The applicant union sought judicial review of an arbitration award that dismissed a grievance concerning the wage progression of an Electrical Maintenance Technician.
The arbitrator had found that the employer could require a Red Seal Ticket for advancement to the highest pay rate, despite the collective agreement being silent on the issue.
The Divisional Court quashed the award, finding it unreasonable because the arbitrator failed to meaningfully address the conflicting evidence and arguments regarding the interpretation of the collective agreement and past practice.
The matter was remitted to a new arbitrator.
