Canadian Union of Public Employees v. Canadian Broadcasting Corp., [1992] 2 S.C.R. 7

International Alliance of Theatrical Stage Employees Appellant

v.

Canadian Union of Public Employees Respondent

and

National Association of Broadcast and Electronic Technicians Respondent

and

Canadian Broadcasting Corporation Respondent

and

S. A. Tacon, Douglas G. Gilbert and Leslie Sanders Respondents

Indexed as: Canadian Union of Public Employees v. Canadian Broadcasting Corp.

File No.: 22061.

1992: May 7.*

Present: Lamer C.J. and La Forest, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for ontario

Labour relations ‑‑ Arbitration ‑‑ Notice ‑‑ Failure to give notice of arbitration to two unions which might be significantly affected by award constituted denial of natural justice ‑‑ Quashing of award upheld.

Held: The appeal should be dismissed.

APPEAL from a judgment of the Ontario Court of Appeal (1990), 1990 CanLII 8078 (ON CA), 70 D.L.R. (4th) 175, 38 O.A.C. 231, 90 C.L.L.C. {PP} 14,025, reversing a judgment of the Divisional Court dismissing an application to quash an arbitration board's award. Appeal dismissed.

Thomas W. G. Pratt, for the appellant.

Douglas J. Wray, for the respondent Canadian Union of Public Employees.

Barrie D. Chercover, for the respondent National Association of Broadcast and Electronic Technicians.

Thomas Brady, for the respondent Canadian Broadcasting Corporation.

//The Court//

The following is the judgment delivered by

The Court --The Court of Appeal quashed the award of the Arbitration Board dated December 4th, 1987. It did so on the grounds that the failure to give notice of the Arbitration to the Canadian Union of Public Employees and to the National Association of Broadcast and Electronic Technicians when the result of the Arbitration could have a significant effect upon those unions constituted a denial of natural justice. We agree with the conclusion and disposition on that ground.

In obiter comments the Court of Appeal went on to indicate that the Arbitrator hearing the appellants' grievance would have jurisdiction, despite the absence of the consent of all parties concerned, to determine the jurisdictional dispute involving the three unions. The respondents did not seek to uphold that portion of the reasons of the Court of Appeal. They were right to take that position. The issue does not appear to have been argued below and it was in those circumstances inappropriate to make any such determination.

What transpires once notice of the arbitration is given will be up to the parties. For example, they may consent to submit to the jurisdiction of the arbitrator so that the jurisdictional dispute of the unions can be resolved. Alternatively, they may wish to take steps to attempt to have the matter determined by the Canada Labour Relations Board. Whatever steps may be taken by the parties, the Court cannot, simply by its order, bestow upon an arbitrator jurisdiction that does not flow either from a statutory provision or from the consent of the parties.

The important issue resolved by this appeal is that those to be significantly affected by the arbitration should receive notice of the proceedings. Fairness and natural justice require no less. No other judicial disposition should be made at this stage.

In the result, the appeal is dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellant: Pratt, Lundy Associates, Brampton, Ont.

Solicitors for the respondent Canadian Union of Public Employees: Caley & Wray, Toronto.

Solicitors for the respondent National Association of Broadcast and Electronic Technicians: Golden, Freen & Chercover, Toronto.

Solicitors for the respondent Canadian Broadcasting Corporation: Heenan, Blaikie, Montréal.

• Reasons delivered May 21, 1992.