The employer claimed damages against two unions following an unlawful strike, alleging a violation of the no-strike clauses in their collective agreements.
The unions refused to appoint an arbitrator, arguing the claims were not grievances under the collective agreement or the Labour Code.
The Minister of Labour appointed an arbitrator who affirmed his jurisdiction, a decision upheld by the Superior Court but reversed by the Court of Appeal.
The Supreme Court of Canada allowed the appeal, holding that a claim for damages resulting from the violation of a collective agreement constitutes a grievance within the exclusive jurisdiction of the arbitrator.
