Ontario (Attorney General) v. Ontario Public Service Employees Union and Grievance Settlement Board, (1983) 1 O.A.C. 195 (DC)

• Judge: Osler, Steele and Sirois, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 25, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 195 (DC)

Ont. (A.G.) v. OPSEU (1983), 1 O.A.C. 195 (DC)

MLB headnote and full text

Attorney General for Ontario v. Ontario Public Service Employees Union and Grievance Settlement Board

(No. 273/82)

Indexed As: Ontario (Attorney General) v. Ontario Public Service Employees Union and Grievance Settlement Board

Ontario Divisional Court

Osler, Steele and Sirois, JJ.

November 25, 1983.

Summary:

Battams filed a classification grievance with the Grievance Settlement Board. Battams alleged that he performed the same duties as Stewart, whose classification was determined previously by the board. The board refused to consider evidence respecting Stewart's prior classification and allowed Battams' grievance. The employer applied for judicial review to the Ontario Divisional Court.

The Ontario Divisional Court dismissed the application.

Labour Law - Topic 7049

Collective agreement - Arbitration - Power of arbitration board to limit issues based on its prior decisions - Battams filed a classification grievance with the Grievance Settlement Board - Battams alleged that he performed the same duties as Stewart, whose classification was determined previously by the board - The employer admitted that Battams and Stewart did the same work, but alleged that the prior decision respecting Stewart's classification was wrong - The board refused to consider evidence respecting Stewart's classification - The Ontario Divisional Court held that such a limitation by the board was a reasonable exercise of its powers and did not constitute reviewable error - See paragraphs 13 to 15.

Arbitration - Topic 7998

Judicial review - Jurisdiction of arbitrator - Error of law on the face of the record - Record - What constitutes - The Ontario Divisional Court stated that "the record is thought to include the reasons given by such a board" - See paragraph 9.

Cases Noticed:

Ontario Public Service Employees Union v. The Queen in Right of Ontario et al., 40 O.R.(2d) 142, refd to. [para. 5].

CUPE, Local 963 v. New Brunswick Liquor Corporation, [1979] 2 S.C.R. 227; 23 N.R. 266, refd to. [para. 8].

Statutes Noticed:

Crown Employees Collective Bargaining Act, R.S.O. 1980, c. 108, sect. 18(2) [para. 8]; sect. 19(1) [para. 7].

Judicial Review Procedure Act, R.S.O. 1980, c. 224, sect. 2(2) [para. 9].

Counsel:

D.W. Brown, Q.C., for applicant;

C.G. Paliare, for respondent, Union.

This application was heard by Osler, Steele and Sirois, JJ., of the Ontario Divisional Court. The decision of the Divisional Court was released on November 25, 1983 and the following opinions were filed:

Osler, J. - see paragraphs 1 to 16

Steele, J. - see paragraphs 17 and 18

Sirois, J., concurred with Osler, J.