The judgment of Laskin C.J. and McIntyre and Chouinard JJ. was delivered by
On or about the 19th of April, 1974 the Canadian Union of Public Employees, hereinafter referred to as the Union, was certified as the appropriate bargaining agent for certain employees of the Digby Regional High School Board, hereinafter referred to as the School Board.
Prior to December 31, 1978 an undated collective agreement signed by the Union and the School Board was in force for the calendar year 1978.
The Union gave notice to commence collective bargaining in writing by letter dated September 12, 1978.
The Union and the School Board entered the year 1979 without any collective agreement but they operated under the provisions of the 1978 agreement during negotiations. On August 27, 1979 at a union meeting the membership voted to go on strike and a strike commenced on September 4, 1979, the start of a school year. On September 5, 1979 the School Board agreed to contract out the busing of students.
On September 24, 1979 a complaint was made to the Labour Relations Board (Nova Scotia) alleging that the School Board had committed unfair labour practices prohibited by the Trade Union Act. By a decision dated
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November 8, 1979 the Labour Relations Board (Nova Scotia) found that the School Board had committed an unfair labour practice and the employer was ordered to cease and desist from this practice.
A complaint was received by the Minister of Labour and Manpower from the Union by letter dated February 16, 1981 alleging that the School Board had failed to make every reasonable effort to conclude and sign a collective agreement pursuant to sections 33 and 34 of the Trade Union Act. The Minister of Labour and Manpower, pursuant to section 34(1) referred the complaint to the Labour Relations Board (Nova Scotia).
The Board conducted hearings and heard evidence on March 16; April 13, 14, 15, 16, 27 and 28; May 19 and 20; June 22, 23 and 24; and July 22, 1981. The Board issued an interim order dated July 31,1981 and reserved August 31, 1981 as a date for a further hearing in the event a new collective agreement was not concluded and signed by that date.
Subsequent to the August 31, 1981 hearing, the Labour Relations Board (Nova Scotia) advised that certain questions would be referred to the Appeal Division of the Supreme Court of Nova Scotia for determination as questions of law.
The Labour Relations Board (Nova Scotia) has made certain findings of fact based upon the hearings conducted and the evidence before it and the findings are attached hereto under the signature of the Chairman and seal of the Board as Schedule “A”.
The Labour Relations Board (Nova Scotia) respectfully requests the opinion of the Appeal Division of the Supreme Court of Nova Scotia on the following questions hereinafter outlined: