T.C.C. Bottling Ltd. v. National Automobile, Aerospace and Agriculture Implement Workers of Canada (CAW - Canada), (1991) 46 O.A.C. 147 (DC)

• Judge: Callaghan, C.J.O.C., Montgomery and Campbell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: February 04, 1991
• Jurisdiction: Ontario
• Citations: (1991), 46 O.A.C. 147 (DC)

TCC Bottling Ltd. v. NAAAIW (1991), 46 O.A.C. 147 (DC)

MLB headnote and full text

T.C.C. Bottling Limited (applicant) v. National Automobile, Aerospace and Agriculture Implement Workers of Canada (CAW - Canada) (respondent) and J.W. Samuels (arbitrator)

(RE 501/90)

Indexed As: T.C.C. Bottling Ltd. v. National Automobile, Aerospace and Agriculture Implement Workers of Canada (CAW - Canada)

Ontario Court of Justice

General Division

Divisional Court

Callaghan, C.J.O.C., Montgomery and Campbell, JJ.

February 13, 1991.

Summary:

An employer applied for judicial review to quash an arbitration award.

The Ontario Divisional Court dismissed the application.

Labour Law - Topic 6706

Industrial relations - Collective agreement - Interpretation - Management rights - Contracting out work - A beverage producer/distributor used outside carriers for transportation in and out of newly acquired facilities in Uxbridge - The union grieved that the company violated the contracting out provisions of the collective agreement - An arbitrator dismissed the grievance, but went on to provide that the company must schedule its own drivers on the Uxbridge run if this could be done without serious impairment to the normal efficiency of the operation - The Ontario Divisional Court declined to review the award, which the court found was not made in excess of jurisdiction - The arbitrator simply made a suggestion towards better administration of the agreement.

Counsel:

Maureen Farson, for the applicant;

Barrie Chercover, for the respondent.

This application was heard before Callaghan, C.J.O.C., Montgomery and Campbell, JJ., of the Ontario Divisional Court on February 4, 1991. The decision of the Divisional Court was delivered orally by Callaghan, C.J. O.C., and released on February 13, 1991.