Case information
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36750
Winnipeg Airports Authority Inc. v. Public Service Alliance of Canada, et al.
(Manitoba) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-04-12 | Close file on Leave | |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI15-30-08358, 2015 MBCA 94, dated October 6, 2015, dismissed with costs. Dismissed, with costs |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-02-03 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-02-03 | Winnipeg Airports Authority Inc. |
| 2016-01-25 | Notice of name | Public Service Alliance of Canada |
| 2016-01-25 | Certificate (on limitations to public access) | Public Service Alliance of Canada |
| 2016-01-25 | Respondent's response on the application for leave to appeal, Completed on: 2016-01-25 | Public Service Alliance of Canada |
| 2015-12-07 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-12-07 | |
| 2015-12-04 | Notice of name | Winnipeg Airports Authority Inc. |
| 2015-12-04 | Certificate (on limitations to public access) | Winnipeg Airports Authority Inc. |
| 2015-12-04 | Application for leave to appeal, Completed on: 2015-12-04 | Winnipeg Airports Authority Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Winnipeg Airports Authority Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Public Service Alliance of Canada | Respondent | Active |
| Union of Canadian Transportation Employees, Local 50600 | Respondent | Active |
Counsel
Party: Winnipeg Airports Authority Inc.
Counsel
Cynthia L. Lazar
James E. McLandress
400 St. Mary Avenue
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0352
FAX: (204) 953-7190
Email: gmitchell@tmlawyers.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Public Service Alliance of Canada
Counsel
Amanda Montague-Reinholdt
220 Laurier Avenue
Suite 1600
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: aastritis@ravenlaw.com
Party: Union of Canadian Transportation Employees, Local 50600
Counsel
220 Laurier Avenue
Suite 1600
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: aastritis@ravenlaw.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Administrative law ? Judicial review ? Standard of review ? Arbitration ? Pyramiding ? Union representing employees filed 65 grievances challenging employer’s refusal to pay weekend premium in addition to shift premium for same hours worked on weekend ? Grievances went to arbitration under Canada Labour Code, R.S.C. 1985, c. L-2, before sole arbitrator ? Arbitrator finding affected employees are entitled to be paid weekend premium when they work a regular evening or night shift on weekends in addition to shift premium ? Court of Queen’s bench quashing decision of arbitrator and remitting matter back for reconsideration ? Court of Appeal allowing appeal and reinstating decision of arbitrator ? What does term “pyramiding” mean when used in a collective agreement without further definition ? In particular, does a provision against pyramiding only apply if payments at issue are “intended for the same purpose”.
The applicant operates the airport. The union respondents, represent the grievors who are employees of the applicant. The grievors work in various jobs related to the operation of the airport. The grievors work shift work which requires them, from time to time, to work evening or night shifts on weekends. The collective agreements detail when an employee is entitled to be paid a shift premium and a weekend premium. It also contains a provision that there shall be no pyramiding of premiums under the agreement. Sixty-five grievances were filed challenging the employer’s refusal to pay the weekend premium in addition to the shift premium for the same hours worked on a weekend.
All of the grievances went to arbitration under the Canada Labour Code, R.S.C. 1985, c. L-2, before a sole arbitrator. The arbitrator allowed the grievances and decided that the unions’ interpretation of the collective agreement was correct and affected employees are entitled to be paid the weekend premium when they work a regular evening or night shift on weekends in addition to the shift premium.
On judicial review, the application judge quashed the arbitrator’s award and remitted the matter back for reconsideration. The Court of Appeal allowed the appeal and reinstated the arbitrator’s award.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI14-01-88366, 2015 MBQB 6
Decision of arbitrator quashed and set aside. Matter returned to arbitrator for reconsideration.
Court of Appeal of Manitoba
AI15-30-08358, 2015 MBCA 94
Appeal allowed and arbitrator’s award reinstated.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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