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Arbitrator lacks jurisdiction to determine preventability of a collision for non-disciplinary purposes where collective agreement provides external review.
The Union grieved a letter of warning issued to a bus driver for a preventable collision, seeking removal of the preventable collision designation from all files.
The Employer raised a preliminary objection, arguing the arbitrator lacked jurisdiction to re-characterize the collision for non-disciplinary purposes, such as training and risk assessments, as the collective agreement provided a specific external review process (Ontario Safety League) for that purpose.
The arbitrator agreed with the Employer, holding that while she had jurisdiction to determine preventability in the context of whether there was just cause for discipline, she lacked jurisdiction to determine preventability for all purposes in relation to the Employer's operations.
