KDM Constructors LP v The International Union of Operating Engineers Local 870

Background:
The International Union of Operating Engineers, Local 870, applied to the Saskatchewan Labour Relations Board for certification as the bargaining agent for operating engineers employed by KDM Constructors LP. These employees were working at the construction site of the BHP Jansen potash mine. KDM opposed the certification, claiming the employees’ work constituted “maintenance work,” not “construction activity,” under the Saskatchewan Employment Act (SEA). KDM also challenged the constitutionality of the SEA’s requirement to participate in collective bargaining through a representative employer organization (REO).

Key Legal Issues:

1. Applicability of the Saskatchewan Employment Act (SEA):
   The Court upheld the Board’s decision that the work performed—transporting water, removing sewage, and mixing concrete—was integral to the mine’s construction and not maintenance activity.

2. Constitutional Challenge Under the Charter:
   KDM argued that the SEA’s requirement to join an REO violated its freedom of association under Section 2(d) of the Canadian Charter of Rights and Freedoms. The Court ruled that corporate entities like KDM are not entitled to this protection, which is aimed at balancing power in employment relationships.

Costs and Awards:
Costs were awarded to the International Union of Operating Engineers, Local 870, in the usual manner. Specific monetary amounts were not detailed.