Alberta Union of Provincial Employees v. University Hospitals Board

Lamer C.J. ‑‑ We need not hear from you, Mr. Hillier. We are all of the view that this appeal fails.

At the outset it is to be remembered that the issue in an appeal of the exercise of judicial review is, as has been agreed upon by both parties, whether the Board's interpretation of the collective agreement and its decision were patently unreasonable.

We agree with Mr. Justice Gallant that, while there is another reasonable construction of s. 19.05 [of the collective agreement], even possibly a better one than that adopted by the Board, that which was in effect adopted by the Board is one that could arguably be adopted and, as such, cannot be said to be patently unreasonable. Nonetheless, unilateral reclassification of employees, where it is not expressly addressed in the collective agreement, with its potentially substantial effects not only on wages but also on seniority, is something that will ordinarily be undertaken only with great care and fairness and not as a routine matter.

The appeal is, therefore, dismissed with costs.