The applicant school board sought judicial review of an arbitrator's decisions allowing a union grievance regarding the calculation of instructional minutes under a collective agreement.
The dispute centered on whether 'early bells' at certain schools required students to enter before the published start time, thereby exceeding the 300-minute instructional day cap.
The Divisional Court quashed the arbitrator's decisions, finding that the arbitrator fundamentally misapprehended the nature of the grievance and the evidence, and unreasonably awarded compensation without proof that teachers worked additional minutes or performed different duties.
The matter was remitted to a different arbitrator.
