British Columbia Hydro & Power Authority v. Office and Technical Employees Union 378 et al., [1978] 1 SCR 1015

Supreme Court of Canada

British Columbia Hydro & Power Authority v. Office and Technical Employees Union 378 et al., [1978] 1 S.C.R. 1015

Date: 1977-11-22

British Columbia Hydro & Power Authority Appellant;

and

Office and Technical Employees Union 378, et al.

and

The Labour Relations Board of British Columbia and the Attorney-General of British Columbia Respondents.

1977: November 22.

Present: Laskin C.J. and Martland, Ritchie, Spence, Pigeon, Dickson, Beetz, Estey and Pratte JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Labour relations—Collective bargaining—B.C. Hydro & Power Authority under duty to bargain collectively concerning pension plans—British Columbia Hydro and Power Authority Act, 1964 (B.C.), c. 7, s. 55—Labour Code of British Columbia, 1973 (B.C.) (2nd Sess.), c. 122, s. 6.

APPEAL from a judgment of the Court of Appeal for British Columbia[1], allowing an appeal from a judgment of Murray J. quashing part of a decision of the Labour Relations Board. Appeal dismissed.

J.M. Giles and H. Dodd, for the appellant.

R.E. Cocking, for the respondent Unions.

J.D. McAlpine, Q.C., and J. McEwen, for the respondents, Labour Relations Board of British Columbia and Attorney-General of British Columbia.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. Cocking. We are all of the opinion that the appeal fails and must be dismissed with costs to the respondent Unions only.

We hold that the Court of Appeal of British Columbia was correct in reinstating the Board’s

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determination that Hydro is under a duty to bargain collectively concerning pension plans, should that matter be raised at the bargaining table by any of the Unions certified for Hydro employees.

Judgment accordingly.

Solicitors for the appellant: Farris, Vaughan, Wills & Murphy, Vancouver.

Solicitors for the respondent Unions: McTaggart, Ellis & Co., Vancouver.

Solicitors for the respondents, Labour Relations Board of British Columbia and Attorney General of British Columbia: McAlpine, Roberts & Poulus, Vancouver.