The Minister of Labour referred a question to the Ontario Labour Relations Board under section 107 of the Labour Relations Act regarding his authority to appoint an employer nominee to a board of arbitration under section 44(4).
The arbitration was previously directed by the Board as a remedy for unfair labour practices committed by both the employer and the union, which had resulted in the complainant's termination.
The employer refused to appoint a nominee, arguing that it had applied for judicial review and that the arbitration was not pursuant to the collective agreement.
The Board advised the Minister that the arbitration process contemplated by its remedial order is a process under the collective agreement to which section 44(4) applies, and therefore the Minister has the legal authority to appoint the employer nominee.
