The applicant school board sought judicial review of an arbitrator's decision upholding a union grievance regarding teacher lunch breaks.
The school board had directed teachers to receive students in their classrooms five minutes before the start of afternoon classes, which the union argued violated the collective agreement's provision for a lunch period free of assigned tasks.
The arbitrator found that the school board had voluntarily fettered its discretion under O. Reg. 298 by agreeing to the collective agreement provision.
The Divisional Court applied the patent unreasonableness standard of review and dismissed the application, finding the arbitrator's interpretation of the regulation and collective agreement was not patently unreasonable.
