The applicant employer sought judicial review of an arbitration award that allowed a union grievance regarding the assignment of bargaining unit work to management personnel.
The arbitrator found that a bargaining unit member was available for the assignment, despite not meeting the specific conditions of the Auxiliary Board, and that the employer breached the collective agreement by using a manager.
The Divisional Court dismissed the application, holding that the arbitrator's interpretation of the collective agreement and finding of availability were reasonable and entitled to deference.
