The parties were involved in a labour dispute during which the employer dismissed 24 striking employees for alleged misconduct.
The issue of the dismissals was referred to a consensual arbitrator, who found that the employer had no power to impose discipline during a legal strike and ordered the employees reinstated.
The employer successfully applied for judicial review, and the Court of Appeal upheld the decision to set aside the award.
The Supreme Court of Canada allowed the union's appeal, holding that even if the arbitrator erred in law, the error was not jurisdictional in nature and therefore the award was not subject to judicial review.
