The appellant Union appealed a Divisional Court decision quashing an arbitrator's award that allowed the Union to initiate individual teacher workload complaints before a Workload Resolution Arbitrator.
The Court of Appeal held that the arbitrator's decision was patently unreasonable because the collective agreement contained clear words limiting access to the arbitrator solely to individual teachers.
The agreement's specific provisions regarding the grievance process demonstrated that the parties did not intend for the Union to initiate complaints at the arbitration stage.
The appeal was dismissed.