Canadian Construction workers Union
The Iron Workers Union applied for certification of the Respondent Emerald Oilfield Construction. The Plumbers and Pipefitters Union objected, arguing that under the Construction Industry Labour Relations Act, it had been designated by the Minister of Labour under ss.9 and 10 as the bargaining agent for the trade division including the employees sought to be certified by the Iron Workers Union. The Labour Relations Board agreed with the Plumbers and Pipefitters Union and dismissed the Iron Workers Union's certification application. The Iron Workers brought this application for judicial review.HELD: Application dismissed. 1)By applying for certification of these workers the Iron Workers Union was attempting a collateral attack on the Minister's decision to designate the Plumbers and Pipefitters as bargaining agent for these employees. The Court held that the authority of the Minister could not be impugned by a collateral attack on the Labour Relations Board by way of judicial review. 2)The Court opined that the Iron Workers should have applied by way of judicial review for an order quashing the decision of the Minister designating the Plumbers and Pipefitters as the bargaining agent for these employees. 3)The Court found that the Board had exclusive jurisdiction under the Act to define the parameters of a bargaining unit. A decision made in the exercise of its discretion within its jurisdiction was therefore not reviewable even if incorrect. 4)The Construction Industry Labour Relations Act contemplates and provides for a collective bargaining scheme which deviates from that which would apply if the certification of the employee representative was handled exclusively under The Trade Union Act. 5)The Court was of the view that the Board's decision was not patently unreasonable but was correct.
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