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Grievances dismissed as no longer arbitrable due to a binding oral settlement reached prior to hearing.
The applicant union referred two grievances to the Ontario Labour Relations Board under section 124 of the Labour Relations Act regarding the discharge and lay-off of the grievor.
The respondent employer raised a preliminary objection, arguing that the grievances had been settled orally prior to the hearing.
The evidence showed that the union and employer had reached an oral agreement on all substantive terms, which the grievor initially accepted but later repudiated by refusing to sign the written minutes of settlement.
The Board held that a binding oral settlement had been reached and that the execution of written minutes was merely procedural.
Consequently, the Board found the grievances were no longer arbitrable and dismissed them.
