The Canada Labour Relations Board found that a concerted refusal by production employees to work overtime constituted an unlawful strike and ordered the union and employer to submit the overtime issue to arbitration.
The union applied for judicial review.
The Federal Court of Appeal affirmed the strike declaration but set aside the arbitration order as beyond the Board's jurisdiction.
Both the union and the Board appealed to the Supreme Court of Canada.
The Supreme Court dismissed both appeals, holding that the Board had jurisdiction to determine if a strike existed and its decision was not patently unreasonable, but the Board exceeded its jurisdiction by ordering arbitration, as the Canada Labour Code did not confer such power.
