Gavin J. Leeb

The applicant sought an order of mandamus to compel the Grievance Settlement Board to reopen her grievance file and set aside a settlement agreement she signed in 2001.

The Divisional Court dismissed the application for judicial review, finding that the applicant lacked standing before the Board, as only the union and employer are parties to the collective agreement.

Furthermore, the Court held it had no jurisdiction to quash the settlement, noting the applicant had already exhausted her remedies regarding the union's duty of fair representation before the Ontario Labour Relations Board.

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.