The applicant union sought judicial review of a supplementary interest arbitration award concerning per diem meal allowances for cabin personnel on a new low-cost carrier.
The union argued the arbitrator was functus officio and lacked jurisdiction to reverse his previous award.
The Divisional Court dismissed the application, finding that the arbitrator had jurisdiction to clarify an inherent contradiction in the initial award to reflect his manifest intention that the new service remain competitive as a low-cost carrier.
The arbitrator's decision to impose the mainline per diem rate was reasonable.
