Paladin Security Group Ltd. v. Construction General Labourers, Rock & Tunnel Workers

Key Issues:

1. Judicial Review Application:
   • Paladin Security sought to quash a Bargaining Unit Order and a subsequent Certification Order issued by the Newfoundland and Labrador Labour Relations Board.
   • Paladin argued that the Bargaining Unit should cover all security employees across multiple sites, not just those at the Waterford Hospital.
   • Paladin requested the Court to assess whether the 30-day rule for requesting reasons from the Board was beyond its authority (ultra vires).
2. Mootness:
   • The Union argued that the issue was moot because the parties had negotiated and ratified a tentative collective agreement.

Court's Decisions:

1. Ultra Vires Issue:
   • The Court found it appropriate to consider whether the Board's 30-day rule for requesting reasons was ultra vires. However, it held that the rule was not beyond the Board’s authority.
2. Mootness:
   • The Court ruled that there was still a live issue, so the application was not moot. The Court also exercised its discretion to hear the case given the ongoing relevance of the matter.
3. Decision on the Board's Discretion:
   • The Court found that the Board's decision to deny Paladin reasons for the Bargaining Unit Order was unreasonable and set it aside.
   • The Court ordered the Board to provide written reasons for its decision on the Bargaining Unit Order.
4. Outcome:
   • Paladin’s application to quash the Bargaining Unit Order and Certification Order was dismissed.
   • No order as to costs.