Kenwood's Moving & Storage Limited (Appli-
cant)
v.
Cartage and Miscellaneous Employees Union
(Respondent)
Court of Appeal, Thurlow and Pratte JJ., and
Perrier D.J.—Montreal, P.Q., February 13,
1973.
Labour relations—Canada Labour Relations Board—
Jurisdiction to hear certification application—Certification
under provincial legislation irrelevant.
The jurisdiction of the Canada Labour Relations Board
under the Canada Labour Code is in no way dependent on
what has been done under provincial legislation. The Board
is therefore entitled to proceed to hear and determine an
application for certification notwithstanding that an earlier
certification under Quebec legislation had not been rescind
ed or annulled.
APPEAL.
COUNSEL:
Bertrand Lacombe for applicant.
Harold Lehrer for respondent.
Claude Ruelland for Attorney General of
Canada.
SOLICITORS:
Martineau, Walker, Allison, Beaulieu,
Phelan and Mackell, Montreal, for applicant.
Lazarus and Lehrer, Montreal, for
respondent.
Deputy Attorney General of Canada for
Canada Labour Relations Board.
The judgment of the Court was delivered by
THURLOW J. (orally)—We do not need to hear
you Mr. Lehrer and Mr. Ruelland.
We are all of the opinion that the jurisdiction
of the Canada Labour Relations Board under
the Canada Labour Code is in no way depend
ent on what has been done under provincial
legislation and that there was no error of law on
the part of the Board in proceeding to hear and
determine the application of the respondent for
certification notwithstanding the fact that the
earlier certification under the legislation of the
Province of Quebec had not been rescinded or
annulled.
We are also of the opinion that the applicant's
allegation of failure on the part of the Board to
observe the principles of natural justice in the
hearing of the respondent's application for cer
tification is unfounded in fact and in law.
The application is accordingly dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.