Construction and General Workers' Union, Local No. 92 v Mikisew Maintenance Limited

Key Points:

• Nature of the Case: Construction and General Workers' Union, Local No. 92 ("the Union") sought judicial review of an Alberta Labour Relations Board (ALRB) decision dismissing its application to have Mikisew Maintenance Limited (MML) and Mikisew Fleet Maintenance (MFM) declared as common employers. The Union argued that MFM was used to avoid unionized labor obligations at the Fort Hills site.
• Factual Background:
  • MML had a unionized workforce under the General Presidents' Maintenance Agreement (GPMA) for work at the Suncor Base Plant.
  • MFM, a related company, employed non-union workers at the Fort Hills site.
  • The Union claimed MML and MFM were effectively the same employer and that MFM's use was to sidestep union agreements.
• Board's Initial Decision: The ALRB ruled that the Union lacked bargaining rights at Fort Hills and denied the common employer application, as the Union had no agreement covering that site.
• Key Issues:
  • Whether MML and MFM were sufficiently integrated to warrant a "common employer" declaration.
  • Whether MML's agreement with the Union covered work at Fort Hills.
• Court's Analysis:
  • The Court found the ALRB's decision unreasonable, primarily because it confused the geographic scope of the Union's bargaining rights with the specific locations where work was currently being performed.
  • The Union's rights extended to Fort Hills under the 2016 GPMA.
• Outcome: The judicial review was granted, overturning the ALRB's decision and remitting the matter for reconsideration by a new panel. No monetary award was specified.