The Minister of Labour referred a question to the Ontario Labour Relations Board regarding his authority to appoint a single arbitrator under section 45 of the Labour Relations Act.
The union had previously initiated the arbitration process under the collective agreement, but the employer argued this referral was premature and subsequently requested a section 45 expedited arbitration.
The Board held that the union's premature referral did not foreclose the employer's timely section 45 request, confirming the Minister's jurisdiction to appoint an arbitrator.