Service Employees International Union-West v Saskatchewan Labour Relations Board
Service Employees International Union-West
Saskatchewan Labour Relations Board
Law Firm / Organization
Unrepresented
Saskatchewan Health Authority
Law Firm / Organization
Saskatchewan Health Authority
Lawyer(s)

Paul L. Clemens

Extendicare (Canada) Inc.
Law Firm / Organization
Unrepresented
Canadian Union of Public Employees, Local 5430
Law Firm / Organization
Canadian Union of Public Employees

Background:
Service Employees International Union-West (SEIU) sought judicial review of a Saskatchewan Labour Relations Board (the Board) decision dated November 30, 2023. The case arose after the Saskatchewan Health Authority (SHA) purchased five long-term care facilities from Extendicare (Canada) Inc., previously covered by SEIU collective agreements. SEIU sought recognition of SHA as the successor employer and continuation of prior union representation.

Legal Issues:

  1. Whether SHA, as a successor employer, was bound by existing certification orders and collective agreements under The Saskatchewan Employment Act.
  2. Whether the Board erred in denying a representative vote for employees on their bargaining agent.
  3. Whether the decision violated Section 2(d) of the Charter of Rights and Freedoms (freedom of association).
  4. Whether the Board gave undue weight to the "Dorsey Report" on health sector labour relations.

Decision:
The court dismissed SEIU's application for a stay of proceedings, finding that SEIU failed to establish irreparable harm or that the balance of convenience favored a stay. The court held that SHA and CUPE effectively addressed employee concerns during the transition, emphasizing the public interest in maintaining efficient health services.

Costs:
The document did not specify the total costs or an award in favor of the successful party.

Outcome:
The court prioritized patient care and administrative efficiency, declining to overturn the Board's decision pending judicial review.

Court of King's Bench for Saskatchewan
KBG-SA-00079-2024
Labour & Employment Law
Respondent