Arbitrators cannot decide insurer liability absent incorporation into the collective agreement.
The union appealed from a Divisional Court decision quashing an arbitrator's ruling that he had jurisdiction to determine an employee's entitlement to long-term disability benefits as against an insurer.
The collective agreement required the employer only to maintain the group insurance policy in force and pay premiums, obligations the employer had admittedly fulfilled, and the policy was not incorporated into the collective agreement.
Applying correctness review and the essential character analysis under labour arbitration jurisprudence, the court held the dispute was between the employee and the insurer under the insurance policy, not a dispute arising from the interpretation, application, administration or violation of the collective agreement.
The arbitrator therefore lacked jurisdiction, and also lacked authority to add the insurer to the arbitration.
London Life Insurance Company v. Dubreuil Brothers Employees Association, a Division of IWA Canada Local 2693 et al., 2000 ONCA 5757
