. dismissing the Union’s application to set aside the award of the Arbitration Board. Appeal allowed.

Roger J. Hansell, Q.C., and Diane Jones, for the appellant.

Alvin McGregor and Davis Shrom, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We agree substantially with the reasons of Monnin J.A. and would accordingly allow the appeal, set aside the order of the Manitoba Court of Appeal and restore the order of Solomon J. dismissing the Union’s application to set aside the award of the Arbitration Board. The appellant is entitled to costs throughout.

Judgment accordingly.

Solicitors for the appellant: Aikinst MacAulay & Thorvaldson, Winnipeg.

Solicitors for the respondent: Simkin, Gallagher, Winnipeg.

Footnotes

1. 1(1981), 1981 2704 (MB CA), 120 D.L.R. (3d) 42; [1981] 2 W.W.R. 615.