Ontario Public Service Employees Union v. St. Lawrence College of Applied Arts and Technology et al., (1984) 6 O.A.C. 230 (DC)

Judge:Reid, Steele and Anderson, JJ.
Court:Superior Court of Justice of Ontario
Case Date:October 17, 1984
Jurisdiction:Ontario
Citations:(1984), 6 O.A.C. 230 (DC)
 
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OPSEU v. St. Lawrence College (1984), 6 O.A.C. 230 (DC)

MLB headnote and full text

In The Matter Of an award dated January 19, 1983 of a Board of Arbitration composed of Messrs. R.H. McLaren, G. Beaulieu and D. Gray, established under a collective agreement between the Ontario Council of Regents for Colleges of Applied Arts and Technology and the Ontario Public Service Employees Union.

Ontario Public Service Employees Union v. Board of Governors of St. Lawrence College of Applied Arts and Technology, McLaren, Beaulieu and Gray

Indexed As: Ontario Public Service Employees Union v. St. Lawrence College of Applied Arts and Technology et al.

Ontario Divisional Court

Reid, Steele and Anderson, JJ.

October 17, 1984.

Summary:

A telephone operator grieved that she was improperly classified. A board of arbitration held that the grievor had not been classified at all and ordered the employer to implement a new classification system. The employee's union applied to quash the board's decision.

The Ontario Divisional Court allowed the application on the ground that the board declined to exercise its jurisdiction. The court remitted the grievance back to the board for redetermination.

Arbitration - Topic 8002

Judicial review - Jurisdiction of arbitrator - Error of law on the face of the record - Disregard of question referred - An employee grieved that she was improperly classified - The board of arbitration did not deal with the grievance at all, but instead ordered that the employer implement a new classification system - The Ontario Divisional Court held that the board, by failing to deal with the issue before it, declined to exercise its jurisdiction.

Cases Noticed:

Ontario Public Service Employees Union v. The Queen in right of Ontario et al. (1983), 40 O.R.(2d) 142, refd to. [para. 13].

Statutes Noticed:

Colleges Collective Bargaining Act, R.S.O. 1980, c. 74, sect. 46(1) [para. 5].

Counsel:

Raj Anand, for the applicant;

David W. Brady, for the respondents.

This application was heard before Reid, Steele and Anderson, JJ., of the Ontario Divisional Court, whose decision was delivered by Reid, J., and released on October 17, 1984.

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