Walter L. Nisbet

The appellants, an employer and a union, appealed a Federal Court of Appeal decision which held that the Canada Labour Relations Board had constitutional jurisdiction to grant certification for a unit of installers.

The installers were employed by a subsidiary of a federally regulated telecommunications company and spent the vast majority of their time installing equipment on the premises of the federal undertaking.

The Supreme Court of Canada dismissed the appeal, holding that the Federal Court of Appeal had jurisdiction to hear the reference under the Federal Court Act.

On the merits, the Court held that the installers' work was an integral part of the operation of the federal telecommunications undertaking, and therefore their labour relations fell within federal jurisdiction.

The appellant, an air traffic controller, sought to appeal the appointment of another candidate to a position he had applied for.

The Public Service Commission determined under s. 21(b) of the Public Service Employment Act that the appellant's opportunity for advancement had not been prejudicially affected, denying him the right to appeal the appointment.

The appellant applied to the Federal Court of Appeal to review this decision under s. 28 of the Federal Court Act.

The Supreme Court of Canada held that the Federal Court of Appeal lacked jurisdiction because the Commission's opinion was administrative in nature and not required by law to be made on a judicial or quasi-judicial basis.

The appellant, a unilingual air traffic controller, was involuntarily transferred from Montreal to Cornwall after his position was designated bilingual.

He accepted the transfer under protest to avoid dismissal and sought a declaration that he was entitled to remain in his former position.

The Supreme Court of Canada allowed the appeal, holding that the Public Service Official Languages Exclusion Order protected the appellant from being removed from his position solely for lacking bilingual capacity.

The Court further held that the appellant's rights were not extinguished by accepting the transfer under protest, as employees should not be forced to risk disciplinary action to preserve their legal rights.

The appellant appealed a judgment of the Federal Court of Appeal that dismissed an application to review and set aside a decision of the Public Service Appeal Board.

The Board had allowed an appeal against the proposed appointment of the appellant to a position in the Public Service without affording him the opportunity to be heard.

The Supreme Court of Canada allowed the appeal, set aside the decisions below, and referred the matter back to the Board for a new hearing, directing that the appellant be given notice and an opportunity to be heard.