The applicant union sought judicial review of an arbitrator's decision dismissing a 2021 group grievance as an abuse of process.
The arbitrator had concluded the grievance was identical in substance to a 2017 grievance that was settled by a consent award.
In doing so, the arbitrator relied on her own notes and recollections from the without-prejudice mediation of the 2017 grievance, without notice to the union.
The Divisional Court allowed the application, finding the arbitrator's decision unreasonable as she failed to analyze the actual settlement agreement to determine if the union had impliedly accepted the employer's position.
The matter was remitted to a different arbitrator.
