IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Western Electrics Ltd. v. International Brotherhood of Electrical Workers, Local 625, 2004 NSSC 129
Date: 20040624
Docket: S.H. 207988
Registry: Halifax
Between:
Western Electrics Limited
Applicant
- and -
The International Brotherhood of Electrical Workers,
Local 625 (the “Union)
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: May 11, 2004 in Chambers, at Halifax, Nova Scotia
Written Decision: June 24, 2004
Subject: Trade Union Act; certiorari; Rule 56.06(1); Rule 3.03; Rule 2.02.
Summary: A unionized employer sub-contracted work to a non-union employer. The employer had a collective bargaining relationship with I.B.E.W., Local 625 under Part II of the Trade Union Act. The Union filed a grievance which went to arbitration. The Employer applied for judicial review of the arbitration award pursuant to the Arbitration Act.
Issue: What is the proper form of judicial review where the parties are involved in the construction industry?
Result: S. 107 of the Trade Union Act mandates an application in the nature of certiorari where the dispute is with respect to a collective agreement in the construction industry. There is no alternative procedure of consensual arbitration under the collective agreement in such cases.
The time limit for filing an application in the nature of certiorari has expired. The court should not exercise its inherent jurisdiction to extend the time for filing of the application because of the wording of Rule 56.06(1). It provides that Rule 3.03, which allows for extensions of time, does not apply. Nor can Rule 2.02 override the specific wording of Rule 56.06(1).
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