Court of Appeal for Ontario

CITATION: United Steelworkers (Local 7135) v. National Steel Car Limited, 2013 ONCA 401

DATE: 20130613

DOCKET: C56606

Doherty, Simmons and Pepall JJ.A.

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 7135 Applicant (Appellant in Appeal)

and

National Steel Car Limited Respondent (Respondent in Appeal)

and

Director of Employment Standards (Ministry of Labour, Ontario) Intervenor

Counsel: Robert Healey, for the applicant (appellant), United Steel Workers Jane Gooding, for the respondent, National Steel Car Limited Grainne McGrath and Judy L. Chan, for the Director of Employment Standards (Ministry of Labour, Ontario)

Heard: June 12, 2013

On appeal from the order of the Superior Court of Justice, Divisional Court (Toscano Roccamo and Koke JJ. and Aston J. (dissenting)), dated October 31, 2012.

APPEAL BOOK ENDORSEMENT

[1] The reasons of the Divisional Court are found at [2012] ONSC 1941. With respect to the majority, we agree with the analysis and conclusion of Aston J. in dissent.

[2] The appeal is allowed. The order of the Divisional Court is set aside and the decision of the arbitrator is quashed.

[3] Costs to the appellant payable by the respondent, National Steel Car Limited, in the amount of $10,000 all inclusive. No costs for or against the Director of Employment Standards.