CASE NO. VOLUME PAGE
Cite as: Local 28 Marine, Office and Technical Employees Union v. Halifax Shipyard Ltd, 1997 NSCA 105
LOCAL 28 MARINE, OFFICE AND HALIFAX SHIPYARD LIMITED
TECHNICAL EMPLOYEES UNION
- and -
(Appellant) (Respondent)
C.A. No. 134669 Halifax, N.S. FLINN, J.A.
(orally)
APPEAL HEARD: May 29, 1997
JUDGMENT DELIVERED: May 29, 1997
WRITTEN RELEASE OF ORAL: June 3, 1997
SUBJECT: Arbitration - Grievance - re: Collective Agreement - Production of Documents for Inspection
SUMMARY: On a preliminary motion by the Union, in the arbitration of a grievance with respect to the Collective Agreement, the Arbitrator ordered the employer to produce, for inspection by the Union, certain documentation. A Judge of the Supreme Court quashed the decision of the Arbitrator on the basis that the Arbitrator had no statutory authority to order production for inspection.
ISSUE: Judicial Review
RESULT: Appeal dismissed. The trial judge made no reversible error in concluding that the arbitrator had no authority to order production, for inspection by the Union, of the documents in question.
Query: Whether the Arbitrator could compel, by subpoena duces tecum, production of the documents at the aribitration hearing, was not before the panel.
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THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION, QUOTES MUST BE FROM THE DECISION, NOT FROM THE COVER SHEET. THE FULL COURT DECISION CONSISTS OF 1 PAGE. |