Arthur Schelter

The Minister of Labour referred a question to the Ontario Labour Relations Board regarding his authority to appoint a single arbitrator under section 45 of the Labour Relations Act.

The employer had requested the appointment after the time limits stipulated in the collective agreement for referring a grievance to arbitration had expired.

The Board held that the time limits in section 45 must be strictly construed and found the employer's referral to be untimely.

Consequently, the Board advised the Minister that he had no authority to appoint an arbitrator.

The union alleged the employer violated the Labour Relations Act by refusing to implement a first collective agreement awarded by a board of arbitration.

The employer argued the agreement was a nullity due to the Inflation Restraint Act.

The Board held that while the compensation plan within the agreement was of no effect under the Inflation Restraint Act, the remainder of the collective agreement remained valid and binding.

The Board directed the employer to implement the non-compensation provisions of the agreement.